TERMS AND CONDITIONS
Bizcnd provides an online platform (the “Platform”) that connects providers (“Hosts”) who have spare spaces with persons (“Guests”) looking for such spaces and properties (collectively, the “Space” and “Services”). Throughout the site, the terms “we”, “us” and “our” refer to Bizcnd. Bizcnd offers this Platform, including all information, tools and services available from this Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our Platform, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, mobile applications, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully.
Any new features or tools that are added to this Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
Our Platform are used to facilitate the listing and booking of Host’s Space for use as required by Guests. Spaces are offered as Listings on the Platform by Hosts. If you wish to book a Space or create a Listing, you must register to create a Bizcnd Account.
For the avoidance of doubt, Bizcnd is not an owner or operator of the Space offered, and Bizcnd does not own, sell, resell, furnish, provide, rent, manage and/or control the Space. Unless explicitly specified otherwise in the Bizcnd platform, Bizcnd’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) accepting payments from Guests on behalf of the Hosts.
Bizcnd cannot and does not control the content in any Listings and the condition, legality or suitability of any Space listed. Bizcnd is not responsible for and disclaims any and all liability related to any and all Listings and Space offered. Accordingly, any bookings will be made at the Guest’s own risk.
OUR RELATIONSHIP WITH YOU
In providing the Services, we are not acting as an agent for any Host or Guest. We do not provide real estate services or make any endorsements or recommendations regarding the Space, Hosts and Guests appearing on the Platform. Nothing we do on this Platform constitutes any form of specialist advice, whether property, legal, financial or otherwise. You must seek your own professional advice where appropriate.
We provide the Platform, allowing Guests and Hosts to connect and enter into an Access Arrangement directly with each other and to facilitate payment of Access Fees by a Guest to a Host in respect to a Space. Our relationship with you is as a service provider of online services.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to the Listing descriptions, pricing, amenities, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform has been modified or updated.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices on the Platform are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any booking you place with us. We may, in our sole discretion, limit or cancel quantities booked per person or per order. In the event that we make a change to or cancel a booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made.
You agree to provide current, complete and accurate purchase and account information for all bookings made on our platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When listing a Space, you will be asked a variety of questions about the Space to be listed, including, but not limited to the location, size, amenities, availability, pricing and any related rules and financial terms.
Listings will be made publicly available via our Platform. Guests will be able to book your Space based upon the information provided in your Listing. Once a Guest requests a booking of your Space, you may not request the Guest to pay a higher price than in the booking requested.
For the avoidance of doubt, Bizcnd may choose to reject a Listing at its own discretion and for any reason, which need not be disclosed to you. You acknowledge and agree that, to the maximum extent permissible by law, Bizcnd shall not be liable for any loss incurred by you in connection with a rejected Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s access to, a Space in a Listing you post (1) will not breach any agreements you have entered into with any third parties, lease or rental agreements, and (2) will (a) be in compliance with all applicable laws, tax requirements, rules and regulations that may apply to any Space included in a Listing you post, and (b) not conflict with the rights of third parties.
Bizcnd assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Bizcnd, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
RESPONSIBILITY AS HOST
A Host is solely responsible for making available any Space booked through our Platform. The Host must complete the Host Terms applying to the Space including the date from which the Space is available, the end date of the Access Period, the Access Fee payable and any other terms and conditions applying to the access by a Guest to the Space. In the event that anything in the Host Terms is inconsistent with these Terms, these Terms will take precedence to the extent of the inconsistency.
If you are a Host, you must make your own enquiries and satisfy yourself as to whether the Guest is suitable to use the Space. We do not in any way endorse any person or organisation as a suitable Guest.
If you have agreed to make the Space available to a Guest, you are responsible for ensuring all the conditions and restrictions relating to the Guest’s licence to use the Space are included in the Host Terms and that the Guest is aware of these. You must comply with the terms and conditions of the Access Arrangement. As Bizcnd is not a party to the Access Arrangement, we disclaim all liability arising from or related to any such agreement.
Where you have entered into an Access Arrangement with the Guest, you must provide the Guest with access and utilisation of the Space for the Access Period, subject to the payment of the Access Fee. You must keep the Space and the Property clean and if you have agreed to provide any facilities and equipment to the Guest, the facilities and equipment must be maintained in good repair and working order. If there are any restrictions on the ability of the Guest to access the Space at any time, you must let them know in the Host Terms before the Access Arrangement is entered into and if the restriction is not known at that time, as soon as you become aware of the restriction.
As a Host, it is your responsibility to ensure that (1) the Space is a safe environment and suitable for the purposes which the Guest intends to use the Space; (2) the Space complies with all health and safety laws and regulations applying to the Property; (3) you are legally entitled to licence the Space to the Guest; (3) you comply with the terms of any lease or licence to which you are a party relating to your occupation of the Property; (4) all necessary approvals and permits have been obtained in relation to the occupation and activities conducted at the Property and the Space.
