Upflex & Priority Pass Partnership Terms of Service
LAST UPDATED: 9 May 2023
Terms of Service
USER TERMS OF SERVICE
Our Service enables individuals and/or companies (“Guests”, “you” or “Users”) to book on-demand workspaces, which include desks, meeting rooms, and individual offices (collectively, “Spaces”) for use through the Upflex Platform on the Upflex website located at https://upflex.com/ (the “Site”) or through our Upflex mobile application (the “Mobile App”). All Spaces listed on the Upflex Platform are owned and operated by independent third parties (“Space Partners”).
These terms and conditions (these “Terms of Service”) govern your use of the Site and the Mobile Application, and all associated services (together with the Site and the Mobile Application, the “Service”) made available by Upflex, Inc. (“us”, “we”, or “Upflex”). By accessing, using, or participating in the Service, you (“you” or the “User”) agree to be bound by these Terms of Service. Please read them carefully.
Additional terms may apply to your use of a specific Upflex Service. These additional terms will be available with the relevant Upflex Service and will become part of your agreement with us if you use that Service. Any conflict between these Terms of Service and any additional terms, these Terms of Service will govern. As Upflex is an aggregator of third-party Spaces, the terms including local house rules of the particular space will be additional terms that apply to use of the space for that booking. If there are any conflicts between Upflex Terms of Service and the Space Partners' specific terms, the latter will govern.
Upflex may change these Terms of Service from time to time. Changes will be effective when Upflex posts updated Terms of Service at this location. Upflex shall provide notice of any changes to the User Term of Service. Your continued access or use of the Service after such posting confirms your consent to be bound by the updated Terms of Service. If you do not agree to abide by these Terms of Service, you are not authorized to use the Service.
These Terms of Service require the use of arbitration to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
ELIGIBILITY
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Service and/or register an Upflex Account. By accessing or using the Service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
ACCOUNT REGISTRATION
In order to use certain features of the Service, you must register for an account (“Upflex Account”) and provide information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) that you are not located in a country that is subject to U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country.
If you are registering an Upflex Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant Upflex all permissions and licenses provided in these Terms of Service.
Each individual User may not register more than one Upflex Account unless Upflex authorizes you to do so. You are responsible for maintaining the confidentiality of your Upflex Account login information and are fully responsible for all activities that occur under your Upflex Account.
You may delete your Upflex Account at any time, for any reason, by following the instructions on our Site or within the Mobile Application.
By registering an account, you agree to be bound by these Terms of Service.
GUESTS AND FEES
Users may purchase access to a Space through the Service. Details about purchasing access to a Space are available under “Pricing” on the Site or the Mobile Application. Fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Service.
Use of the Service and all Spaces by Guests is governed by the “Guest Code of Conduct” set forth below.
Upflex reserves the right to change its pricing and access options for Spaces in its sole discretion.
SPACE LISTINGS
Upflex does not guarantee (a) the existence, quality, safety, suitability, or legality of any Space; (b) the accuracy of any Space listing, ratings, reviews, or other User Content; or (c) the performance or conduct of any User and/or third party. Upflex does not endorse any User, Guests, Space Partners, or Spaces.
CHANGES, CANCELLATIONS, AND REFUNDS
Space Partners and Guests are responsible for any changes to a booking that they make through the Service. Guests can cancel an accepted booking at any time. If a Guest cancels an accepted booking at least 24 hours in advance, Upflex will refund any applicable fees. If a Guest cancels an accepted booking less than 24 hours in advance, there will be no refund of applicable fees.
RATINGS AND REVIEWS
Within a certain time frame after completing a Space booking, Guests and Space Partners may submit a public review and rating about the other party. Ratings and reviews must be accurate and may not contain any offensive or defamatory language.
USER CONTENT
Upflex may enable Users to create, upload, post, send, receive, and store content on or through the Service (“User Content”). You are solely responsible for all User Content that you make available on or through the Service. User Content must not infringe, misappropriate or violate a third party’s rights.
TRADEMARKS
Our name, the Upflex logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Upflex. You must not use such marks without our prior written permission.
COPYRIGHT POLICY
Upflex respects the intellectual property of others and requests that those that use our Service do the same. If you believe that one of our users is unlawfully infringing the copyright(s) in a work, please provide the designated copyright agent with the required information.
PROHIBITED ACTIVITIES
You will not:
- Use the Service or Collective Content for any commercial or other purposes that are not expressly permitted.
- Copy, store, or otherwise access or use any information about any other User inconsistently with our Privacy Policy.
- Request, make, or accept a booking of a Space independent of the Service.
- Use the Service to engage in any harassing or discriminatory behavior towards any individual or group.
TERMINATION AND SUSPENSION
Upflex may suspend or terminate your access to the Service at any time for any reason, including for any use of the Service in violation of these Terms of Service. You may delete your Upflex Account at any time.
GUEST CODE OF CONDUCT
All Guests visiting any Space booked through Upflex must adhere to the Upflex Code of Conduct:
- Respect the Space rules and others in the Space.
- Clean up after yourself.
- Keep social interaction to a minimum in working areas.
- Use the Space safely and legally.
DISCLAIMERS
If you choose to use the Service, you do so voluntarily and at your risk. The Service is provided on an “as is” and “as available basis”, and Upflex expressly disclaims all warranties.
LIMITATION OF LIABILITY
Upflex is not responsible for users' actions or for any loss or damages arising from your transactions with other Users.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Upflex from any claims arising out of your violation of these Terms of Service and/or your use of the Service.
ARBITRATION
We may require you to submit disputes arising from these Terms of Service to binding arbitration.
APPLICABLE LAW AND JURISDICTION
These Terms of Service will be interpreted in accordance with the laws of the State of Delaware.
CONTACT US
This Site and Mobile Application are operated by Upflex, Inc. We welcome your comments, questions, or suggestions sent to:
Upflex, Inc
833 Broadway
New York, NY 10003, USA
support@upflex.com