Membership Terms & Conditions

By accessing or using WORQ’s (“Service Provider“) services in any way, you agree to be bound by these Terms and Conditions (“T&C“), our Rules and Regulations and our Privacy Policy which is available at https://worq.space/privacy-policy/.

1. You acknowledge and agree that the Service Provider reserve the right, from time to time, to make modification, deletions or additions to this T&C.
2. By selecting the Service Provider’s Membership Plans (as herein defined), you agree and consent that this T&C constitutes an agreement between you and the Service Provider.
3. All terms and references used in this T&C and which are defined and construed in your Membership Plans respectively but are not defined or construed in this T&C shall have the same meaning and construction as per your Membership Plans.

1. IDENTIFICATION & AUTHORIZATION

You warrant and represent that your Personal Details and Contact Details in relation to your identity is accurate, precise and complete; and agree, if upon any request at any time by the Service Provider, to present a valid, government-issued photo identification for verification purposes. You agree that, in any event you are the authorized representative of an individual, agent, sole proprietor, company, or entity; you have obtained the lawful authority via written authorization or consent from such individual, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to the Service Provider.

2. SERVICES

Following your Membership Plan, you will be accorded enjoyment of services subject to these T&C. You agree that references to “Services” means you access and use of space (“Space“) at the Center. Your choices of Membership Plans are as follows:

1. Virtual Office Plan; or
2. Hot Desk Plan : a flexible choice of any available working desk space in an open area shared with other members at the Center; or
3. Full Membership Plan- Dedicated Desk membership plan: an assigned desk space in an open area shared with other members at the Center; or
4. Meeting Rooms and Event Space Plan; or
5. Day Passes Plan.

Following your choice of plans, you will be provided Membership Benefits of which the Service Provider may at its absolute discretion consider necessary to provide to you.

3. USAGE OF SERVICES & ADDITIONAL SERVICES

3.1 Compliance

1. You agree to observe, adhere and comply strictly with this T&C, including all warranties, representations, instructions, whether express or implied and the terms of Privacy Notice and Rules of Regulations of the Service Provider.
2. You agree to observe, adhere and comply strictly with house rules governing your expected behaviour at the Center (“House Rules“). The House Rules is available for inspection at the Center and you acknowledge and agree that the House Rules may be revised from time to time. In general, you agree to not perform or cause to perform, do or cause to do any act that is or potentially will be disruptive, damaging or dangerous to the Service Provider, other members of the Service Provider, agents, guests, or any parties of the foregoing.
3. You agree that there are some Services which may be subjected to additional guidelines, terms, conditions and/or rules, which will otherwise be communicated via any reasonable means by the Service Provider to you.

3.2 Availability

1. The Service Provider will use commercially reasonable efforts to provide you the Services and the Membership Benefits to you from time to time during the Term.
2. You understand that if you are unable to peruse the Services due to any reasons whatsoever including
   1. construction and/or renovation plans,
   2. difficulty in procuring any permits or permission necessary, or
   3. any disruptions, delays, emergency and/or any unforeseen events, you cannot challenge the validity of this T&C and/or make any request, claim or demand against the Service Provider for compensation or any other demand.

3.3 Modification

You acknowledge and agree that the Service Provider reserves its sole and absolute discretion to change, modify, amend, delete, add, and/or update any and all terms of Services, the Membership Plans, and the Membership Benefits including fee rates, payment method, payment obligations at any time, from time to time; and such changes, modifications, amendments, deletion, addition and/or updates will be duly communicated to you via any reasonable means at the discretion of the Service Provider and such changes, modifications, amendments, deletion, addition and/or updates shall take effect immediately upon such notice.

3.4 Accessibility

1. The Services are accessible during hours as stated in your Membership Plan.
2. You acknowledge and agree that the Service Provider reserves the right to regularly record video of areas of the Center, at all time including Regular Business Hours for security purposes.

4. DEPOSIT

1. You may be required to pay a refundable Deposit of amount as stated in your Membership Plan (“Membership Deposit“).
2. You shall be refunded the Membership Deposit upon expiry of the Term except for circumstances in subsection (c) below.
3. You acknowledge and agree that this Membership Deposit shall without prejudice to the Service Provider’s other rights in law, be forfeited to the Service Provider in the event:
   1. of any late or non-payment of Membership Fee (as herein defined);
   2. of theft, damage or loss of any Access Device;
   3. usage of the Access Device is not in line with this T&C;
   4. of damage or loss of any furniture, fixtures and fittings at the Center; or
   5. of this T&C being terminated for any reasons whatsoever not due to the fault of the Service Provider including to a breach of any warranty or representations set forth in this T&C and any material and immaterial breach of terms and conditions of the Rules & Regulations and/or House Rules as may be determined from time to time by the Service Provider.

