Teja Africa and its affiliates (together, Teja  or we) take your right to privacy seriously.  We appreciate your trust with us to handle your data . We value and respect your privacy which is at the core of our interactions with you.  Our Interactions will thus be governed by the terms of this Policy.

1.  Introduction

These Terms of Use (“Terms”, “Terms of Service”) set forth the terms and conditions that apply to access and use of Teja website, mobile applications (Apps), widgets, and other online and offline services that Teja operates to provide offerings, services, benefits and amenities (together, the “Services”).  The provider of the Services is Teja Spaces Limited (the “Company” “Teja”, or “us”), 3rd Floor, Block 2, Delta Riverside, Riverside Drive, Nairobi.

Our Services provide a variety of facilities and services, including but not limited to use of office space, workstations, and high-speed internet, and access to office equipment, conference spaces, knowledge resources, and more. Your specific service contract or membership agreement (hereinafter a “License”) will provide you with the details on the services included.

These Terms are applicable whether you are a registered user or accessing any of the Services via browsing.

YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.  If you do not agree to these Terms, you are advised not to use the Services.

The Teja Privacy Policy is also applicable to you as you access the Services and you are advised to access it and learn how Teja handles personal information that we collect from or about users. By accessing any of our services, you consent to be bound by the Teja Privacy Policy.

 

2. Communications

By entering into a License and creating an account for our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by email.

 

3. Purchases

If you wish to purchase any product or service made available through Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. 

We may employ the use of third-party service providers to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to such third parties subject to our Privacy Policy.

We reserve the right to cancel your License or refuse your Purchase at any time for reasons including but not limited to availability of Services, errors in the description or price of a Service, error in your order, or any other reasons at our discretion.

We reserve the right to cancel your License or refuse your Purchase if fraud or an unauthorized or illegal transaction is suspected. 

4. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other marketing or promotional campaigns (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Participation in any Promotions made accessible through our Services is subject to distinct rules that operate independently of these Terms of Service. We encourage you to thoroughly review the applicable rules for each Promotion, in conjunction with our Privacy Policy. In instances where the rules of a Promotion conflict with these Terms of Service, the rules specific to the Promotion will prevail.

We extend the scope of our Services to incorporate services provided by third-parties, enriching your experience with additional benefits. Explore exclusive Promotions seamlessly integrated into our comprehensive offering, providing you with a holistic and rewarding engagement with our Services.

In addition to these engaging Promotions, we are dedicated to enriching your experience by extending our Services to include a diverse range of third-party offerings. These third-party services not only enhance the functionality of our Services but also come with exclusive benefits tailored to your satisfaction. As part of our commitment to your holistic experience, enjoy seamless integration with various Promotions that add value to your engagement with our comprehensive suite of services.

5. Membership Plans and Access

We offer various service and membership options, each with its benefits and pricing. You can select the service or membership options that best suit your needs.

You must submit an application to be approved for membership. We may, at our sole discretion, reject or withdraw your application or membership for any reason.  Upon approval, you will be provided with a membership card or access code to enter the coworking space. You may bring guests to the coworking space for a maximum period of two (2) hours subject to availability of space, but you are responsible for their conduct and any fees associated with them.

Based on your service or membership plan, you may be billed on a subscription basis (“Plan(s)”). You will be billed in advance on a recurring and periodic basis (“Plan Period”). Plan periods are set either on a daily, weekly, monthly, or annual basis, depending on the period you select when purchasing a Plan. 

At the end of each Plan Period, your Plan will automatically renew under the exact same terms and conditions unless given notice in advance. You may cancel your Plan renewal either through the online portal or mobile app or by contacting Teja management directly at least three (3) months before the renewal date.

A valid payment method, including a debit card, M-PESA, bank transfer or Paystack, is required to process the payment for your plan. You shall use accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Plan fees incurred through your account to any such payment instruments.

You are responsible for any applicable taxes associated with your service contract or membership. Fees quoted by us for Services rendered shall be exclusive of applicable taxes, noting that invoices issued will be inclusive of all applicable taxes payable by you.

