The following terms and conditions ("Terms of Use") govern the use of the website (the "Site"), any Bisdesk mobile device software applications (the "Mobile Software"), and any related services (together with the Site and Mobile Software, the "Service") made available by Bisdesk FZ LLC. ("us, "we," or "Bisdesk"). By accessing, using or participating in the Service, you ("you" or the "User") agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.
THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (DEFINED BELOW), AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT BISDESK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS BISDESK A REAL ESTATE BROKER, AGENT OR INSURER, EVEN IF GUESTS AND HOSTS USE THE SPACE LICENSE AGREEMENT (AS DEFINED BELOW) FOR THEIR AGREEMENT. BISDESK HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE OR THE SPACE LICENSE AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.
These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.
In order to reserve or otherwise schedule time in a workspace (a "Space”) from another User through the Service, or to offer for booking or otherwise make available your Space to another User through the Service, you must register for a User account. In these Terms of Use, Users that reserve or otherwise schedule time in a Space on the Service are referred to as “Guests” and Users that offer for booking or otherwise make available their Space through the Service are referred to as “Hosts.” A User may be a Guest and/or a Host, and may register for both a Guest account and a Host account.
In connection with registering for, using or participating in the Service (whether as a Guest and/or Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Bisdesk ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Bisdesk, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
Use of the Service by Hosts is also governed by our Host Terms located at https://Bisdesk.com/terms/host-terms (the “Host Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a Host, you are consenting to the terms of the Host Terms as well.
You acknowledge that the Service is a forum to allow anyone to find, schedule time in, reserve, book, offer to book, and make available Spaces. Your transactions, communications and interactions with any other Users (including any interactions between a Guest and a Host), including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that Bisdesk does not itself own or operate any Spaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or control any Spaces, and Bisdesk does not act as an agent or broker for any Host or any Guest. Instead, Bisdesk provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Software and the Service to allow Guests, Hosts and Professionals to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent if elected to do so by the Host under the terms of the section heading “Payment,” below. Bisdesk is not party to transactions or communications between Guests and Host, other than to the limited extent set out in these Terms of Use. In addition, Bisdesk does not screen Hosts, Guests, or the Spaces themselves – each Host is solely responsible for screening and assessing any Guests it is considering granting access to its Space, and each Guest is solely responsible for assessing the suitability of any Space it is considering using. Bisdesk has no control over the quality, suitability or availability of any Space, or over the reliability, integrity or conduct of any Host or Guest. Notwithstanding these Terms of Use or the Host Terms, to the extent that Bisdesk offers Space through the Service as a Host, it is subject to the terms applicable to Hosts.
By completing a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of which are located at:
and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host (the "House Rules” and, together with the Hourly Space License Agreement or the Monthly Space License Agreement, as applicable, the “Space License Agreement”).
The following terms in the Space License Agreement shall be defined for the applicable reservation in accordance with the Registration Data and Profile for the applicable Space, Guest and Host.
In the event of any conflict between the Space License Agreement and these Terms of Use, these Terms of Use shall govern and control.
While Bisdesk is not a party to the Space License Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space License Agreement. Consequently, as a Guest, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Hourly Space License Agreement or the Monthly Space License Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Guest as a part of completing a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not Bisdesk, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Service. Guests, and not Bisdesk, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. Bisdesk is not a party to those agreements, and Bisdesk disclaims all liability arising from or related to any such agreements. Bisdesk does not act as an insurer or as a Guest’s or Host’s real estate broker.
Bisdesk may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BISDESK IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. BISDESK DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE BISDESK FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
You agree to the fees and charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service, including any applicable Fees (defined below) and Service Charges (defined below). All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use. Bisdesk may change the fees and charges for the Service at any time in its sole discretion.
