Terms of Service
aCubeNow® is owned and operated by SoFTDeW Innovations Pvt. Ltd. (the “Company”/ “aCubeNow®/ACUBENOW®”), a company incorporated under the Section 7, Companies Act, 2013 with its registered office at 110, Purva Parkridge, Ghosala Road, Bengaluru – 560 048.
- Your Acceptance
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR OFFICE SPACES AND REGISTERED USERS MAY LEARN ABOUT AND BOOK SUCH OFFICE SPACES. YOU UNDERSTAND AND AGREE THAT aCubeNow® IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND USERS, NOR IS aCubeNow® A REAL ESTATE BROKER, AGENT OR INSURER. aCubeNow® HAS NO CONTROL OVER THE CONDUCT OF OWNERS, REGISTERED USERS AND OTHER USERS OF THE SERVICES OR ANY OFFICE SPACE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF OFFICE SPACES. aCubeNow® CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY OFFICE SPACE. aCubeNow® IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND OFFICE SPACES. ANY BOOKINGS MADE ARE AT THE USERS’ OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM OR THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“App” or “Application” shall mean and include the software and mobile application accessed through or downloaded from app stores [i.e. Playstore (Android) or App Store(iOS)], and accessible from any platforms where the Application functions such as mobile phones, tablets and any such other devices.
“Website” shall mean www.aCubeNow.com
Platform shall mean the Application and the Website.
“Company,” “we,” “us,” “our“, “aCubeNow®ACUBENOW®” shall mean SoFTDeW Innovations Pvt. Ltd and shall include its subsidiaries, affiliates and group companies.
“Content” means and includes, without limitation, any information, data (including but not limited any visual data), text, reports, User profiles, software, tags, graphics, scripts, photos and interactive features generated, provided, or otherwise made accessible either by You or by us or our partners or sponsors on or through the Service.
“Owner” shall mean the individual or entity which wishes to enlist its Office Space on the Platform.
“Office Space” shall mean any number of office desks, conference rooms listed on the Platform.
“Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“You” or “User” means any end user of the Services including site visitors and Owners.
The Company has developed a proprietary software namely the ‘aCubeNow®’ App and the Website, allowing an Owner the opportunity to list its Office Space on the Platform and an User to use such Office Space for any permitted purpose as mentioned by the Owner. These ToS apply to all Users of the Platform and the Service, including Owners.
- Updation of Terms of Service
The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Service or by sending You an email. Your continued use of the Platform following the posting of any changes to the ToS constitutes acceptance of those changes.
In order to access and use the Platform or register an ACUBENOW® Account You must be an individual and shall be at least 18 years old or an individual duly authorised to act on behalf of a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country You are established in and able to enter into legally binding contracts.
- Registration and Account Integrity
When You use the Platform, You will first be asked to create an account with us. As part of the registration process/for creating your account, You will need to provide us with the following information such as your name, the organisation you are representing, mobile number and your email address. It is your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You can then create an account username/handle for yourself. You cannot create an account username using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of the above conditions. You can also register to join by logging into your account with certain third party social networking sites (“SNS”), such as Facebook and LinkedIn, (each such account, a “Third Party Account”) via our Platform, as described below. As part of the functionality of the Platform, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to ACUBENOW® through the Platform; or (ii) allowing ACUBENOW® to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to ACUBENOW® and/or grant ACUBENOW® access to your Third Party Account (including for use for the purposes described in these Terms of Service), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account
You will immediately notify us in writing of any unauthorized use of your account, or any other account-related security breach upon the same being noticed by You.
You can access the Platform through your account maintained in the Platform. The account is provided on a best-efforts and on an ‘as-is’ basis. While we strive to maintain the highest levels of Service availability, and we will not be liable for any interruption that may be caused to your access of the Services or to your registered account on the Platform.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account. You are responsible for anything that happens through your account. If for any reason You suspect that your registered account has been compromised to or obtained by another party, You should contact us immediately and inform us about such incident on a priority level.
Any information You provide to us for the purposes of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on your account including any Content uploaded through it.
All applicable fees, including the service fee, security deposit (if applicable), and any applicable Taxes (collectively, “Total Fees”) will be presented to You prior to purchasing a package(or making a booking in case of acubenow lite users) from ACUBENOW®. You agree to pay the Total Fees for any booking/package requested in connection with your ACUBENOW® account. After purchasing a package from ACUBENOW®, subject to meeting any requirements (such as completing any verification processes) set by ACUBENOW® or the Owner, you can book a listing available on the Platform by following the respective booking processes.
Upon receipt of a booking confirmation from ACUBENOW®, a legally binding agreement is formed between You and your Owner, subject to any additional terms and conditions of the Owner.
You understand that a confirmed booking of an Office Space is a limited license granted to You by the Owner to enter, occupy and use the Office Space, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Office Space, in accordance with your agreement with the Owner.
- Booking Modifications, Cancellations and Refunds
Owner and the User are responsible for any modifications to a booking that they make via the Platform (“Booking Modifications”), and agree to pay any additional fees and/or taxes associated with such Booking Modifications.
User can cancel a package at any time before he/she utilises his/ her package and ACUBENOW® will refund the amount of the Total Fees due to the User. However, if a User utilises any portion of his package the User will not be entitled to any refund.
If an Owner cancels a confirmed booking, the User will receive a full refund of the Total Fees for such booking.
In certain circumstances, ACUBENOW® may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds. This may be for reasons set forth where ACUBENOW® believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to ACUBENOW®, other Users, third parties or property, or (ii) for any of the reason set out in these Terms.
