TERMS 0F USE
Please find below the TERMS OF USE for MIX Coworking. Mix Coworking may be referred to as ‘We’ and ‘Us’.
Mix Coworking is a Limited Liability Company registered in the Republic of Ireland under CRO number 719472 and with a registered office at 8 Wolfe Tone Street, Clonakilty, P85 Y243.
1. Acceptance of Terms
The services MIX Coworking provides to you are strictly subject to the following Terms of Use. We reserve the right to update the Terms of Use at any time. We will endeavour to
communicate significant changes to all users of the Service.
2. Description of Services
MIX Coworking provides you with the use of an office address, the use of an office desk,
internet access, office equipment, phone booths, meeting spaces, knowledge resources, and other services that we may provide from time to time (collectively, “Services”). The Services at all times are subject to the Terms of Use.
No landlord tenant relationship is created by these Terms of Use.
3. No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Mix
Coworking network, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to the MIX Coworking network or to any of
the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You represent and warrant that you
have all requisite legal power and authority to enter into and abide by the terms and conditions of this Terms of Use and no further authorization or approval is necessary. You represent and warrant that your 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 you are a party.
4. Use of Services
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Mix Coworking network and Mix Coworking spaces;
d. Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
f. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots,
corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Harvest or otherwise collect information about others, including email addresses,
without the authorization or consent of the disclosing party.
5. Security
a. You agree that you will observe the quiet enjoyment and normal use of MIX Coworking at all times and not damage or deface the building or its fixtures fittings, decor and furnishings.
b. You will not compromise the building security or the security of the spaces and will ensure that all reasonable measures are taken to safeguard MIX Coworking, occupants and the occupant’s possessions.
c. Under no circumstances should keys, access codes, alarm codes or any other means of
access be shared with third parties. Any such request must be referred to MIX Coworking and can only be carried out by Us.
d. You will be invoiced for any damage caused by you if any such accidental damage occurs.
e. Private Pod users are responsible for the security and locking of their own pod. We may enter your private space with a key if any of the following occur: a light has been left on, a monitor / screen has been left on, the bin is full, there are empty cups left on the desk, the heating has been left on, or for any reason We see as reasonable in order to run the Services efficiently.
6. Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall MIX Coworking or its subsidiaries (whether or not whollyowned), affiliates, divisions, and their past, present and future officers, 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 MIX Coworking, and even if MIX Coworking has been advised of the possibility of such damages.
7. Indemnity
You agree to indemnify MIX Coworking and MIX Coworkingʼs 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 by you or any invitee or client of yours who attends at our premises.
Furthermore as our Insurance clause herein states, your contents and personal possessions are not at any time covered for loss whilst on our premises. We accept no liability for losses to your contents or personal equipment whilst on the premises. Note that we provide security lockers for your use at any time.
8. Terms of Payment
Payment must be made upon receipt of invoice unless paying direct debit. If paying by direct debit then payment will be automatically taken on the invoice due date.
a. The payment provider that we use for credit and debit card payments is Stripe. The
security pages of Stripe offer additional details around the processing of payments and
security at https://stripe.com/docs/security.
b. The payment processor we use for direct debit mandates is GoCardless. The
guide pages of GoCardless offer information around your Direct Debit Gaurantee and Security: https://gocardless.com/guides/posts/dd-guarantee-in-plain-english/
9. Termination Clause
Should you breach any of the Terms of Use noted herein or fail to pay the payment fees we can suspend your use of the Services.
10. Insurance
MIX Coworking carries Public Liability insurance. The MIX Coworking insurance policy does not include coverage for your equipment whilst on site and whilst you are using the Services at MIX Coworking. Note that we provide security lockers in the upstairs workspace area for your use at any time.
Whilst not required, we advise that you carry an insurance policy to cover your own equipment whilst using the Services at MIX Coworking. That policy may cover your residence, office, as well as the premises of MIX Coworking.
11. Severability
In the event that any provision or portion of this Terms of Use is determined to be invalid,
illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this
Terms of Use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
12. Agreement
This is an agreement to use the Services provided by MIX Coworking. This agreement is not a Lease or Sub-Lease and does not confer any rights to property or buildings used by MIX Coworking. It is agreed by both parties that no landlord tenant relationship whatsoever exists by you entering into this agreement with us.
13. Force Majeure
Force Majeure being circumstances beyond a Party’s control, including acts of God, pandemics, terrorism, war, civil unrest, strike, lock out or other industrial action (other than strikes, lock outs and labour disputes caused by the delaying Party, its employees or sub-contractors for which the delaying Party shall be responsible).
Neither you nor us shall be liable for any delay or failure in the performance of its obligations under these Terms of Use if such delay or failure is due to an event of Force Majeure. If an event of Force Majeure occurs, the delaying Party shall be entitled to an extension of time for so long as the Force Majeure persists on condition that: it promptly notifies the other Party (“Unaffected Party”) of the occurrence of the Force Majeure event; it discusses with the Unaffected Party possible action to be taken to overcome the effect of the Force Majeure; and it uses all reasonable endeavours to overcome the Force Majeure event. If the Force Majeure event persists for a period of thirty (30) days or more, the Unaffected Party may give notice to the other Party to terminate this Agreement with effect from a date specified in the notice without penalty or other liability.
14. Governing Law
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of the Republic of Ireland. The Parties irrevocably agree that the Irish courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
15. Contact Us
If you have any questions or would like further information, please contact us
by any of the following means.
Email: hello@mixcoworking.ie.
Post: MIX Coworking, 8 Wolfe Tone Street, Clonakilty, P85 Y243, Cork, Ireland
The Terms of Use were last updated on 10 January 2023. These Terms of Use are agreed to by way of a tick box when creating Your first booking and / or login with our chosen booking system, Skedda.