5. MEMBERSHIP FEES

1. During the Term of your Membership Plan, you are required to pay to the Service Provider your recurring and/or non-recurring Membership Fee stipulated in your Membership Plan and (if applicable) any additional fee, subject to any relevant GST charges (if applicable) on the 1st Business Day of each month.
2. You must conclude payment for subsection (d) not later a grace period of seven (7) Business days after the 1st Business Day of each month, failure which, your Membership Plan will be terminated.
3. All Membership Fee are non-refundable for any reason whatsoever.
4. All Fees must be paid in the currency of Ringgit Malaysia or in other currency as may be agreed by the Service Provider.
5. For avoidance of doubt, you acknowledge that all payment to the Service Provider is subject to GST charges applicable from time to time.

6. TERM

This T&C will be effective starting from the Start Date and shall remain valid and legally enforceable throughout the term of your Membership Plan unless terminated in accordance to this T&C (“Term“). If you wish to extend your Term of your Membership Plan, you must provide at least one (1) month written notice to the Service Provider.

7. DEFAULT & TERMINATION

This T&C is an agreement and shall continue in force and effect until and unless otherwise terminated by either parties according to this T&C.

8. DEFAULT

Default will occur in the event of:

1. any breach on payment of Consideration as per clause 4 above; or
2. you failing, or if the Service Provider suspects for any reason whatsoever, that you fail to observe and comply with any of the provisions of this T&C; or
3. any reasons whatsoever not due to the fault of the Service Provider including to a breach of any warranty or representations set forth in this T&C and any material and immaterial breach of terms and conditions of the Rules & Regulations and/or House Rules as may be determined from time to time by the Service Provider; or
4. any breach of oral representations mutually agreed by the parties (if any), or
5. for any reason whatsoever attributable to you which is deemed not in the best commercial interest by the Service Provider,

the Service Provider will then be given an option to terminate your Membership Plan, and/or restrict your access into the Center and/or discontinue your Membership and/or decline to provide any Services or Membership Benefits to you.

9. PARTIES’ OBLIGATIONS POST- TERMINATION/EXPIRY

Default will occur in the event of:

1. You agree that no payment in whatsoever amount is refundable and the Service Provider may exercise their rights and obligations to collect any Fee owing; and
2. You shall return all properties of the Service Provider, including all Access Device(s) (if any); and
3. You shall remove all the Member’s property, and (if any) your Affiliates’ (as herein defined) property at the Center, including locker rooms, cupboards, drawers at the Center; and upon reasonable notice, the Service Provider reserves the right to dispose of any property remaining at the Center.

10. INDEMNITY

Without prejudice to any other rights and remedies which the Service Provider may have under this T&C and in law, you and your employers, employees, agents, independent contractors, sole proprietor, assignees, invitees, guests, affiliates; and in the event you are a Company, your parent holding company and subsidiaries of the parent company, its subsidiaries, directors, shareholders, employers, employees, agents, independent contractors, sole proprietor, assignees, affiliates (“Affiliates“) undertake to indemnify and hold harmless WORQ on full cost basis against all and any claims, liabilities, suits, litigation, proceedings, prosecutions, fines, penalties, damages, deficiencies, losses, costs, and expenses, special, incidental, exemplary, punitive or monetary damages, loss of profits, expectation or reliance loss, which may be brought, instituted or imposed, direct and indirect regardless on the form of action, whether in contract, tort, specific performance or otherwise (collectively hereinafter “Cause of Action”) on WORQ or which may be suffered or sustained by WORQ as a result or in connection to any breach of any warranties, representations and agreements made by you herein. You undertake to indemnify and hold harmless of WORQ against all and any Causes of Action initiated from the usage of the Services including but not limited to physical damages on the property, physical injuries, food poisoning, loss or theft of intellectual property, loss or damage of data from electricity outage, door access problems, software, non-functioning or air-conditioner and non- functioning of lights. You agree to indemnify WORQ against any damage, liability, loss, cost and expenses incurred by any persons, guests or strangers who was brought into the Center by you and you shall not provide any authorization, consent, instructions, undertaking or settlement that requires a material act or admission by WORQ without prior written consent of an authorised personnel of WORQ; and you hereby indemnify and hold harmless WORQ against such authorization, consent, instruction, undertaking or settlement.

