1. Terms of Service
Welcome to OpenSpace (“OpenSpace” or the “Company”), a resource platform where consulting services occur via mentoring sessions (the “Platform”). By accessing the OpenSpace application, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by this Terms of Service (this “Terms”), whether or not you create an OpenSpace account. If you wish to create a OpenSpace account and make use of the Service, please read this Terms. OpenSpace is owned and operated by OM Connect Sdn Bhd (1017397-U). The specific features and functionality of OpenSpace are to be determined solely by OpenSpace and are subject to change or termination at any time, for any reason, and without notice.
This Terms contains all the terms and conditions between a user of OpenSpace services (“you” or “Member”) and OpenSpace. By using the site, you are executing a binding agreement between OpenSpace and you as the Member. You should therefore read this Terms carefully. If you do not accept and agree to be bound by all of the terms of this Terms, including any other applicable terms, do not use the Service. Please contact us with any questions regarding this Terms. OpenSpace is for your personal use, except as explained in this Terms. Commercial use of OpenSpace is subject to the approval of the Company.
2. Other applicable terms
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
YOU ARE NOT ELIGIBLE TO USE THE SERVICE IF YOU HAVE PREVIOUSLY BEEN SUSPENDED FROM USING THE SERVICES FOR ANY REASON AND WE HAVE NOT EXPLICITLY AUTHORIZED YOU TO RESUME USING THE SERVICES. WE RESERVE THE ABSOLUTE DISCRETION TO REFUSE USE OF THE SERVICE TO ANYONE AN TO REJECT, CANCEL, INTERRUPT, REMOVE OR SUSPEND A CAMPAIGN AT ANY TIME FOR ANY REASON WITHOUT LIABILITY.
4. Changes of terms
In order to remain viable and competitive, the Service that we provide is always evolving. As such, unless specified otherwise the terms, form and nature of the Service that we provide may change from time to time at our sole discretion and without prior notice to you, including the right to create limits on use of any Service and/or storage.
We make no representations, warranties or guarantees, whether express or implied, that our Service or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
5. About Creating an Account
There are two ways in which you can create an account.
The first is by way of email registration. Upon accessing the application, you’ll be required to provide a valid email address, which you already have access to and a corresponding password. This will constitute your unique login identification information. Our internal system will then provide you a verification link sent to the said email you have provided. Please click on the link to verify your account and you’ll immediately be able to use OpenSpace. Upon registration and verification of your account, you will subsequently be prompted on our subscription plans which upon confirmed choice and payment, you’ll have access to booking appointments with our mentors, co-working spaces and its benefits, and cafe benefits.
6. Do’s and Don’ts
We expect all users of OpenSpace to behave responsibly and help keep this a nice place. These are the do’s and don’ts that you should adhere to while using the App:
● OpenSpace is not involved in any transactions between Member and Mentor. OpenSpace does not control or verify the quality, relevance or accuracy of the advice, whether the Mentor is qualified to provide the specific advice, whether the Mentor is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any appointments or any transmissions through it by Members or Mentors.
● Member will not make arrangements outside of the OpenSpace platform to have paid relations or any contact with Mentors contacted through OpenSpace without written consent from OpenSpace or its agents.
● Member agrees that any information or content that he or she posts, transmits or receives through OpenSpace will not be considered confidential. Member grants OpenSpace an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
● All interactions between Member and Mentor, Member and Co-Working Space will be billed through OpenSpace regardless whether the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with a Mentor while utilizing OpenSpace and to pay OpenSpace for all services rendered to Member by Mentors.
● Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the App.
● Member will not interfere with or disrupt the OpenSpace servers or networks connected to the App.
● Member will not attempt to gain unauthorized access to other computer systems or networks connected to the App.
● Member will not transmit through the site any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
● Member will not disobey or breach this Terms or any other applicable instructions conveyed by OpenSpace.
● Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
● Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.
● Member will not stalk, threaten or harass Mentors or other Members or infringe upon or attempt to infringe upon their privacy.
Note: A user who is currently using OpenSpace or has once used OpenSpace (either by deletion of account by OpenSpace or by own motion from the user) cannot duplicate the app or create an app that is substantially similar or in its entirety or will be liable to face legal action and suit in the Courts of competent jurisdiction under the Governing Law clause therein below.
7. Definition of Service
OpenSpace provides a platform where Members can locate a Mentor and ask for advice or services. Besides that, Members will also enjoy advantages of working in different co-working spaces and enjoy benefits from cafes that are under the OpenSpace database. OpenSpace will enable a Member to communicate with Mentors. However, OpenSpace will operate as an agent where all mentorship sessions bookings including but not limited to Members choosing which Mentors they want to meet, time to meet, and space to meet will run through OpenSpace. Members will pay a subscription fee to OpenSpace monthly to have access to Mentors, co-working spaces, and cafe benefits. OpenSpace makes no representation or warranty whatsoever as to (a) the willingness or ability of any Mentor to give advice, (b) whether the Member will find the advice given by an Mentor satisfactory, (c) whether the advice of the Mentor will provide an adequate solution to the Member’s question(s) or (d) whether the Mentor’s advice will otherwise be suitable to the Member’s needs.