Non-Payment: We may suspend or terminate your service contract or membership if you fail to pay fees that are due and payable.

If a payment fails to go through for any reason, you are liable for the amount due and any other charges that may be incurred as a result of that default.

Should automatic billing fail to occur for any reason, you are required to proceed with payment manually or via alternative payment methods.

 

6. Cancellation Policy

 In the event of a cancellation, the following terms apply:

License for Private Offices:

  1. Subscription periods of more than six months
  2. A three-month notice is required for the cancellation. This means that to terminate your subscription, you must provide a notice of cancellation at least three months before the intended termination date.
  3. Subscription periods of less than six months:
  4. One-month notice is required for cancellation. This means that a cancellation request must be submitted at least one month before the intended termination date. 
  5. Weekly subscription and day passes
  6. For weekly subscriptions, at least 7-day termination notice is required
  7. For day pass users, a day termination notice is required. 

These cancellation terms are designed to ensure a smooth transition and facilitate appropriate billing procedures. If you have any questions or concerns about the cancellation process, please contact Teja management at [email protected] or +254709655000.

By accessing and utilizing our Services, you acknowledge that you have read, understood, and agreed to these cancellation terms in conjunction with our Terms of Use.

7. Changes in Fees

We, in our sole discretion and at any time, may modify fees for extensions or renewals of Plans. Any Plan fee change will become effective at the end of the then-current Plan Period.

We provide you with thirty (30) days prior notice of any change in Plan fees to allow you to determine your Plan before such change becomes effective.

Your continued use of the Service after the Plan fee change comes into effect constitutes your consent to pay the modified Plan fee amount.

8. Refunds

Except when required by law, paid Plan fees are non-refundable.

 

9. Content

Our Services allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”) on our websites, online portal, mobile apps, support platforms, bulletin boards, displays, and other places. You are responsible for the Content that you post on or through our Services, including its legality, reliability, and appropriateness.

By posting Content on or through our Services, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity (“Objectionable Content”). Objectionable Content is strictly forbidden, and we reserve the right to remove such Content and/or to terminate the account of anyone found to be infringing.

You retain every and all of your rights to any Content you submit, post, or display on or through our Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third-party posts on or through our Services. However, by posting Content using our Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Services. You agree that this license includes the right for us to make your Content available to other users of our Services, who may also use your Content subject to these Terms.

 

We have the right but not the obligation to monitor and edit all Content provided by users of our Services. 

In addition, any Content found on or through our Services is our property and can only be used with our permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

10. Prohibited Uses

You may use our Services only for lawful purposes and under the Terms. You agree not to use the Services:

(a) In any way that violates any applicable national or international law or regulation.

(b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. 

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Teja, a Teja employee, another user, or any other person or entity. 

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm or offend Teja or users of our Services or expose them to liability.

 

You agree and undertake not to do the following:

 

(a) Use of Services in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Services, including their ability to engage in real time activities through our Services.

(b) Use any robot, spider, or other automatic devices, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services. 

(c) Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of our Services.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to Teja or our Services.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Teja or our Services, the server on which information of Teja or the Services is stored, or any server, computer, or database connected to Service.

(g) Attack Teja or our Services via a denial-of-service attack or a distributed denial-of-service attack.

 (h) Take any action that may damage or falsify Teja’s rating. 

(i) Otherwise attempt to interfere with the proper working of Teja and our Services.

