This World's Ours Centre Corp.
This World’s Ours is an inclusive centre in Vancouver providing a safe, social space and a variety of programs for neurodiverse children and families.
Family-friendly co-working and childminding offered Monday - Friday between 9am - 12pm. Co-working space is in the main program area. Office spaces are available on a first come first serve basis, based on availability.
Childminding is for children ages 1-5 years old. Caregivers must remain on site at all times and are responsible for feeding and toileting their child(ren).
Terms and Conditions:
Nestworks shall provide to the Nestworker access to shared workspace, including desk and other work spaces, WiFi internet access, kitchen facilities, and other services (collectively, the “Services”). The Services at all times are subject to the Terms and Conditions (T&C) in this Agreement.
Nestworks reserves the right to update the T&C at any time without notice. Nestworks reserves the right to make modifications at its discretion to this Agreement. Notice will be given at least 30 days in advance of any changes to the Service agreement.
This Agreement is not a lease or any other interest in real property. This Agreement does not create a tenancy but is a prepaid usage license to use the provided amenities on a casual basis.
The Nestworker shall pay to Nestworks for the Services in accordance with the attached Schedule of Fees, as updated from time to time.
Acceptable Use Policy
The Nestworker shall abide by and adhere to all the T&C as updated and in effect, at all times.
No Unlawful or Prohibited Use
The Nestworker shall not use the Services for any purpose that is unlawful (in British Columbia or Canada) or prohibited by these terms, conditions and notices. The Nestworker may not use the Services in any manner that could damage, disable, overburden, or impair any of the Nestworks infrastructure, or interfere with any other party’s use and enjoyment of any Services.
The Nestworker hereby represents and warrants that they have all requisite legal power and authority to enter into and abide by the terms and conditions of this Agreement and no further authorization or approval is necessary. The Nestworker further represents and warrants that their participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which they are a party.
The Nestworker agrees that when participating in or using the Services, they shall not:
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Restrict or inhibit any other user from using and enjoying the Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Service;
Violate any applicable laws or regulations;
Violate the IT Policy (see below);
Store illegal substances;
Use or store toxic substances;
Use Nestworks as your place of residence;
Use the Nestworks’ network or internet connection to conduct activities which are considered criminal acts in British Columbia or Canada (examples: wire fraud, hate mail, etc.);
Not disrupt the normal functioning of the Nestworks’ network by altering it via software (examples: DDOS attacks or any other activity that would result in loss of service) or hardware (cutting cables, damaging routers, etc.);
Initiate outgoing communications (which are tied to the Nestworks IP addresses) which do not comply with CASL so that our IP addresses are not blacklisted from incoming mail servers worldwide. (ie. Don’t use our IP address to send out bulk mail trying to sell cheap Viagra);
Access other Nestworks users’ computer systems or software as a service (SAAS – example: webmail) without their explicit authorization;
Engage in activities that could violate our service agreement with our ISP (Telus). Examples: disseminating materials that violate copyright or intellectual property rights (read - torrents). More info on the Telus AUP here: https://www.telus.com/en/bc/business/support/article/acceptable-use-policy?INTCMP=VAN_aup;
Make unauthorized attempts to collect and/or disclose personal information of other Nestworkers or Nestworks staff;
Make unauthorized attempts to circumvent computer security methods, operating systems or probing for exposures in other systems or networks; and
Leave any personal belongings, including food, at the end of each work period, at Nestworks.
Nestworker is responsible for leaving the licensed space, common spaces, and amenities as found. Repair or replacement as a result of damage to any of these items by the Nestworker will be borne by the Nestworker and are payable upon demand. Nestworks reserves the right to dispose of any goods that are not removed at the end of every use period.
Renewals and Terminations
If the Nestworker fails to adhere to or abide by this Agreement, pay their fees or for any other substantive reason Nestworks, in its sole discretion, may terminate this Agreement by providing 24 hours’ notice to the Nestworker by email. Nestworks shall attempt and use best efforts to resolve the issue prior to termination of this Agreement. If this happens, Nestworks will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorated basis.
Nestworker acknowledges and agrees that during participation in and use of the Services they may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Nestworks or any participant of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature.
Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Nestworks, any analyses, compilations, studies or other documents prepared by Nestworks or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Nestworker participation in and/or use of the Services obligates them to maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties; not to use the Confidential Information in any way directly or indirectly determined to Nestworks or any participant or user of the Services.
All confidential information remains the sole and exclusive property of Nestworks or the respective disclosing party. Nestworker acknowledges and agrees that nothing in this T&C or their participation or use of the Services will be construed as granting any rights to them, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Nestworks or any participant or user of the Services.
Participation in or Use of Services
Nestworker acknowledges that they are participating in or using the Services of their own free will and decision. Nestworker acknowledges that Nestworks does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use of the Services.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Nestworks provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with each Nestworker.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall Nestworks or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Nestworks, and even if Nestworks has been advised of the possibility of such damages.
Limitation of Liability and Remedies
Notwithstanding any damages that Nestworker might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Nestworks or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of T&C and Nestworker’s exclusive remedy for all of the foregoing shall be limited to the lesser of the amount of actual damages incurred by the Nestworker or the total amount that the Nestworker has paid in fees to Nestworks. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Nestworker releases, and hereby agrees to indemnify, defend and save harmless Nestworks and Nestworks’ subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, wilful misconduct and fraud in connection with the participation in or use of the Services. Nestworker further agrees in the event that they bring a claim or lawsuit in violation of this agreement, Nestworker shall be liable for any attorney fees and costs incurred by Nestworks or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of the T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Nestworks carries liability insurance as befitting to protect its interests. Nestworks will not carry contents insurance to protect the property of the Nestworker, and is in no way responsible for any such damages to the Nestworker’s property, or property belonging to agents, officers, trustees and employees of the Nestworker. Further, the Nestworker agrees under this service agreement to hold Nestworks harmless in the event of any damage caused to Nestworkers’ property.
Nestworker agrees to take all reasonable precautions to ensure the security of the building and all spaces within Nestworks. Nestworks is a shared work space that is premised on the spirit of community and neighbourhood watch.
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