OpenSpace does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by Mentors. Members should not consider anything to be a referral, endorsement, recommendation or guarantee by OpenSpace of a Mentor’s advice, information or other services. OpenSpace does not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the App and anything spoken or written by its Mentors, including any information contained in a Mentor listing. OpenSpace will not be liable for any damages sustained due to reliance by Member on information or advice provided by any Mentor. The advice or information provided by our Mentor is for informational purposes only and cannot be considered a substitute for professional advice.
Member hereby releases and agrees to hold harmless OpenSpace, its directors, shareholders, officers, members, managers, employees, agents, successors, Mentors, consultants and assigns from any and all causes of action, claims of any nature and damages resulting from the advice of Mentors accessed through the App or from the content of the App.
8. Subscription Terms and Credit Distribution
All subscriptions are valid for 1 month and all credits will not be able to be used after the expiry date of subscription purchased. You are not able to repurchase a subscription during the 1 month period, and will be required to top-up if you run out of credits and wish to continue using our services.
All credits cannot be exchanged to another form and are not transferable in any way to a Mentor or Member. Members can then use their credits purchased on consultation sessions with Mentors.
9. Fees and Payment terms for Members
YOU ARE RESPONIBLE FOR ANY FEES THAT ARE PAYABLE INCLUDING ANY PROCESSING OR OTHER FEES CHARGED BY THE ISSUING BANK/PAYMENT PROVIDER.
The price to be paid for your Subscription will be made clear to you on the Subscription information page or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription.
OpenSpace reserves the right to change the price for subscriptions, and will communicate any price change to you in advance and, if applicable, the method on accepting those changes. You accept the new price by continuing to use OpenSpace services after the price change takes effect. However, if you do not agree to the price changes, you have the right to reject by cancelling your Subscription prior the price change going into effect. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price. Please therefore make sure you read any such notification of price changes carefully.
If you are paying by credit or debit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term.
You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Members will pay for the Services in accordance with the payment terms stated in this ordering agreement. For payment by credit or debit card, OpenSpace will automatically charge your card upon receipt of the credit or debit card information and upon renewals. The next billing date will be upon renewal of subscription.
If you decide to continue your subscription, your payment or fee will depend on the purchase of the package of your choice. Fees are due and payable immediately after purchase. Any errors or discrepancies in the payment or invoice must be reported by the Member to OpenSpace within thirty (30) days after the date of such invoice or such invoice will be deemed correct and payable by the Member in accordance herewith. Except as expressly provided herein, all Fees are nonrefundable.
When you purchase a Subscription or access to any other OpenSpace Services, you must provide us with complete and accurate payment information. By submitting payment details, you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
Fees do not include, and Members shall pay, all applicable sales, use, and other taxes imposed in connection with this Terms or the Service.
12. Disclaimer of Warranty and Limitation of Liability
THE MEMBER ACKNOWLEDGES AND AGREES THAT THE OPENSPACE SERVICE IS PROVIDED “AS IS”, AND THEREFORE THE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS OPENSPACE IN RESPECT TO OPENSPACE MENTORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER’S NEEDS. THE USE OF OPENSPACE IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, OPENSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
OPENSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MENTORS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A MENTOR FOLLOWING THE USE OF OPENSPACE, THE MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS OPENSPACE, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE THE MEMBER DECIDES TO RECEIVE AND/OR RELY ON. OPENSPACE WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH OPENSPACE. THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER’S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL OPENSPACE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS TERMS. OPENSPACE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY A MEMBER TO MENTORS THROUGH OPENSPACE IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. THE MEMBER ACKNOWLEDGES AND AGREES THAT OPENSPACE DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MENTOR IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD OPENSPACE HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13. International Users
OpenSpace makes no claim that the content of the App is appropriate or may be downloaded outside Malaysia. If you access the App from a location outside Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
14. Modifications and Termination of OpenSpace
OpenSpace reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in OpenSpace, with or without notice to Member. Member agrees that OpenSpace shall not be liable to Member or any third party for any modification or discontinuance of OpenSpace’s services or for any losses or damages that may result to Member from such discontinuation or interruption of service.
OpenSpace’’s services depend on various factors such as software, hardware and communications networks of OpenSpace, its contractors and suppliers and factors outside its control. Hence, OpenSpace cannot guarantee that OpenSpace’’s service will be uninterrupted or that it will be timely, secure or error-free.
OpenSpace may, in its sole discretion and for any reason or no reason, terminate Member’s participation in OpenSpace and refuse any and all current or future use by Member of OpenSpace.