 

You will be governed by the following Rules of Conduct and Use

  1. General Rules: You agree to comply with all rules and regulations posted in Teja policy documents, in the coworking space and our website, on our online portal, and on our mobile app. These include, but are not limited to, rules regarding noise levels, use of common areas, and respect for other members.
  2. Prohibited Activities: Our coworking space is a non-smoking zone. You are prohibited from engaging in any illegal or disruptive activities in the coworking space, including theft, harassment, and damage to property or other activity that may cause nuisance.
  3. Violation of Rules: We may take disciplinary action against you, including suspension or termination of your membership, for violating any of our rules.
  4. Limited License: We grant you a non-exclusive, non-transferable license to access and use the website, our online portal, our mobile app, and other Services for your personal, non-commercial use.
  5. User Content: You may be able to submit content to the website our online portal, our mobile app, and the other Services, such as reviews, comments, and photos. You retain ownership of your user content, but you grant us a non-exclusive, worldwide license to use, reproduce, modify, publish, and distribute your user content in connection with the website and services.
  6. Prohibited Content: You agree not to submit any content that is illegal, offensive, or otherwise violates these Terms.

You may report Objectionable Content and any concerns or violations through the support links on the online portal or mobile app, via email at [email protected], or by contacting Teja management at +254709655000.

 

11. Analytics 

We may use third-party service providers to monitor and analyze the use of our Services.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en . We also encourage you to review Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245 .

 

12. Accounts

When you make a purchase, you guarantee that you are of legal age and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your License.

You are responsible for maintaining the confidentiality of your personal, company, private, financial, or sensitive information in relation to your License (your “Account”), including but not limited to the restriction of access to your computer. You agree to accept responsibility for any and all activities or actions that occur under Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use the identity of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use any name that is offensive, vulgar, or obscene.

We reserve the right to refuse Services to you, to terminate your License, remove or edit your Content, or cancel your Purchase at our sole discretion.

 

13. Intellectual Property

Our Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress will not be used in connection with any Services without our prior written consent.

 

14. Data Protection Rights

The General Data Protection Regulation (GDPR) shall apply to the services encompassed in this Terms

The Data Protection Act 2019, Kenya shall apply to the processing of personal data and for the protection of rights as provided for in the Act.

 

15. Error Reporting and Feedback

You may provide us directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). 

 

You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback; (ii) Teja may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Teja is not under any obligation of confidentiality concerning the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Teja and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

16. Links To Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. 

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

 

17. Disclaimer of Warranty 

Our Services are provided on an “as is” and “as available” basis. Teja makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content, or materials included therein. You expressly agree that your use of our Services, their Content, and any other products, services or items obtained from us is at your sole risk.

 

Neither Teja nor any person associated with Teja makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Teja nor anyone associated with the Services represents or warrants that the Services, their Content, or any other product, services, or items obtained through our Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any Services or items obtained through the Services will otherwise meet your needs or expectations.

The Service hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

18. Limitation of Liability

Except as prohibited by law, you will hold Teja and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, loss of income or business arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for our Services, and under no circumstances will there be consequential or punitive damages except as may be otherwise permitted by applicable laws. 

 

19. Termination

We may terminate or suspend your Purchase or License immediately, with or without prior notice, for reasons to be given including but not limited to a breach of Terms. 

If you wish to terminate your License, you are required to give prior notice (as stated in clause 5 under the cancellation policy) and discontinue using the Services.

All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  

20. Changes to Services

We reserve the right to withdraw or amend our Services, and any products, services, or items we provide via Services, in our sole discretion, upon giving seven (7) day’s notice. We will not be liable if for any reason all or any part of Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to users, including registered users, upon giving notice unless where it is not reasonably possible to give such notice.

 

21. Amendments to Terms

We may amend the Terms at any time by posting the amended terms of the Services. We will notify you upon undertaking any amendments and it shall be your responsibility to review the amended terms upon notice.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes and you are bound by the reviewed terms. 

If you do not agree to the new terms, you are at liberty to terminate the Services upon termination of your License, subject to applicable termination notice periods.

 22. Waiver and Severability

No waiver by Teja of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Teja to assert a right or provision under Terms shall not constitute a waiver of such right or provision. 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be severed from the entire terms and conditions and be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

22. Acknowledgement

By using or accessing any of the Services provided by us, you acknowledge that you have read these terms of use and agree to be bound by them.

 

24. Contact Us

Please submit your feedback, comments, complaints, and/or requests for technical support through support links on the online portal or mobile app, via email at [email protected], or by contacting Teja management at +254709655000.