11. UNDERTAKING AND WARRANTY BY YOU

You hereby undertake, warrant and agree that:

1. the person executing this Agreement on its behalf shall have all necessary approval and authorization to do so;
2. you shall promptly and punctually pay the Fees and/or Additional Fees hereby reserved on the days and in the manner aforesaid whether or not formally or legally demanded and free from all deductions, counter-claims and set-off;
3. you shall strictly comply with all the terms of this Agreement and ensure that all person selected by you (which includes your directors, employees, visitors and invitees) to enjoy the selected Services and/or who are invited by you to be at the Center shall strictly comply with all the terms of this Agreement;
4. you shall not do (or permit to remain upon the Center) anything which may be or become or cause a nuisance, annoyance, disturbance, inconvenience, injury or damage to or give cause for a reasonable complaint from the Landlord, WORQ, local or government authorities, other members at the Center or other occupants at the adjoining or neighboring properties of the Center;
5. you shall obtain, at its own expenses, all necessary licenses, permits and approvals from the local and government authorities for the business activities to be carried by you at the Center;
6. you shall not use any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) for a sale by auction or for any dangerous, noxious, noisy or offensive trade or business, nor for any illegal or immoral act or for any business or trades which emit, accumulate and disseminate any unpleasant odour or which accumulate dirt or cause nuisance to the general public, other members at the Center and/or other occupants at the adjoining or neighboring properties of the Center, or as a retail sales shop, or for public entertainment and or amusement or which involves gambling in any form or as a massage parlour, funeral parlour or death house or a place for religious services of any nature whatsoever and any kinds of business related thereto or for any business or trade which infringes or violates the trademarks, copyrights, patents, trade secrets, trade name, logo,  invention, registered and unregistered design rights,  database, database rights and  or any intellectual proprietary rights of any third party or parties;
7. save and except for ordinary use an office working space, you shall not use any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) for any reason whatsoever calculated to materially affect adversely the interest of the Landlord or WORQ and shall always observe such restrictions on the use of any space within the Center which WORQ may deem fit to impose or for any other businesses deemed by the WORQ to be offensive or detrimental to the nature or character of any space within the Center;
8. you shall not store or use, or burn or bring upon any part of the Demised Premises arms, ammunition, or unlawful goods, incense, alter, oil lamps joss sticks, gunpowder, kerosene, saltpeter, chemicals, gases or any explosive, combustible or hazardous substance or material;
9. you shall not use or permit or suffer the use of any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) for the sole purpose of storing of any goods or merchandise only or as a laboratory or repaired workshop;
10. you shall keep the Center securely fastened and locked at all times and shall only be accessible by your authorized person or invitees only and do not allow any unknown and/or unauthorized person who does not have access to the Center to enter the Center and not to allow any person to smoke or vape at the Center and not to use any space within the Center for residential purposes;
11. you shall not tout or solicit or permit your directors, employees, agents, visitors or invitees to tout or solicit or to use freelance touts in the Center or at the common area of the building in which the Center is located;
12. you shall not do or permit to be done on any space within the Center any act which will or may infringe any of the laws, by-laws or regulations made by the government of Malaysia, local council or any other competent authority affecting the building in which the Center is located in;
13. you shall not to bring store or to permit or suffer to be brought or stored in any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) any goods which in the reasonable opinion of the WORQ are of a dangerous or hazardous nature;
14. you shall not install or caused to be installed or store  items that are deemed highly valuable (such as gold bars or jewellery) or items that require special attention or specific care or condition (such as temperature sensitive inventory) in any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) any heavy equipment, high performance server, or electrical appliances consuming high voltage or worth more than RM10,000 (including, but not limited to, data center equipment or crypto currency mining equipment) without the prior written consent of WORQ and WORQ has the right to disapprove your request and/or impose surcharge for the presence of these items.;
15. you shall not use or permit in any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) to be used for the storage or cooking of food, whether for consumption at the Center or not provided that nothing herein contained shall prohibit the preparation and serving of beverages (hot and cold) for consumption at the Center;
16. you shall comply with all rules and regulations imposed by the Landlord or the management of the building in which the Center is located in relation to the use of escalators or lifts for the carriage or conveyance of any goods merchandise equipment or furniture;
17. you shall not permit to be brought, placed, installed or affixed in any space within the Center (whether or not such space has been specifically allocated for exclusive use by you) any cable, internet or telecommunication connection, audio/visual equipment including but without limiting, television, radio, video and stereo equipment, aerial, (save for any audio/visual equipment for the personal use or enjoyment of you and your directors, employees, visitors and invitees subject always that the same or volume thereof shall not cause a disturbance or nuisance to any other member of the Center), air conditioners or fans without the prior written approval of WORQ in its absolute discretion;
18. you shall keep all space within the Center (whether or not such space has been specifically allocated for exclusive use by you) reasonably clean and hygienic and tidy and at a standard acceptable to the WORQ and the Landlord and acting reasonably and to keep all pipes, drains, basins, sinks and water closets if any in the Center reasonably clean and unblocked;
