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Last Updated: June 17, 2021
These additional consumer terms (“Terms”) apply only to the extent you are an individual and acting outside of your business, trade, craft or profession within the UK or European Union and/or a consumer as defined by statute (a “Consumer”).
These Terms are available to you in Exhibit B of the WeWork All Access Membership Terms and Conditions.
Your particular attention is drawn to the section ‘Our responsibilities to you’ below.
How do these Terms apply?
These Terms apply to the Agreement in addition to the WeWork All Access Membership Terms and Conditions, and in the event any of these Terms conflict with the terms of the WeWork All Access Terms and Conditions, these Terms will apply.
The WeWork All Access Membership Services are as set out on our website: https://www.wework.com/legal/all-access-membership-terms-and-conditions.
The WeWork All Access Membership Terms and Conditions, together with these Terms, can be found in your Account Central account. We will also provide you with a copy of the WeWork All Access Membership Terms and Conditions, together with these Terms by email.
We may update these Terms from time to time in accordance with section 6 of the WeWork All Access Membership Terms and Conditions. We will provide you with as much notice as reasonably practicable of any such changes. If you do not agree to the changes, you must notify us within thirty (30) days and we shall agree to terminate the Agreement before the changes take effect and we will issue you a refund for any Services paid for but not received. If you do not contact us within the thirty (30) day time period, it will be deemed that you have agreed to and accepted the changes to the Terms.
Your rights
We shall supply services with reasonable skill and care and in accordance with the Agreement. If we do not do so, you may ask us to reperform the Services, and if reperformance is not possible at all or is not possible within a reasonable timeframe, you may be entitled to an appropriate refund.
Nothing in these Terms or the Membership Terms and Conditions will affect your legal rights and remedies which remain unaffected.
If you are a Consumer living in the United Kingdom, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Information on right of cancellation
Right of cancellation
You have the right to cancel this Agreement within 14 days of signing up without giving any reason. The cancellation period will expire 14 days after the day of the conclusion of this Agreement. To exercise the right of cancellation, you must inform us of your decision to cancel this Agreement by sending us an e-mail at the email address listed in your booking confirmation or at [email protected]. If you’d like, you may use the below model cancellation form.
Effects of cancellation
If you cancel this Agreement within the cancellation timeframe set out above, we shall refund all payments received from you, within 14 days from our receipt of your cancellation notice. We will make such refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.
If you requested that we provide the Services during the 14 day cancellation period, you may still cancel the agreement in this timeframe, but you will be required to pay us an amount which is in proportion to the Services provided until our receipt of your cancellation notice.
Model of cancellation form
You may (but are not obligated to) use the form below to cancel this Agreement. If you would like to use this form, please complete the form and send it to us by email at [email protected]:
I hereby give notice that I withdraw from my agreement of the following service,
Ordered on:
Name of Consumer:
Address of Consumer:
Signature of Consumer(s) (only if this form is notified on paper):
Date:
Our responsibilities to you
Section 23 (Waiver of claims) and section 24 (Limitation of Liability) of the WeWork All Access Membership Terms and Conditions will not apply to you if you are a Consumer. Instead, the following sets out our responsibility for loss or damage suffered by you.
If you are a Consumer living in either the United Kingdom or the European Union, excluding Germany, the following applies:
We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the signup process. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Services (as described under ‘Your rights’ above).
We are not liable to you for business losses. If you are a Consumer, we only supply the Services to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and these Terms shall not apply.
If you are a Consumer living in Germany, the following applies:
We shall be liable without limitation insofar as the cause of the damage is based on intention or gross negligence.
Furthermore, we shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of this Agreement, or for the breach of obligations, the fulfilment of which makes the proper performance of this Agreement possible in the first place and on the observance of which the customer regularly relies (cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical for this Agreement. Subject to the following provisions we shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, body or health.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
Your responsibilities to us
Section 25 (Indemnification) of the WeWork All Access Terms and Conditions will not apply to you if you are a Consumer. Instead, the following sets out your responsibility for loss or damage suffered by us.
If you are a Consumer living in either the United Kingdom or the European Union excluding Germany, you will compensate us for any foreseeable loss or damage caused by you as a result of you failing to comply with this Agreement (for example, you will compensate us in relation to damage to property you cause whilst on Premises).
Copies of your Agreement
This Agreement, including these Terms, will be stored by us in digital form for the purpose of processing this Agreement and kept in accordance with our privacy policy which can be found at www.wework.com/legal/global-privacy-policy. A copy of this Agreement (including the All Access Terms and Conditions, and these Terms) will also be sent to you by e-mail immediately after you click “Start Membership”. You can also find a copy of this Agreement in your inbox, as long as you do not delete the email.
Complaints
If you have any general complaints or wish to request further information about the Services, please contact us via email at [email protected] or call us on the telephone number as set out under ‘Who is your contract with’ below, and we will do our best to resolve these.
Applicable law and disputes
The following sets out what laws apply to this Agreement and how you may bring a claim.
Governing Law: to the extent there are mandatory statutory consumer protection regulations in your country of residence which contain provisions that are more beneficial for you than those set out in Annex A-2: EMEA of the WeWork On All Access Membership Terms and Conditions, such provisions shall apply irrespective of the choice of English law.
Venue; Dispute Resolution: you may resolve your claim in any competent court in that country that has jurisdiction over the claim.
The following sets out your ability to resolve issues with us, without having to go to court:
If you are a Consumer living in the European Union, you may use the EU Commission's platform for online dispute resolution pursuant to Article 14(1) of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, and which can be reached via the following link:https://ec.europa.eu/consumers/odr/.
We do not participate in dispute resolution proceedings before a consumer dispute resolution board and we are not obliged to do so.
If you are a Consumer living in Germany, you may use the EU Commission's platform for online dispute resolution per the previous paragraph and pursuant to § 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
If you are a Consumer living in France, you may decide not to use the EU Commission's platform for online dispute resolution per the above, and in such case, for any dispute which cannot be settled directly with us before any other action, you may, in accordance with the French Consumer Law Code provisions, and free of charge, contact the Ombudsman Services of the Paris Centre of Mediation and Arbitration (CMAP) to resolve the dispute amicably.
You may petition the CMAP as follows:
by using the online form available on the CMAP website at: www.mediateur-conso.cmap.fr,
by email sent to: [email protected], or
by postal mail sent to: CMAP - Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris.
Who is your contract with?
You will contract with the WeWork entity as set forth in the Membership Details Form. You can contact us at [email protected].