User Terms and Conditions (T&C)
St Johns Health Innovation Foundation (known as SJHIF or the Foundation) provides you with coworking space located at 141/2. Sarjapur Road, Koramangala, be used for Research, Development and Innovation in the field of healthcare technologies and provides with you work stations, laboratory, meeting rooms, drawing room facility and others.
Definitions:
St Johns Health Innovation Foundation or SJHIF or Foundation, refers to St Johns Health Innovation Foundation. You or User means a visitor, co-worker, member, subscriber, an existing entity (such as a start-up) and has currently or in the past have registered with us including your employees, agents, associates, clients, guests or visitors (who have been associated with you).
Co-working space refers to premises or workspace, laboratory, meeting rooms, drawing room facilities and others, made available by SJHIF or any of our approved affiliates for the use of activities as permitted by SJHIF.
Data refers to information that has been provided to SJHIF by you and includes personal as well as proprietary information collected through various means.
Upon payment and your acceptance of these Terms and Conditions (T&C), you shall be allowed to use SJHIF, on a temporary/rental basis. SJHIF reserves the right to update the T&C at any time without notice to you.
Terms and Conditions:
- SJHIF membership application does not create a tenancy but a prepaid usage and temporary license to use the provided facilities only.
- You will not be associated with SJHIF or its associates. This agreement will not constitute a lease or sublease.
- Your use of our services shall be intiated by you through a request by filling an application form and accepting these T&Cs. Once SJHIF accepts your request, you may use the facilities in accordance with these T&Cs.
- You certify that you are not a minor and are not restricted from entering into an agreement with another party, and no further authorization or approval is necessary.
- You agree to provide correct and accurate information of yourself as requested in the application form. You are also required to provide a valid phone number and email id whilst registering. You consent to receive messages and calls from us.
- SJHIF may provide you with access to office space, workstations, Internet access, office equipment, pantry facilities, coffee, drinking water, meeting room, knowledge resources, and other services (collectively called as “Services”). The Services at all times are subject to these T&Cs.
- The internet and IT facilities at SJHIF are provided with standard security protocols including firewalls and antivirus network protection. However, any additional level of security based on the requirement of your work, will be your responsibility.
- You will not use the Services for any purpose that is unlawful, unauthorized, prohibited by these terms, conditions and which are not permitted as per objectives of SJHIF.
- You may not use the Services in any manner that could damage, disable, overburden, or impair any SJHIF’s server, or interfere other party’s use of any Services.
- You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any The SJHIF server or to any of the Services, through any unlawful means hacking, password mining or any other means.
- 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, T&C or other instrument or obligation to which you are a party.
- In the event of a breach of the T&C, your use and/or participation at SJHIF shall be terminated, immediately.
- The services are provided to you, and you will not question any other user of the reasons for which they are using the coworking space.
- You agree that when participating in or using the Services, you will not:
- Sending junk email, spamming, virus attacks or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The SJHIF servers or premises,
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws
- Use any material or information, including images, which are made available through the services in any manner that infringes any IPR of any other party;
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
- Visit any unauthorized or illegal websites, portals, etc
- Violate any applicable laws or regulations; or
- Create false identity for misleading others.
- This T&C is automatically renewed once you seek further services of the SJHIF.
- Non-payment can be considered as a violation of these T&C.
- Members may terminate this T&C by giving a written notice of termination as established in this T&C. Should Member not provide timely notice of termination to SJHIF then the Membership Period shall continue till exhaustion of any advance payment which has been booked in advance.
- The member may be automatically invoiced in advance based on their membership option. Also included is any variable consumable charges.
- The SJHIF always reserves the right to disclose required data about you to the authorities or as required to a third party seeking the same with proper authorisation. Data may be used for research purposes, keeping in mind protection of identity.
- Confidentiality: You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The SJHIF or any participant of used 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 The SJHIF, any analyses, compilations, studies or other documents prepared by The SJHIF 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. Your participation in and/or use of the Services obligates you to;
- maintain all Confidential Information in strict confidence, during the period of this T&C and beyond;
- not to disclose Confidential Information to any third parties;
- not to sue the Confidential Information in any way directly or indirectly determined to The SJHIF or any participant or user of the Services.
- All confidential information remains the sole and exclusive property of The SJHIF or the respective disclosing party.
- You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of The SJHIF or any participant or user of the Services.
- You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The SJHIF 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.
- Intellectual Property: You may during the period or beyond, have access to the Intellectual property (IP) of SJHIF. You are not permitted to use the SJHIF’s IP unless with written approval including the SJHIF logo, name, website content, patent, copyrights, etc. The SJHIF content is protected by appropriate laws. You cannot sell or modify the said content or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose.
- Disclaimer of Warranties: To the maximum extent permitted by the applicable law,, The SJHIF 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 you.
- Exclusion of Incidental, Consequential and Certain Other Damages: To the maximum extent permitted by the applicable law, in no event shall The SJHIF or its associates, and their past, present and future officers, agents, 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 T&C, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The SJHIF, and even if The SJHIF has been advised of the possibility of such damages.
- Limitation of Liability and Remedies: Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The SJHIF 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 T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to [enter amount]. 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.
- Non-Disparagement: You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The SJHIF, or any of The SJHIF officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. You may bring to the notice of the SJHIF management and authorities any issued faced by you for appropriate resolution.
- Indemnification: You release, and hereby agree to indemnify, defend and save harmless The SJHIF and 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, 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. You further agree in the event that you bring a claim or lawsuit in violation of this T&C, you shall be liable for any attorney fees and costs incurred by The SJHIF or its respective officers and agents in connection with the defence of such claim or lawsuit.
- General Liability Release: You are aware of the risks associated with the use of the SJHIF and does hereby expressly assume and consent to the same. You’re aware that this T&C creates legally binding obligations and, therefore, has had the chance to review the same, prior to its execution. This T&C shall be governed in accordance with the Laws of the Bangalore, Karnataka.
- Any disputes/ matters arising under these T&C shall be subject to the exclusive jurisdiction of courts located in Bangalore and will be addressed by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
- In case of any disciplinary issues arising whilst using the facilities of the SJHIF, such issues will be addressed before an internal committee delegated by the SJHIF management. Based on the seriousness of such issues, escalation of such issues may be sought by the SJHIF authorities.
- Severability: In the event that any provision or portion of this 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.
- Insurance: The SJHIF carries standard business insurance for its business and property. As a user, you are suggested to carry you own insurance policy to cover your own equipment while using our space.
- Additional Responsibilities: Parking is available as per the public infrastructure available in the locality of Koramangala. Limited parking for 2 wheelers may be available.
- SJHIF is a non-smoking facility and Smoking inside the facility is strictly prohibited.
- You may be allowed to bring in limited number of guests, provide you register then in advance and subject to judicious use of the SJHIF resources.
- When using counter space, meeting rooms or other resources or areas of or in the facility it is required that you return them original configuration or condition as taken. You will be liable to any damages caused to the facilities and its resources.
- Storage of equipment or personal property is only allowed with permission of the facility manager and The SJHIF will not be held responsible if such items are damaged or missing. Additional storages charges will be applicable.
- Those who access or use our website from other jurisdictions do so at their own risks and are responsible for compliance with their respective local law.
- In case of any grievance arising from the use of services provided, please contact us at email: admin@sjhif.in
The Directors
St. John’s Health Innovation Foundation
Koramangala, Bangalore