Main terms

This document comprehends the Ellyot Terms of Service, the Booking Agreement, the Privacy Policy, the Payments Terms and the Non-Discrimination Policy and apply to all Users of the App and/or of the Web Page.

Last Updated: February 14, 2018

1 Background

1.1 Please read Ellyot Main Terms carefully before you start to use the iOS or Android mobile device Ellyot applications and/or you start to use Ellyot Web Page and/or before you register for an Ellyot account (“Account”).

1.2 Ellyot provides an online platform that connects Venues that have Desks to list with people (Users) seeking to book such Desks (collectively, the “Services“). These Services are accessible at www.ellyot.com and at any other websites through which Ellyot makes the Services available (collectively, the “Web Page”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “App”).

1.3 “Ellyot Main Terms” comprehend the Ellyot Terms of Service, the Booking Agreement, the Privacy Policy, the Payment Terms and the Non-Discrimination Policy and apply to all Users of the App and/or of the Web Page.

1.4 If you are a “Member” (defined below), your agreement to comply with and be bound by these Terms (the Terms of service, the Booking Agreement, the Privacy policy, Payments terms and the Non-discrimination policy) is deemed to occur upon your first use of the App and/or of the Web Page.

1.5 If you are a “Member” and you do not agree to be bound by these Terms, stop using the App and/or the Web Page immediately and do not register for an Account.

1.6 In Ellyot Main Terms:

“We” and “Us” and “Ellyot” are references to Coufme, a company incorporated in England with registered number 09583496 and registered address at 38 St. Peter Street N1 8JT London;

“Member” means a person who completes Ellyot Account registration process, including but not limited to Users, as described under Ellyot Terms of Service in “Your Account” Section. Moreover, “Member” means also Venues that close a Venues Agreement and any person that successfully downloads and uses the ;

“User” means a Member who books from a Venue a Listing via the Web Page, the App or Services, or a Member who stays at a Desk and is not the Venue for the associated Listing;

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Ellyot Content” means all Content that Ellyot makes available through the Web Page, the App, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Ellyot promotional campaign to be made available through the Web Page, the App or Services.

“Collective Content” means Member Content and Ellyot Content.

“User Work Location Feature” means the feature that discloses the location of where Users are working currently or have worked in previously. Moreover, once this feature is activated, Users accept to share their working locations and some personal data with other Users.

“User Affiliated Organization” means an employer/company the user works for.

“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.

“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.

“Data Controller” means Ellyot, the company responsible for the use and processing of Personal Information.

“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the “Data Controller”.

“Venue” means a Member who creates a Listing and agrees to the Venues Agreement;

“Defaulter Venue” means a Venue that has unfairly rejected a User;

“Rejected User” means a User that has been rejected by Venues with no fair reasons (see the Fair Rejection under the Booking Agreement), after having correctly booked and paid for a Listing.

“Desk” means seats and desks where Users can work;

“Listing” means a Desk that is listed by Venues as available for booking via the Web Page, the App and Services;

“Booking” means a limited license, granted by Venues to Users, to use the Listing for the limited duration of the Booking (“Booking Period”), during which time the Venue (only where and to the extent permitted by applicable Law) retains the right to re-obtain the Desk, in accordance with the User’s agreement with the Venue (the Booking Agreement). Users Book the Listings by the hour.

“The amenities” means services/products that each Venue can offer to Users as part of the Booking Agreement. Listings are not part of the amenities and each Venue is free to choose if and what to offer to Users as amenities.

“Booking Summary” means the communication that is sent by the Venue(s) to Users, when a Booking Agreement is reached. Moreover, a Booking Summary comprehends: Venue’s name, Venue’s address, Booking Date, Starting time of the Booking, Ending time of the Booking, Desk Fee and a unique Reference Number.

“Booking Agreement” means the agreement between a User and a Venue for the booking of a Listing.

“Booking Period” means the time between the Starting Time of a Booking and the Ending Time of a Booking. Moreover, it depends on the User’s need and on the availability of the Desk.

