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.
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:
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.
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.
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.
Default will occur in the event of:
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.
Default will occur in the event of:
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.
Services are provided at a “as is where is” basis and WORQ disclaim all conditions and warranties, express and/or implied, with respect to
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.
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.
The Service Provider can be contacted at Unit 3A.01a, Floor 3a, Glo Damansara, No. 699 Jalan Damansara, 60000 Kuala Lumpur, Malaysia.
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.
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.
A variation of this T&C must be in writing and signed by the Service Provider or by persons authorised to sign for them.
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.
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-
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 –
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.
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.
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.
This T&C is governed by, and construed in accordance with, the laws of Malaysia.
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