INDIVIDUAL Terms and Conditions

Please take your time and read THE DRIVERY CLUB CODE and our GENERAL TERMS AND CONDITIONS carefully. Buy joining THE DRIVERY you agree to both our CLUB CODE and our GENERAL TERMS AND CONDITIONS.


A) THE DRIVERY CLUB CODE

1. Preamble

The fundamental principle of our club is trust and mutual respect. Please treat other members and the club in the same way you expect to be treated.

2. Access / Access Drivery-In

Your access rights during opening hours deduce from your membership tariff and are managed by your app. Please keep doors always closed and do not block them.

3. Visitors

Please register any visitors at the desk in the Inception Area. You may register a maximum of 5 visitors per day.

4. Smoking

Within The Drivery as well as the whole building smoking is strictly prohibited. You can find dedicated smoking areas in the outside.

5. Noise

Please avoid unnecessary noise within the community areas and switch your mobile devices to silent.

6. Catering Areas

Our catering areas are available to all of our members. Please treat the resources responsibly and leave them clean and tidy and put any used dishes into the automatic dishwasher. Our fridges are cleaned and emptied each week on Friday. Please remove any stored provisions in advance.

7. Lockers / Security / Privacy

Our lockers are available to members and visitors temporary during our opening hours. The lockers are being opened at the end of each day and any remaining items transferred to the information desk where they can be picked up.

Please keep in mind that within The Drivery you are responsible for your property by yourself. We do not accept any responsibility for loss or theft.

Please respect other member’s and guest’s property and do not displace it on your own. Do not take unauthorized insight into other members work material.

8. Decoration / Furniture

We gladly encourage your creativity. Please check with our staff prior to decorating your workspace or office. Please do not displace furniture within the community areas.

9. Advertising / PR

Please do not spread advertising material within the club. For a temporary display of advertising and PR material the show room and the flyer display are available upon request. Please inquire at the information desk.

10. Pets / Plants

Pets and plants are welcome. Please always ensure other members do not feel disturbed.

11. Damage / Malfunction

Should you notice any damage or malfunction within the club, please do not hesitate to contact our staff immediately so we can take care of. 



B) GENERAL TERMS AND CONDITIONS

1. Scope

All services provided by The Drivery GmbH (subsequently “The Drivery”) to the contracting partner are provided exclusively on the basis of the following terms and conditions (hereinafter “GTC”). Deviating provisions, in particular terms and conditions of contractual partners, shall only apply if they have been expressly confirmed by The Drivery in writing prior to the conclusion of the contract. This also applies if The Drivery has not objected the terms and conditions of the contractual partners in individual cases.

2. THE DRIVERY CLUB CODEX

The Drivery has the right to issue general rules of conduct on the premises of The Drivery. These provisions become an integral part of this agreement and are attached in the current version.

3. Liability / Personal Property

3.1. The Drivery’s liability towards the contractual partner within the scope of this agreement is limited to intent or gross negligence. This limitation of liability also applies to actions by The Drivery’s vicarious agents. The liability is limited to the performance fees paid in the year of damage. This claim for damage is limited to typical contractual damages. This limitation does not apply in case of injury to life, body and health.

3.2. Any damage for which The Drivery may be held liable for must be reported by the other party without delay. Unless otherwise stipulated by law, the limitation period shall be 1 year after the occurrence of the damage.

4. Data Protection

Both contracting parties are obliged to comply with data protection regulation. Special regulations within the scope of the provision of the services are made by the contracting parties in a separate agreement.

5. General

5.1. Services provided on the basis of this agreement shall also be provided by The Drivery to competitors of the contracting party and no exclusivity shall be granted. The contracting parties declare to comply with the provisions of the Act on Competition Restrictions and Art. 101 AEUV. In particular, the contracting parties will not use the cooperation under this agreement or in connection with the performance of this agreement to violate or assist in violation of the antitrust prohibition. The contracting party undertakes not to share any competition relevant information with competitors with whom he comes into contact under this agreement or in connection with the provision of services under this agreement. The Drivery undertakes not to pass on to third parties any competition relevant information of the contractual partner.

5.2. The Drivery is entitled to name the contracting party as reference in marketing activities. The contracting party hereby grants The Drivery the right to use his images, logos and/or signage for global marketing activities involving any media without limitations with respect to intensity and duration free of charge. The contracting party may revoke this permission at any time.

5.3. If any of the provisions of this GTC or any further agreement is or becomes invalid, the remaining provisions of the contract shall remain effective. In lieu of the ineffective provision, the parties shall agree upon a provision which comes as close as possible to the economic outcome of the invalid provision.

5.4. Place of jurisdiction for all legal disputes arising from the contractual relation shall be Berlin.



Cobot Terms and Conditions

Cobot is the web platform used by THE DRIVERY to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.

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