If you are a Guest and you have been duly authorized to book the Space by the Host, when you complete a reservation for a Space on the Service, you agree to pay the applicable fee for using the Space as set forth in the offering for such Space (the “Fee”) based on the type of reservation booked (i.e. Hourly Reservation vs. Monthly Reservation (each, defined below)). The Fee for an Hourly Reservation is the rate per hour of the reservation and the Fee for a Monthly Reservation is the rate per calendar month of the reservation. “Hourly Reservations” are reservations with duration of 24 hours or less including any reservations made for a full day, as well as recurring reservations where each individual reservation is a full day or less. “Monthly Reservations” are reservations with a minimum duration of one calendar month, including reservations that automatically renew on a month-to-month basis.
You will be billed the Fee through one of the two following options, as determined by the Host: (1) Bisdesk will ask for your credit card information and billing address or other payment information, and Bisdesk will process your Fee payment on behalf of the Host (the “Bisdesk Billing Option”), or (2) the Host will bill you directly for the Fee, and the Host will process your Fee payment directly (the “Host Billing Option”). Under the Bisdesk Billing Option, Bisdesk is acting as the Host’s limited payment collection agent, and the Fee paid through this option shall be considered the same as a payment made directly to the Host.
The amount and timing of the Fee payments processed by Bisdesk on behalf of the Host is based on the type of reservation booked. For Hourly Reservations booked under the Bisdesk Billing Option, Bisdesk will process payment for such reservations upon acceptance by the venue. For Hourly Reservations, you will be charged the Fee for the total number of hours booked including any taxes as set forth in the offering for the Space (the “Hourly Reservation Payment”). Any changes you make to your reservation after it is made may result in an adjustment to the Hourly Reservation Payment for the reservation subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Host may adjust the Hourly Reservation Payment for your reservation based on your actual use of the Space. If you believe a change to your Hourly Reservation Payment made by a Host was in error, you may request a refund by providing notice to Bisdesk through the Service. Bisdesk may provide you a refund at Bisdesk’s sole discretion.
Monthly Reservations may only be request to book under the Bisdesk Billing Option and require a minimum length of one calendar month. For Monthly Reservations, the host will process the initial payment for such request to book reservations. For Monthly Reservations, the initial payment will be equal to (1) the Setup Charge (as defined in the Space License Agreement), (2) (i) the Fee for the first full calendar month of the reservation (if you start your reservation on the first calendar day of the month), or (ii) a pro-rated portion of the Fee for the first partial month of the reservation (if you start your reservation after the first calendar day of the month), and (3) any applicable taxes. In addition, Bisdesk will also process an additional amount equal to the Fee for a full calendar month (the “Deposit”).
Renewals of Monthly Reservations, if any, shall be in accordance with the Space.
The Deposit will be collected by Bisdesk on behalf of the Host and held for the benefit of the Guest and Host during the term of the reservation pursuant to the terms and conditions of the Space License Agreement.
If you are a Host, you acknowledge that Bisdesk accepts payments from Guests as a limited collection agent for the Host and that Bisdesk’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Bisdesk does not guarantee payments to Hosts for amounts that have not been successfully received by Bisdesk from Guests.
Any reservations that are cancelled by the Guest or by the Space at the Guest's request are subject to the Cancellation Terms.
Cancellations of any Space License Agreement shall be governed by the terms and conditions of the Space License Agreement (the "Cancellation Terms").
Use of the Service is also governed by our Privacy Policy, a copy of which is located at “Privacy Policy”. By using the Service, you are consenting to the terms of the Privacy Policy.
All content on the Site and otherwise available through the Service, including User Content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Bisdesk. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access (a) solely for the User's personal, non-commercial use, or (b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that the User maintains all copyright or other proprietary notices on all copies of such Site Content.
Except for your own User Content or for use in a Collection, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation (other than in a Collection). You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of Bisdesk that are not expressly granted in these Terms of Use are reserved to Bisdesk.
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Host, your Space (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Host, your Space, that you upload or otherwise provide to Bisdesk for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.
You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that you upload, publish, display or otherwise provide to Bisdesk for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that Bisdesk may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that Bisdesk believes violates these Terms of Use. Bisdesk has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Bisdesk.
