coworking and virtual office TERMS OF USE POLICY

1. Acceptance of Terms

The services Impact Hub Kigali Ltd (“Impact Hub Kigali”) provides to you, the undersigned (including but not limited to the use of office space, virtual office, and access to the Internet), are subject to the following Terms of Use Policy (“TUP”). Impact Hub Kigali reserves the right to update the TUP at any time. 

2. Description of Services

Impact Hub Kigali may provide you with access to office space, work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Impact Hub Kigali may provide from time to time (collectively, “Services”). The Services at all times are subject to the TUP. Additionally, the virtual office package provides access to Impact Hub Kigali’s address for legal business procedures and handling of postal services.

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 any Impact Hub Kigali server (Impact Hub Kigali’s web hosting service), or the network(s) connected to any Impact Hub Kigali server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any 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 hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TUP and no further authorization or approval is necessary. You further 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) Give your key/keycode to anyone else or allow non-paying customers entrance into or use of the space at any time. Giving your key/keycode to someone else is ground for immediate termination of your membership plan and a lifetime ban from Impact Hub Kigali for both you and the person that you let into the space;

b) Use the Services in connection with contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited message (commercial or otherwise);

c) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

d) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Impact Hub Kigali Services;

e) 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 thereto or have received all necessary consent to do the same;

f) 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 right of any party;

g) Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

h) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

i) Use the virtual office package, including the address for legal business procedures or postal services, in any manner that is misleading, deceptive, or for purposes not aligned with legal business activities, or using the address for fraudulent activities or receiving prohibited or illegal items. 

j) Misrepresent their association with Impact Hub Kigali. While the virtual address can be used for business purposes, clients should not imply they have a physical office or permanent presence at Impact Hub Kigali unless they have such an arrangement.

k) Restrict or inhibit any other user from using and enjoying the Services;

l) Violate any code of conduct of other guidelines which may be applicable for any particular service;

m) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

n) Violate any applicable laws or regulations;

o) Create a false identity for the purpose of misleading others;

5. Impact Hub Kigali Rules

To encourage an environment of respect, openness and collaboration, we ask that all members please:

a) Moderate your noise levels for the sake of your neighbors. If you want to listen to music on your headphones, for example, please ensure that it is not so loud that it bothers your neighbors. Likewise, if you have to take a loud phone call, please take the call on the rear balcony.

b) Allow other members the privilege of working in a quiet, harmonious, productive, and professional working environment.

c) Ensure that, when you park, you are not blocking or inconveniencing any of our neighbors, residents, fellow businesses or other community members. Parking on the street is a privilege granted by our neighbors and the city. As a community-based entity, Impact Hub Kigali wants to do everything it can to maintain a harmonious environment within the local ecosystem.

d) Not smoke inside the space or on the balcony next to Impact Hub Kigali for the sake of non-smokers. If you want to smoke, please go to The Roof, next to the restroom or downstairs so you do not bother non-smokers working in Impact Hub Kigali. Moreover, please put your cigarette butts in the trash to keep the space clean.

e) Use the virtual office services responsibly and professionally. This includes respecting the use of Impact Hub Kigali’s address for and ensuring that all postal services and communications through the virtual office are conducted in a manner that maintains the integrity and reputation of the community. 

6. Disclosure

Impact Hub Kigali reserves the right at all times to disclose any information about you, your participation in and use of the Services as Impact Hub Kigali deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Impact Hub Kigali’s sole discretion.

7. Confidentiality

a) You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Impact Hub Kigali or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Impact Hub Kigali, any analyses, compilations, studies or other documents prepared by Impact Hub Kigali or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.

 

b) Your participation in and/or use of the Services obligates you to:

I. Maintain all Confidential Information in strict confidence;

II. Not to disclose Confidential Information to any third parties;

III. Not to use the Confidential Information in any way directly or indirectly detrimental to Impact Hub Kigali or any participant or user of the Services.

 

c) All Confidential Information remains the sole and exclusive property of Impact Hub Kigali or the respective disclosing party. You acknowledge and agree that nothing in this TUP or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in any Confidential Information or any patent, copyright or other intellectual proprietary rights of Impact Hub Kigali or any participant or user of the Services.

8. Participation In or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Impact Hub Kigali does not have any liability with respect to your access, participation in, use of the Services, or any loss of information or property resulting from such participation or use.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Impact Hub Kigali provides the services “as is” and with all faults, and hereby disclaims with respect to the services all warranties and conditions, whether expressed, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related 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 use of the services, remains with you.

10. Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall Impact Hub Kigali 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 or 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 Impact Hub Kigali, and even if Impact Hub Kigali has been advised of the possibility of such damages.

11. Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages references above and all direct or general damages), the entire liability of Impact Hub Kigali 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 this TUP and your exclusive remedy for all the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (US$ $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. Termination

Impact Hub Kigali reserves the right to terminate any Service at any time. Impact Hub Kigali further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TUP.

13. Indemnification

You release, and hereby agree to indemnify, defend and save harmless Impact Hub Kigali and Impact Hub Kigali’s 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 on or arising all claims, liabilities, losses, damages, costs, expenses, judgments, dines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. In the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Impact Hub Kigali or its respective officers and agents in connection with the defense of such claim or lawsuit.

14. Severability

In the event that any provision or portion of this TUP is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TUP shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

15. Theft Insurance

As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your equipment while using the space. Impact Hub Kigali is not responsible for theft of or damage to any of your personal property for any reason. It is strongly recommended that you use cable lock systems on any electronic device and use the locking file cabinet for storage if one is included in your membership plan. Other members may pack in/pack out items each day.

16. Parking

Members and customers must follow all city parking regulations and must park in accordance with all posted signs and notices. Parking is generally permitted on the road in front of and behind Impact Hub Kigali, but all users must ensure that they are not blocking the driveway or entrance to any of the neighboring houses or buildings. Blocking any of the neighboring businesses or homes will endanger the ability of Impact Hub Kigali’s community of parking on the street.

17. Consent for Photography/Video Consent for Media Release and Promotional Use

Member hereby grants permission to Impact Hub Kigali, its employees, interns, or representatives to take and use the following of the member in promotional or educational materials:

a) Photography/digital images

b) Videotape

c) Recorded audio or quoted remarks

These materials might include but are not limited to electronic publications, printed publications, Impact Hub Kigali’s website, Facebook page, Twitter account or other electronic or print communications. Member further agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the image(s) published.

Members also agree that the media may contact members regarding his/her involvement with Impact Hub Kigali. Members authorize the use of these materials indefinitely without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of Impact Hub Kigali.

*Impact Hub Kigali will always contact its members to request the use of any of the materials described above, and will provide an open and honest description of the manner in which the materials will be used. Materials are to be used in a promotional context unless otherwise specified in the communications with the member featured in the media. Impact Hub Kigali or a representative of Impact Hub Kigali will always contact you if any alterations/editing takes place on the materials being provided of/by the member.