- Service Fees and Payment
The Users in consideration for the use of the Platform shall pay the Total Fees. Any applicable Total Fees will be displayed to a User prior to booking a listing. ACUBENOW® reserves the right to change the fees at any time, and will provide the Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
The applicable Total Fees (including any applicable Taxes) is collected by ACUBENOW®. ACUBENOW® will deduct its Service Fees before remitting the payout to the Owner which shall be in accordance with the Listing Agreement.
- Ratings and Reviews
Within a certain timeframe after completing a booking, the User and the Owner can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individuals and do not reflect the opinion of ACUBENOW®. Ratings and Reviews are not verified by ACUBENOW® for accuracy and may be incorrect or misleading.
Ratings and Reviews by Users and Owners must be accurate and may not contain any offensive or defamatory language.
Further, the Owners and Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review on the Platform.
- Rules and Conduct
As a condition of use, You promise not to use the Service for any purpose that is prohibited by the ToS or other rules or policies implemented by us from time to time or any other applicable law.
You shall not display, download, modify, publish, transmit, update or share any information that You receive as a part of Services being offered to You and You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes any intellectual property or other right of any other person or entity; (iii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) impersonates any person or entity, (v) harm minors in any way, (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature (vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation or (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
ACUBENOW® reserves the right to remove any Content (including your profile) from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content via the report/spam button, or if ACUBENOW® is concerned that You may have violated the Terms of Service), with or without notice to the User/Users.
Further, as a part of the code of the conduct the User shall not carry out any activities which will harm/ damage the Office Space, destroy any property in the Office Space, cause any inconvenience to the other peoplein the Office Space, or indulge in any other activities not permitted by the Owner. Prior to checking in to an Office Space, you may be required to provide valid identification proof or abide by other formalities required by the Owner.
ACUBENOW® hereby grants you permission to access and use the Service as set forth in these ToS provided You shall not (directly or indirectly):
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures we may use to prevent or restrict access to the Service (or parts thereof);
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Service; and
- copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
- Your Use of the Content
You understand and acknowledge that:
- The Content is provided to you in an ‘as is’ manner and ACUBENOW® is not responsible for the Content uploaded by You and the other users on the Platform. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ACUBENOW® or the respective licensors of the Content. ACUBENOW® and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- While accessing the Platform, Service and the Content provided by ACUBENOW®, You understand that the Content made available on the Platform is based on indicative fields and ACUBENOW® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or Services. You further understand and acknowledge that You may be exposed to Content that is inaccurate and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against ACUBENOW® with respect to the Content and the Services provided.
- ACUBENOW® shall not be held responsible for any advertisements made available by third parties on the Platform and it is suggested that the Users consult the terms and conditions of these third party advertisers before relying on such advertisements.
- Use of Your Information and Content
You should only provide Content and information that is your own or have the right to use.
We reserve the right to maintain, delete or destroy all information, Content and materials uploaded on the Platform pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to You. We may make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
- Third Party Services
ACUBENOW® may provide Users with links to, or contact information for, third party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Service. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
- Alerts and Notifications
The Platform provides You with multiple automatic alerts and notifications. This may include updates to the Users for marketing and advertisement purposes by using the contact details provided by the Users, such as their phone numbers or email address. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
- Content Ownership and Copyright Conditions of Access
Your copying of the copyrighted content published by Company on the Platform for any commercial purpose or for the purpose of earning profit will be a violation of copyright, the Terms of Service and Company reserves its rights to take any legal action under applicable law accordingly.
We authorize the User to view the Content available on or from the Platform only. User shall not modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose or for personal gain.
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Platform or our Services;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Resolving any complaints, information, or queries by other Users regarding your Critical Content; or
- For sending promotional and marketing messages.
If you provide any feedback or suggestions, we can use them without compensating You and we are under no obligation to keep such feedback/suggestion confidential. Further, You hereby agree to waive all the rights in the ideas/suggestions provided to us.
- Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information upon registration. We reserve the right to moderate the changes or updates requested by You, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile.
aCubeNow® offers email-based and online support tools. You may access support resources or contact our support by emailing at beInspired@aCubeNow.com. In some, regions or associated with certain partners, we may direct You to obtain support from 3rd party service providers. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty. Further, there may be certain support required by the User which is beyond our scope of Services, and we recommend that in those cases You directly contact the Owner.
The Company reserves the right to suspend or terminate your access to the Platform and the Services with or without notice and to exercise any other remedy available under law including but not limited to in cases where:
- You are in breach of any terms and conditions of the ToS,
- The Company is unable to verify or authenticate any information provided to Company by You,
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User, or
- The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company, or are contrary to the interests of the Platform.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability
THE PLATFORM AND SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service or the Platform, or (ii) your violation of the ToS or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith and bear the expenses or reimburse the Company with the reasonable attorney fees and court fees.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. IN NO EVENT WILL aCubeNow®’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING ANY OFFICE SPACE VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM IN CONNECTION WITH ANY OFFICE SPACE, EXPERIENCES, PAYMENT SERVICE, OR INTERACTIONS WITH ANY OTHER USERS , EXCEED INR 1,000.
- Governing Law
This Terms of Service shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore and You hereby accede to and accept the jurisdiction of such courts.
The ToS along with other policies(including the Listing Agreement in case of Owners) constitute the entire agreement between you and aCubeNow® with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and aCubeNow® with respect to the Service. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of ACUBENOW® to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. All terms of this ToS which by their nature extend beyond their termination, remain in effect until fulfilled and apply to respective successors and assigns.
- Grievance Redressal Mechanism
Any discrepancies or grievances with regard to the Services provided or breach of this ToS shall be taken up with the designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature to (“Grievance Officer”) Contact: harinathpv@aCubeNow.com.
If You have any questions regarding the Service, please contact Company at harinathpv@aCubeNow.com or reach out to our service care number.
Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to your email address, contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.