19. you shall comply with all statutory provisions and all rules and regulations made under any statutes, subsidiary legislation or such bylaws or House Rules in respect of the sanitary arrangement hygiene health or cleanliness of the Center;
20. you shall keep the Center free of pets, pests, rodents, vermin, animals, birds and insects and shall not bring into the Center any animals or pets or insects of any kind;
21. you shall not cause any on obstruction in any space in the Center (except in the compound of such space that has been specifically allocated for exclusive use by you) or encroach into space that has been specifically allocated for exclusive use by other members;
22. in the in the event you shall be aware or ought to be aware of any infectious diseases, viruses or illnesses which arise in or about the Center or from the Center, you shall immediately notify WORQ in writing and WORQ shall immediately fumigate and disinfect thoroughly the affected space at the Center at the expenses of you in accordance with the direction and/or instruction from the Landlord or the relevant government or local authorities so as to ensure that the infectious diseases or illness is contained within the Center;
23. you shall keep the interior of the Center, the flooring and interior plaster or other surface material or rendering on walls and ceilings and WORQ’s furniture and fittings therein including doors, windows, wires, installations, equipment and fittings in good and tenantable repair and condition (fair wear and tear excepted);
24. you shall not interfere or attempt to control any part of the fire alarm system, sprinkler systems, escalators, air-conditioning equipment, machinery or equipment which have been installed by WORQ or the Landlord at the Centre or any part of the building in which the Center is located in;
25. in the event any part of the Center and/or WORQ’s furniture and fittings has been broken or damaged due to act or omission or negligence of you or any of your directors, employees, agents, visitors or invitees, you shall be liable and responsible to replace or repair the same and further, you shall be responsible for any injury or loss caused to WORQ or any other persons through the damaged condition of any part of the Center and/or WORQ’s furniture and fittings therein and you shall fully indemnify WORQ  against all claims demands actions and legal proceedings whatsoever made upon the WORQ and/or the Landlord by any person and further indemnify WORQ and/or the Landlord in the event of any damage caused thereto by your breach of this undertaking herein;
26. you shall take reasonable good care of all parts at the Center and shall not make or permit to be made any alterations in or additions to any part of the space within the Center (whether or not such space has been specifically allocated for exclusive use by you) or to any of WORQ’s furniture and fittings without prior written consent from WORQ;
27. you shall not shall not affix or install any further or additional electrical point socket plugs or electrical power points or electrical motor or cable, internet or telecommunication connection or engine or appliance in any part of the space within the Center (whether or not such space has been specifically allocated for exclusive use by you) without the prior written consent of the WORQ and the relevant authorities and provided further that if such consent is given all such work shall be carried out by a licensed electrical contractor to be employed and paid by you who shall ensure as part of the work that the existing circuits are not overloaded or unbalanced;
28. you shall not in any way damage or deface any floor, ceiling, wall partition or any part of the Center (fair wear and tear excepted);
29. provided that your use of the Services and/or Additional Services shall not be unreasonable interrupted save in the case of emergency or issues that are beyond the control of WORQ, you shall permit WORQ and/or the Landlord and/or their respective agents or person authorized by them to enter the space occupied by you at the Center to do such upgrading, retrofitting, repairs or other works which WORQ and/or the Landlord may consider desirable, including, without prejudice to the generality of the foregoing, laying or fixing all pipes ducts wires cables and other apparatus for water gas sewerage air-conditioning and electricity as WORQ and/or the Landlord may from time to time require for the general purposes of maintenance of the Center;
30. you warrant that it has right to use the trade or business name of its business that will be operating at the Center and you hereby agree and authorize WORQ to use and insert your trade or business name as one of the clients of WORQ and/or as occupant of the Center for promotion and marketing purpose and you shall indemnify WORQ against any infringement of tradename, copyright, patent or any other intellectual property rights which may occur due to any breach of this warranty by you;
31. you shall not use the trade or business name of WORQ for any purpose without prior written consent of WORQ, save and except that the use of the trade or business name of WORQ is for the purpose of identification of the Center as part of your address in the profile or website and you shall not do any act or omission that may infringe any of the intellectual property rights of WORQ or that may adversely affect the value of the trade or business name of WORQ;
32. you shall not affix or cause to be affixed any alarm system door bells hidden cameras or any other devices within any space inside or outside of the Center, save and except within the such space that has been specifically allocated for exclusive use by you, without first obtaining the written permission of WORQ, and in the event of a such breach, WORQ shall have the right to cause the same to be removed and all such expenses shall be borne by you;
33. you shall not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the Center or the building in which the Center is located against loss or damage by fire or other risks may be rendered void or voidable or whereby the rate of premium thereon may be increased; and
34. you shall, at its own expense, to insure and keep insured your property goods and equipment against any claims losses liabilities or other risks and in the event that you fail and/or refuse to purchase such insurance, you agree that WORQ shall not be held liable for any loss suffered by you for any damage or loss on its goods and equipment at the Center.