You must maintain adequate insurance in respect to the Property and the Space to cover any risk of injury or loss to the Guest or invitees of the Guest and to cover the potential of loss or damage caused by the Guest or invitees of the Guest.
RESPONSIBILITY AS GUEST
By entering into an Access Arrangement with the Host in respect to the Space, the Host is granting you a limited licence to enter and use the Space for the limited duration of the Access Period. These Terms, the Host Terms and any additional terms and conditions imposed by the Host apply to the licence and you agree to comply with those terms and conditions. Any such licence and agreement is between you and the Host. We do not make any representation as to the terms of any such agreement. You should seek independent advice before you enter into the Access Arrangement with the Host.
You acknowledge that the Host may be occupying the Property in which the Space is located, as a tenant under a licence or lease with a third party. You must at all times comply with the terms of the licence and/or lease and with the reasonable directions of the Host and that third party. As a Guest, it is your responsibility to ensure that the Space is suitable for your requirements and purposes.
Where the Host provides you with keys and security access devices or any other materials, you must keep them safe and ensure they are not used by any other person without the consent of the Host. The Host can impose any conditions and restrictions on access to the Space and you should ascertain from the Host whether there are any restrictions on access to the Space prior to entering into the Access Arrangement, for example on public holidays, weekends and after hours.
You must ensure your occupation and use of the Space does not adversely impact or cause disruption to the Host, any other occupant of the Property or any neighbouring properties, including ensuring you do not make excessive noise or obstruct access to the Property.
You are responsible for any loss or damage caused by you or by any person you invite or otherwise provide access to the Space. In the event that you have damaged the Property and/or the Space, you agree to pay the cost of repairing the damage and replacing any damaged items. You will also be liable for any loss suffered by the Host as a result of the damage caused.
You must maintain the Space in the same condition it was in when you arrived including ensuring the Space is clean and your possessions are removed. It is your responsibility to keep safe and insure any possessions you take to or leave at the Space.
You must vacate the Space at the end of the Access Period no later than the time and day specified in the Host Terms or such other time as mutually agreed between the Host and Guest in writing (“End Date”). Your licence to occupy the Space expires on the End Date unless it is terminated earlier by the Host, for example if you fail to comply with the Access Arrangement or if your use of the Space becomes unsafe for any reason. If you fail to vacate the Space by the End Date, you will be liable to pay additional Access Fees until such time as you vacate the Space and remove your possessions.
The Host is entitled to remove and dispose of possessions remaining on the Property after the End Date and is entitled to charge you for the costs of doing so as well as the costs of repairing and/or cleaning the Space if you damage it or don’t leave it in a clean condition. You must return all keys and security access devices to the Host prior to the End Date. The Host will be entitled to charge you for any keys and security access devices which are not returned in working order.
You authorise Bizcnd to charge the credit card or other payment methods you provide for payment of any Access Fee and for any additional amounts payable under the Access Arrangement.
DAMAGE TO SPACES
As a Guest, you are responsible for leaving the Space in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Space.
In the event that a Host provides evidence of damage you hereby agree to pay the cost of replacing/repairing those damaged items. For the avoidance of doubt, Bizcnd shall have no liability in respect of any damage costs required to be paid by the Guest.
Any necessary payment will be charged to and taken from the credit card on file in your Bizcnd Account. We also reserves the right to charge the credit card on file in your Bizcnd Account, or otherwise collect payment from you. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space to the applicable Host or to Bizcnd (if applicable).
Both Guests and Hosts agree to cooperate with and assist Bizcnd in good faith, and to provide Bizcnd with such information and take such actions as may be reasonably requested by Bizcnd, in connection with any complaints or claims made by Guests relating to Host’s Space.
All confirmed bookings are final and non-refundable. However if a Host fails to deliver a confirmed booking, Bizcnd will refund the Access Fees for such booking to the applicable Guest within a reasonable time of the cancellation.
If, as a Host, you cancel a confirmed booking, Bizcnd may apply penalties to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee.
In consideration for the use of Bizcnd Platform, we charge the Service Fees. Bizcnd deducts the Service Fees from the total Access Fees before remitting the balance to the Host. Except as otherwise provided herein, Service Fees are non-refundable.
USER REVIEW, RATING AND OTHER SUBMISSIONS
If you send or post certain specific submissions (for example listing reviews), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bizcnd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless Bizcnd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms of Service and any policies or operating rules posted by us on this Platform or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of Singapore. Any dispute will be subject to the exclusive jurisdiction of the Singapore courts.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.