Bisdesk does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts or Professionals, and makes no representations or warranties with respect to any User Content.
When you post User Content to the Site, you grant to Bisdesk an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.
"Bisdesk" is a registered trademark of Bisdesk FZ LLC. "Bisdesk" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Bisdesk FZ LLC in the United Arab Emirates and other countries ("Bisdesk Fingerprint"). You may not use the Bisdesk Fingerprint, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Bisdesk endorses any product or service. You may not reproduce or use the Bisdesk Fingerprint without the prior written permission from Bisdesk.
You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and Bisdesk expressly disclaims any liability that may result from your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices.
In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:
The Site may contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Bisdesk. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
This Service is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or older.
Subject to the terms of these Terms of Use, Bisdesk grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.
You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.
Bisdesk own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.
The following terms and conditions apply to you only if you are using Mobile Software from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Bisdesk, not Apple, and that Apple has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price.
If any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Bisdesk acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Bisdesk acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party's intellectual property rights, Bisdesk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and Bisdesk acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Bisdesk respects the intellectual property rights of others and expects Users of the Service to do the same. Bisdesk complies with the Federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any User Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
If you believe that your User Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Content, please send us a counter-notice containing the following information:
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed User Content in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at Bisdesk’s sole discretion.
Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Bisdesk may also terminate a User's account if the User is determined to be a repeat infringer. Bisdesk’s designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Bisdesk FZ LLC
Ras Al Khaimah, United Arab Emirates
+971 52 520 4719
Bisdesk is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Bisdesk is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Bisdesk shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Bisdesk be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
BISDESK PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS "AS IS," AND, EXCEPT AS PROVIDED HEREIN, AND BISDESK AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BISDESK CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, BISDESK DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; BISDESK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND BISDESK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL BISDESK OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST'S USE OF A SPACE, EVEN IF BISDESK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BISDESK BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BISDESK'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BISDESK FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Bisdesk may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Use, the Space License Agreement (including any applicable House Rules) or violate any other rules that govern the use of the Service, (ii) your conduct may harm Bisdesk or others or cause Bisdesk or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by Bisdesk in its sole discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future reservations as either Guest or Host will be immediately terminated; (b) we may communicate to your Guests or Hosts that such reservations have been cancelled; (c) for Hosts, we may refund your Guests in full for any and all confirmed reservations; (d) you will not be entitled to any compensation for reservations that were cancelled as a result of a suspension or termination of your account.
Bisdesk may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Bisdesk.
You may terminate your Bisdesk account at any time by providing Bisdesk with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Bisdesk at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Bisdesk will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host and your Collections, on or through the Service.
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
You agree that if you have any dispute with Bisdesk relating in any way to these Terms of Use or from access to or use of the Service, you will first contact us and attempt to resolve the dispute with us informally.
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration. If you are an individual, you may opt out of this Arbitration Agreement within 30 days of the first of the date you access or use the Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. This Arbitration Agreement will survive any termination of these Terms of Use.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Bisdesk of your intent to arbitrate (“Notice”). The Notice to Bisdesk should be sent by sending the Notice by registered or certified mail to Bisdesk FZ LLC, RAKEZ, Ras Al Khaimah, UAE. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the Dubai Arbitration Courts, UAE.
If you do not want to arbitrate disputes with Bisdesk and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: [email protected] within 30 days of the first of the date you access or use the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND BISDESK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of the United Arab Emirates without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in the Dubai, UAE. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You agree to indemnify and hold Bisdesk harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, and any violation of these Terms of Use, the Space License Agreement, the Host Terms, or of any law or the rights of any third party.
These Terms of Use, the Host Terms, Cancellation policy and the Privacy Policy constitute the entire agreement between you and Bisdesk regarding the use of the Service and supersede any prior agreements between you and Bisdesk relating to your use of the Service. The failure of Bisdesk to exercise or enforce any right or provision of these Terms of Use or the Host Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use or the Host Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use or the Host Terms or the rights and obligations hereunder or thereunder to any third party.