“Venues Agreement” means the document that comprehends both the agreement between a Venue and Ellyot for the use of the platform and the Venues’ Acceptance of the Booking Agreement with the Users.

“Preapproved Booking Request” means that Venues have preapproved all Booking requests from Users (under the “Venues Agreement”). This means that Booking requests do not need to be approved or confirmed by Venues. When Users request to book an available Listing, the Booking Agreement enters into force and Users do not need to wait for any further confirmation from Venues. Please note that all of this is in line with Ellyot’s Non-Discrimination Policy.

“Desk Fee” means the amount that is due and payable by a User in exchange for the User’s stay at a Desk (under a Booking Agreement). The Venue alone, and not Ellyot, is responsible for the Desk Fee for his or her Listing. The Venue may in his or her sole discretion decide to include in these amounts Taxes that the Venue determines that he or she has to collect.

“Limited Payment Collection Agent” means Ellyot. Please note that each Venue appoints Ellyot as their “Limited Payment Collection Agent” solely for the purpose of accepting the Desk Fee from Users

“Payment Method” means a payment method that Users have added to their Ellyot Account, such as a credit card or debit card.

The “Payment Services” means payment collection services, payments and payouts, conducted through or in connection with the Ellyot Web Page, the App or Services that Ellyot provides to Users in connection with Users’ use of the Ellyot Web Page, the App and/or Services, and constitute a binding legal agreement between Users and Ellyot.

2 Who We Are

2.1 We are Coufme Limited trading as Ellyot App, a company registered in England and Wales with Company Number 09583496 and registered address 38 St. Peter Street N1 8JT London

2.2 We are the sole owners of the App and of the Web Page.

2.3 The Venues and the owners of the Venues who create/share listing on the App and/or on the Web Page are third parties unrelated to us.

3 What We Do

3.1 We provide a platform to facilitate the Listing and booking of Desks where Users can work.

3.2 We are not part of the Booking Agreement.

THE WEB PAGE, THE APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUES MAY CREATE LISTINGS AND USERS MAY LEARN ABOUT AND BOOK DESKS DIRECTLY WITH THE VENUES. YOU, AS A USER, UNDERSTAND AND AGREE THAT ELLYOT IS NOT A PARTY TO ANY AGREEMENTS (I.E. THE “BOOKING AGREEMENT”) ENTERED INTO BETWEEN VENUES AND USERS, NOR IS ELLYOT A CO-WORKING SPACE, AN OFFICE PROVIDER OR A REAL ESTATE BROKER, AGENT OR INSURER. ELLYOT HAS NO CONTROL OVER THE CONDUCT OF VENUES, MEMBERS AND OTHER USERS OF THE WEB PAGE, THE APP AND SERVICES OR ANY DESKS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEB PAGE, THE APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEB PAGE, VIA THE APP OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEB PAGE, THE APP, SERVICES, OR COLLECTIVE CONTENT. IF A VENUE CREATES A LISTING ON ELLYOT, YOU, AS A USER, UNDERSTAND AND AGREE THAT SUCH VENUE IS JUST A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF ELLYOT FOR ANY REASON, AND THAT SUCH VENUE ACTS EXCLUSIVELY ON HIS/HER OWN BEHALF AND FOR HIS/HER OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF ELLYOT. ELLYOT DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, ANY LISTING, ANY OFFLINE ACTIVITIES ASSOCIATED WITH ANY LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT VENUES PROVIDE. AS A USER, YOU UNDERSTAND AND AGREE THAT VENUES ARE NOT ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF ELLYOT, INCLUDING BY INAPPROPRIATELY USING ANY ELLYOT INTELLECTUAL PROPERTY.

4 Age Restriction

4.1 Persons under the age of 18 should not use the App and/or the Web Page.

4.2 If you are a User, to set up an Account on the App and/or on the Web Page you must be at least 18 years of age.

4.3 If you are a User, by using and/or creating an account you declare to be at least 18 years of age.