Memberships are for a minimum term of two (2) months. After the minimum term, membership is month-to-month. 30 days' notice is required to cancel membership. Billing occurs on the same day of the month your membership started. If you begin your membership on the 29th, 30th or 31st, you thereafter will be billed on the last day of the month. There are no refunds for unused time in a given 30-day period. You may temporarily suspend your membership, but this also requires 30 days' notice, and can only be suspended for a maximum of two (2) weeks.
Single Day Passes are only valid on the date they are booked and are non-refundable. 5- and 10-Day Passes are valid for one (1) year from the date of purchase, and can be used in half-day increments. All passes are non-refundable.
Private Office rentals are for a minimum terms of three (3) months. After the minimum term, renting is month-to-month. 30 days' notice is required to cancel a rental. Billing occurs on the same day each month the application was submitted on. Billing occurs on the same day of the month your rental started. If you begin your first rental period on the 29th, 30th or 31st, you thereafter will be billed on the last day of the month. There are no refunds for unused time in a given 30-day period. You may temporarily suspend your membership, but this also requires 30 days' notice, and can only be suspended for a maximum of two (2) weeks.
Mailbox subscriptions are for a minimum term of twelve (12) months. After the minimum term, renting is month-to-month if on a monthly plan. Annual plans provide additional savings and can not be refunded after the renewal date. 30 days' notice prior to renewal is required to cancel a subscription to a monthly or annual plan. Billing occurs on the same day of the month your membership started. If you begin your first rental period on the 29th, 30th or 31st, you thereafter will be billed on the last day of the month. Subscriptions are non-refundable and cannot be temporarily suspended.
Payments for all reservations must be made in full in advance of the reservation date.
You are liable for any damage or additional cleaning to the room that might occur during your reservation period. If you exceed the time booked in your reservation, you will be charged accordingly as detailed in Section 13 of the Terms of Service below.
Depending on when you request to reschedule or cancel your reservation, you may qualify for a refund or credit. See criteria below.
Cancellation with a refund request 30 days or more prior to the reservation may receive a refund less an 18% administrative fee. (example: $300 - (fee $54) = ($246 refund.) Funds will be returned to the method of payment used for the original reservation, and may require up to 7 days to process.
Credit requests made 7 days or more prior to the reservation may receive a 100% credit (non cash value) for future reservations value within the next year. Pending room availability. There are no fees to reschedule a reservation. Staff will either reserve the room on your behalf if you have a revised date. Alternatively, you will be provided with a coupon code that you can use to book at your convenience.
Cancellation with a refund request between 7 and 29 days prior to the reservation may receive a refund less an 50% administrative fee. (example: $300 - (fee $150) = ($150 refund.) Funds will be returned to the method of payment used for the original reservation, and may require up to 7 days to process.
Credit requests made 2 to 6 days prior to the reservation may receive a credit, less the minimum room charge. (example: $360 – (2-hour mini. of $90) = ($270 credit, noncash value) The credit is valid for future reservations within the next year. Pending room availability. There are no fees to reschedule a reservation. Staff will either reserve the room on your behalf if you have a revised date. Alternatively, you will be provided with a coupon code that you can use to book at your convenience.
(AKA: My ByWard Office)
Last modified: March 15, 2021
Effective date: March 1, 2018
These terms of use (the “Terms” or “Terms of Use”) govern your access of the Shared Office Space, whether accessed: (a) on a computer connected to the internet at mybywardoffice.com (the “Website”); (b) on MBO COWORKING (formerly,My ByWard Office) social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by MBO COWORKING, a company located at 78 George St, Ottawa, Ontario, K1N 5W1 (referred to in these Terms as “we”, “us” or the “Company”). These Terms govern the use of all persons using the Product, including without limitation, the account manager or organization who registers an account on the Product (the “Account Manager”), all additional client account, memberships, subscriptions, and leases (collectively, along with the Account Manager, “You” or the “User”), who have registered for the use of the Product, and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “your” and “yourself”.