12. DISCLAIMER

Services are provided at a “as is where is” basis and WORQ disclaim all conditions and warranties, express and/or implied, with respect to

1. Services, including but not limited to representations, by any means, as to the availability, accessibility, operation, performance of Services, or any other products or services accessed via the Services;
2. Commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement, any implied terms and warranties of Services; and
3. Indemnification arising from course of dealing, course of performance or trade in connection with this T&C.

13. PERSONAL DATA PROTECTION ACT (“PDPA”)

The Service Provider will process and may disclose personal data including sensitive personal data (as defined in PDPA) relating to you and your Affiliates, and you consent to the processing and disclosure of such data. You agree to keep the Service Provider informed of any changes to the data at all material times. In any event, should such necessity arises to obtaining consent, authorization or permission of any of your Affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in PDPA), such consent, authorization or permission is deemed to have been obtained by you unless communicated otherwise to the Service Provider.

14. CONFIDENTIALITY

You shall also keep confidential and not disclose or make use of any part of the Service Provider’s Intellectual Property Rights or the Service Provider’s Know-How or any other confidential information relating to the Services provided by the Service Provider (except to the extent that the Service Provider’s Know-How or any part thereof has come into the public domain otherwise than through unauthorised disclosure by you).

“Intellectual Property Rights” means all applicable rights, title, interests and benefits thereto including, without limitation, patents, copyrights, trademarks, trade secrets, trade name, logo, patent, invention, registered and unregistered design rights, copyrights, database, database rights and all other similar intellectual property rights including, without limitation, all copies, customisation, modifications, enhancements, versions, reproductions or translations of WORQ.

“Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, test, results, procedures, project reports and testing procedures, instructions, training manual, market forecast, and list of particulars of potential competitors, suppliers and members.

15. CONTACT

The Service Provider can be contacted at Unit 3A.01a, Floor 3a, Glo Damansara, No. 699 Jalan Damansara, 60000 Kuala Lumpur, Malaysia.

16. NATURE OF T&C

Nothing in this T&C shall be construed as creating a landlord-tenant, lessor-lessee or partnership. Nothing in this T&C shall be construed as granting to you or your Affiliates any title, easement, lien, possession or related rights, tenancy interest, leasehold estate or any property interest at the Center, Space or Services and the parties agree throughout the Term and upon termination of expiration of this T&C, whichever later, the Space always remain the property of the Service Provider.

17. SUCCESSORS & ASSIGNS

This T&C shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title, permitted assigns or affiliates, as the case may be, of the parties but shall not be assignable by any party without the prior written consent of the other.

18. VARIATION

A variation of this T&C must be in writing and signed by the Service Provider or by persons authorised to sign for them.

19. AMENDMENTS & ADDITIONS

No amendment, variation, revocation, cancellation, substitution or waiver of, or addition or supplement to, any of the provisions of this T&C shall be effective unless it is consented in writing by the Service Provider.

20. INVALIDITY & SEVERABILITY

If any provision of this T&C is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then-

1. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
2. the remaining provisions of this T&C shall remain in full force and effect; and
3. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

21. WAIVER

A party waives any right under this T&C only if it does so in writing. A party does not waive any right simply because it –

1. Fails to exercise the right;
2. Delays exercising the right; or
3. Only exercises part of the right.

A waiver of one breach of a term of this T&C does not operate as a waiver of another breach of the same term or any other term.

22. FURTHER ACTION

Each party must promptly sign any document and do anything else that is necessary or reasonably requested by the other party to give full effect to this T&C.

23. KNOWLEDGE & ACQUIESCENCE

Knowledge or acquiescence by any party of, or in, any breach of any of the provisions of this T&C shall not operate as, or be deemed to be, a waiver of such provisions and, notwithstanding such knowledge or acquiescence, such party shall remain entitled to exercise its rights and remedies under this T&C, and at law, and to require strict performance of all of the provisions of this T&C.

24. LAW

This T&C is governed by, and construed in accordance with, the laws of Malaysia.

25. HOUSE RULES & COWORKING ETIQUETTE

For updated house rules please refer here.