Member shall indemnify, defend and hold harmless OpenSpace and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against OpenSpace or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Terms; (b) Member’s refusal to pay for services provided by any Mentor; or (c) any materials that Member had posted to OpenSpace or transmitted through it and/or any content on Member’s Web site or otherwise provided by Member.
16. No Assignment
Member shall not assign his or her rights and obligations according to this Terms, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of OpenSpace. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
17. Member Intellectual Property
We don’t own the stuff you post on OpenSpace (e.g. articles, journals, etc). But when you post it, you’re giving us permission to use or copy it however we need in order to run the application, or show people what’s happening on it. (OpenSpace generally uses this for promotion purposes and also to showcase our community on the App). You are responsible for the content you post, and you are vouching to OpenSpace that it is okay to use the material.
OpenSpace does not own content you submit to us (your “Content”). However, by using OpenSpace, you hereby agree to license to us that;
● We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
● When we use the content, we can make changes, such as editing or translation. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content but we will respect the spirit of your Content.
● You will not submit stuff you do not hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant OpenSpace all the license rights outlined here).
● Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on OpenSpace hosting of that Content.
● You promise that if we use your Content, OpenSpace is not violating anyone’s rights or copyrights. If OpenSpace or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
● OpenSpace is not responsible for mistakes in your content. OpenSpace will not be liable for any errors or omissions in any content.
18. OpenSpace’s Intellectual Property
The Service contains content owned or licensed by OpenSpace (“OpenSpace Content”). OpenSpace Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and OpenSpace, OpenSpace owns and retains all rights in the OpenSpace Content and the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OpenSpace Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the OpenSpace Content.
19. Intellectual Property Rights
OpenSpace is the sole owner or lawful licensee of all the rights and interests in the App and the content of the App except products displayed by Third Party Providers for Commercial Use. The App and content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the App and content of the App (other than excluded content) shall remain with OpenSpace, our affiliates or licensors of the App Content, as the case may be. All rights not otherwise claimed under the Terms or by OpenSpace are hereby reserved.
OpenSpace may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
20. Linking to us
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
21. Third party links and resources in our site
inks to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties. We reserve the absolute discretion to remove third party link, resources or content on our platform or Service without prior notice or compensation.
22. Prohibited Use
You are specifically prohibited from any activities that violate this Terms and/or any other relevant third party terms of service. You are not allowed to act in any way that violates national, regional and local laws related to commerce and transactions.
You are strictly prohibited from using the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, and/or terrorist financing.
In the event of the above, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate Your account, and to reclaim usernames without any liability to us.
The Company, reserves the right, at our sole discretion, to revoke Your access to the Service and take necessary steps including taking down the user profile or retain payment, and/or report to relevant authorities if it is discovered or there is reason to believe that you have failed to comply with or make any misrepresentation pertaining to the paragraphs above or any terms herein.
23. Account & Password
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your password, you must promptly notify us via the support links or say [email protected]
24. Deleting Your Account
If you choose to delete your account, select ‘Delete Your Account’ from the Profile tab. There will be a prompt for you to confirm the deletion of your account. If you confirm the deletion, your account will be deleted from OpenSpace, together with the any appointments you have created as well as your contacts information and any necessary backup information. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the application.
25. Force Majeure
Under no circumstances shall OpenSpace be held liable for any delay or failure or disruption of the content or services delivered through the application resulting directly or indirectly from acts of nature, forces or any other cause whatsoever, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Once a subscription is purchased, there will be no refund unless approved by us on a case by case basis at our sole discretion. Any requests or queries for refunds should be sent our email: [email protected] Once mentorship sessions are purchased, the ticket fee is non-refundable even if the purchaser does not attend the mentorship sessions. Booking credits will be refunded only if a mentor cancels the booking, and refunds will generally not apply in any other situation.
If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired, in which case we will contact you.
27. Dispute Resolution and Governing Law
OpenSpace appreciates and encourages you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of OpenSpace, shall be filed only in the courts located in Malaysia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These terms and the other materials referenced in them are the entire agreement between you and OpenSpace with respect to the App. They supersede all other communications and proposals (whether oral, written, or electronic) between you and OpenSpace with respect to the App and will govern the future relationship between Member and OpenSpace. If any provision of these Terms is found or held to be invalid under the law, such provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. OpenSpace’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of OpenSpace’s right to act with respect to subsequent or similar breaches.
These terms are personal to you. OpenSpace shall have the right to assign the terms (including all of our rights, titles, benefits, interests, and obligations and duties in the terms to any person or entity (including any affiliates of OpenSpace). You may not assign, in whole or part, the Terms to any person or entity. OpenSpace will provide you notice via email, written notice, or by conspicuously posting the notice on our application. The terms shall be governed by the laws of Malaysia regard to its conflict of law provisions. The parties to the terms hereby submit to the exclusive jurisdiction of the courts of Malaysia.
Attention: Rui Ong
Mailing Address: 76B, Jalan SS15/4, 47500 Subang Jaya, Selangor, Malaysia.
Email: [email protected]