It is important that You read these Terms carefully. If You do not agree to these Terms, please do not use the Product or browse the Website. By accessing or using the Product, You represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be amended from time to time; and (c) You have read and understand our Privacy Policy, which can be accessed at mybywardoffice.com/privacy/ (the “Privacy Policy”), the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.
You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).
We may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the Product, which include but are not limited to the:
We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide the Account Manager with thirty (30) days’ notice of a material change in the Terms and conditions (including changes in pricing) via e-mail to the e-mail address supplied to us by the Account Manager, setting out:
It is the Account Manager’s responsibility to send such notices of material changes to all Users associated with the Account Manager’s account. We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary, no later than thirty (30) days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from access to the Product.
We will post the most current Terms on the Website and your use of the Product will be subject to the most current Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that MBO COWORKING (formerly, My ByWard Office) shall not be liable to You, your employee, or any other third party for any amendments to the Terms of Use.
Payment from Account Managers will be due upon delivery of an electronic invoice from MBO COWORKING (formerly,My ByWard Office) to the Account Manager monthly, as applicable. Any amounts payable by the Account Manager hereunder which remain unpaid fourteen (14) days after an invoice is delivered shall bear interest at the rate of four percent (4%) per month (up to a maximum of twelve percent (12%) per annum), or the maximum amount allowable by law, such interest to be calculated on a daily basis from the date the payment becomes overdue until the date payment is made in full.
Account Managers may be required to provide account information for at least one valid debit or credit card through the Product (“Debit or Credit Card Information”). We will use this Debit or Credit Card Information in accordance with this Agreement and our Privacy Policy.
We are not liable for any payments that are not completed because: (1) your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. My ByWard Office will not be responsible for any taxes or duties owed by You.
These Terms are effective on the date that You access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us by notifying MBO COWORKING (formerly, My ByWard Office) via email at hello@mbocoworking.com The services provided by the Product and the applicable fees shall continue until the end of the Account Manager’s current subscription term after the Account Manager has notified us of your desire to unsubscribe from the Product, to close your account, and to cease your use of the Product. Account Managers that use the Product during a trial period and do not register for the Product after the free trial period will have their account terminated at the end of the free trial period.
We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access to your account, and may delete all data and information associated with your account ninety (90) days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. If you do not log into your account for six (6) or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your information thirty (30) days after such notice has been delivered.
In order to use the Product, an Account Manager must register using our registration page located within the app or web site. You understand and agree that an employer of your organization may register You for a manager account. Upon registration, the Account Manager may setup additional accounts on the registered account for team client accounts, members, subscriptions and lease.
Registration Information: You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name and e-mail address (“User ID”), allows You to access the Product. The User ID and password, together with any other contact information You provide us at the time of signing up for the Product form your “Registration Information.” You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at hello@mbocoworking.com as soon as possible.
Accounts: You may create or use additional accounts for the purpose of logging into the secured account as an administrator, as applicable to your role in the managed account. You may not open an account if you are a competitor of MBO COWORKING (formerly, My ByWard Office).
Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including as outlined in the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5).
Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided by us. You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:
You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.
Moderation: You understand and agree that although MBO COWORKING (formerly, My ByWard Office) is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur).
You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk.
Technical Requirements: Use of the Product requires Internet access through your computer. You may be required to have cookies, SSL or TLS and Java script enabled to use the Product, and some features of the Product may not be accessible with such technologies disabled.
Your privacy is very important to us. Please review our Privacy Policy. Our Privacy Policy applies to the collection, use, disclosure, retention, protection, and accuracy of your personal information and business financial information collected for the purposes of the features offered through the Product.
The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product.
Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Product in any form (including by e-mail or other electronic means), without our prior written consent.
You are not required to provide MBOCOWORKING (formerly, My ByWard Office) with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide MBO COWORKING with Feedback, MBO COWORKING may use such feedback to improve the Product or for any other purpose. Furthermore, MBO COWORKING shall own such Feedback and MBO COWORKING and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to MBO COWORKING.
Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in accordance with these Terms. This limited license is subject to full payment of the monthly fees per subscription or lease, when due. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement.
The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us.
Rights to content provided by you: MBO COWORKING ( formerly, My ByWard Office) does not retain any right, title and interest to the information provided, inputted or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall be decided amongst yourself and your employer, if applicable, and that your User Data may be available to your employer even after the termination of your account with the Product. You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data.
At any time and up to three hundred and sixty five (365) days after your termination with MBO COWORKING (formerly, My ByWard Office), You may request a copy of all of your User Data from the Product (“Data Dump”). You understand and agree that after the expiration of three hundred and ninety-five (395) days after your termination with MBO COWORKING, your User Data will be permanently deleted and You will no longer have access to such Data Dump.
The Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product.
Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.
Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of an employee posted to the Product, or any consequences as a result of the ratings or reviews of an employee, including but not limited to termination of an employee. Ratings and reviews posted to the Product DO NOT reflect our views.
Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.
No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Product.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Content provided to companies: If You are an individual providing User Data that is to be directed to your organization’s account, You agree and acknowledge that we accept no responsibility and are not liable for any damages that may arise by the organization’s use of that User Data. You further agree and acknowledge that we are not liable for any damages that may arise if the User Data is misdirected to the wrong organization due to any reason, including error on your part or a flaw in the Product.
The Product may store your data as long as your account is current and active and for ninety (90) days after our relationship with You has been terminated.
On a regular basis we create a backup of all data in our system, which is retained for ninety (90) days, after which it will be removed permanently from all our systems. This backup is for use by MBO COWORKING (formerly, My ByWard Office) only in the case of disaster recovery or to maintain business operations in the case of an emergency. MBO COWORKING will not restore data unless it determines, in its sole discretion that a data recovery is necessary.
If you have provided your consent, Company may send you SMS messages in relation to your bookings and use of MBO COWORKING (formerly, My ByWard Office) and for promotional purposes. Message and data rates may apply.
If you change your mobile phone service provider, you might have to re-enroll with the Company in order to receive future SMS messages. Company reserves the right to stop sending SMS messages at any time; you may at all times opt-out by replying from your mobile phone to any text from the Company with the word STOP, which opt-out will become effective within seven (7) days.
It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the MBO COWORKING, such as room access codes and other important information.
Any fees which the Company may charge you for the use of the Website, Application or MBO COWORKING (formerly, My ByWard Office), will be as set out on the Website or Application at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Website, Application or MBO COWORKING either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the MBO COWORKING (regardless if you only make use of the MBO COWORKING for less than your booked time). If you exceed the amount of time for which you booked a MBO COWORKING, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time. You do hereby consent to such excess time charges and to such overage charge.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Website, MBO COWORKING or Application as we deem necessary for our business. We encourage you to check back at our Website periodically to find out about how we charge for the Website, MBO COWORKING or Application.
You are responsible for the cost of repair for damage to, or necessary cleaning of, MBO COWORKING (formerly, My ByWard Office) resulting from your violation of this Agreement or your use of the Website, Application, or MBO COWORKING in excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determines that excessive repair or cleaning is required, the Company reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed in Canada $500 Canadian Dollars, in the United States of America $500 US Dollars. Any such amounts are non-refundable and at the reasonable discretion of the Company.
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Product in the previous invoice.
To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.
You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third-party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.
By visiting the Website or using the Product, You agree that the laws of the province of Ontario, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in the province of Ontario, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the provincial courts of Ontario. You agree to pay reasonable attorneys’ fees and court costs incurred by us to collect any unpaid amounts owed by You.
Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.
You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.
The Agreement will constitute the entire agreement between us and You with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.
By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.
If You have any questions or comments regarding these Terms please contact our head office by email at hello@mbocoworking.com.
