Terms of Use

These Terms of Use ("Terms") are an agreement between you and Jilani Place Inc. ("Jilani Place", "we", "our", "us"), a company incorporated in Ontario with its office at 295 The West Mall, Suite 700, Etobicoke, Ontario M9C 4Z4.

They apply when you use any of the following, which we call the "Services":

• jilaniplace.com and our booking pages
• The Floor, our iOS app for members
• My Place, the member area on the web
• Above Board at aboveboard.work, our job board
• room and desk bookings, day passes, membership accounts, the Circle points programme, mentor sessions, printing, and the other services we offer to people who use our workspace

By creating an account, making a booking, or using any of the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. These Terms and your signed agreement

Many of the people who use the Services also have a signed agreement with us: a tenancy agreement, a membership agreement, an office licence, or a virtual office agreement.

Where these Terms and a signed agreement disagree, the signed agreement wins, for everything that agreement covers: your right to occupy space, what you pay for it, its term, its notice periods, and how it ends. These Terms cover the software, the online services, and the parts of the relationship your signed agreement does not address.

House rules posted at the premises also apply while you are on site.

2. Who may use the Services

You must be 18 or older to create an account, make a booking, or post anything. The Floor and My Place are not intended for children, and we do not knowingly collect personal information from anyone under 13 (see our Privacy Policy).

Some parts of the Services are only for current members and tenants of Jilani Place. If your membership or tenancy ends, your access to those parts ends with it.

You must give us accurate information, and keep it accurate.

3. Your account and how you sign in

You sign in to the Floor and My Place with your email address and a six-digit code we send to it. There is no password.

That means your email account is the key to your Jilani Place account. You are responsible for keeping access to your email secure, for everything done through your account, and for telling us promptly at info@jilaniplace.com if you believe someone else has used it.

Do not share your sign-in code with anyone. We will never ask you for it.

We may refuse, suspend, or close an account: see section 17.

4. Bookings, rates and payment

Booking. Booking a room, a desk, a pass or an amenity through the Services creates a binding booking once payment or a confirmed hold is in place. A hold that is not completed expires on its own and reserves nothing.

Prices. Prices shown are in Canadian dollars and exclude HST unless stated. HST is added at checkout and is calculated on the amount actually payable after any discount.

Discounts. Current members receive a member rate on paid time in the shared rooms. Where a promotional code would save more than the member rate, you get whichever is better. Discounts do not stack or compound. Free minutes included with a membership come off first, then the better of the member rate or a promotional code, then account credit, wallet balance and Circle points.

Payment. Card payments are processed by Stripe and, in the app, by Apple Pay. Cafe 295 orders are paid to Cafe 295 through Square. We do not receive or store your full card number.

Changes and cancellations. Changing or cancelling a confirmed booking is not self-serve: contact the desk, and a person will handle it. We will generally accommodate a change where the room is still available. Refunds are issued to the original method of payment. Where money has already been applied as account credit, it stays as credit and is not refunded in cash, except at our discretion.

Late payment. Amounts unpaid when due may be subject to suspension of access to paid services until settled. Nothing here overrides the payment terms of a signed agreement.

5. Circle points, credit and the wallet

Circle points, account credit and wallet balances are a loyalty and account convenience, not money and not property.

• Points never expire while your account is open.
• Points and credit have no cash value, cannot be sold, transferred or exchanged for cash, and are not redeemable except as offered in the Services.
• We may correct an error in a balance, and may reverse points or credit awarded in error, through fraud, or on a transaction that was refunded or charged back.
• Unused points and credit are forfeited when your account is closed, unless the law requires otherwise.
• We may change the perks a tier or a number of points buys, on notice through the Services. Points already earned stay earned.

Hunch, the game. Hunch is a game inside the Floor. Before the market opens you call one stock up or down, and a right call earns Circle points. It is optional and free to play: there is no stake, no purchase and no fee, and a wrong call costs you nothing but your score. The rules of Hunch, including what each prize is and is worth, when a round closes and settles, and how a prize is claimed, form part of these Terms.

• Points earned in Hunch are Circle points and everything in this section applies to them. They are paid only after you answer the skill-testing question in the app, they count toward the monthly limit on bonus points, and a prize not claimed within 30 days lapses.
• Nothing in Hunch is investment advice, a recommendation or a market. A call is a move in a game, not a trade. Prices shown are delayed and may be wrong; a round settles on the prints it has, and a settled round is final.
• One account, one player. We may withhold or reverse a prize earned through more than one account, through automation, or through any other way around the rules, and section 17 applies.
• We may change the rules or end the game on notice through the Services. A change never moves a round that has settled or a prize already earned.

6. Your content, and the permission you give us

You keep ownership of everything you post. Photos, clips, voice notes, posts, comments, replies, portfolio pieces, listings, messages: they remain yours.

The permission you give us. So that we can actually run the Services, you give Jilani Place a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, resize, re-encode, and display your content for the purpose of operating and providing the Services, and to let our hosting and delivery providers do the same on our behalf. That is the whole of it: we do not sell your content, we do not license it to advertisers, and we do not use it in marketing without asking you separately.

This licence ends when your content does. Delete a post, a message or a photo and the licence over it ends and the file is removed. Close your account and every photo, clip and voice note you uploaded is removed. See section 17.

Content you choose to make public. Some pieces on the Floor can be published by their author to the open web, where they appear on jilaniplace.com with your name on them. The app tells you before you do this. While a piece is public, search engines and other services may copy or cache it, and we cannot undo copies made by third parties after you withdraw it. Withdrawing a piece removes it from our site.

What you promise about what you post. You confirm that:

• you own it, or have the right to post it
• it does not infringe anyone's copyright, trade-mark or other rights
• where it shows an identifiable person, you have that person's consent to post it, and to have it shown to other members
• it does not contain anyone else's confidential or personal information that you have no right to share

Feedback you send us about the Services may be used freely and without obligation to you.

7. Acceptable use

The Floor is a working community for people who share a floor. Use it that way.

You may not post, send, or upload:

• anything unlawful, or that promotes unlawful activity
• harassment, bullying, threats, or targeted abuse of any person
• hate speech, or content that demeans a person or group on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability
• sexually explicit material, or any sexual content involving a minor
• graphic violence, or content that encourages self-harm
• anyone else's personal information posted without their consent, including photographs of a person who did not agree to be shown
• spam, chain messages, pyramid or referral schemes, or unsolicited commercial messages to other members
• malware, or anything designed to interfere with the Services
• impersonation of another person, business, or of Jilani Place

You may not:

• scrape, crawl, harvest or bulk-export the member directory, the job board, or any other part of the Services, by any means, automated or not
• use another member's contact details for marketing they did not ask for
• attempt to access an account, record, or file that is not yours
• probe, scan or test the security of the Services, or bypass a rate limit, a paywall, or any access control
• reverse engineer, decompile, or copy the Services or their software, except to the extent the law expressly allows
• use the Services to compete with Jilani Place by soliciting our members away from the floor

There is no tolerance for objectionable content or abusive behaviour. An account used for it can be suspended or closed immediately and without notice.

8. Reporting, blocking, and how we moderate

Every post, comment, clip and message on the Floor can be reported from inside the app, and every member can be blocked. A block stops that member's content reaching you and yours reaching them.

What we do with a report. A person at Jilani Place reviews every report. We act on reports of objectionable content within 24 hours, by removing the content, ejecting the member who posted it, or closing the report if it does not breach these Terms. We may act faster, and we may act on our own without waiting for a report.

We may remove content or restrict an account where we reasonably believe these Terms have been breached, where the law requires it, or where content creates a risk to a person or to the floor. We are not obliged to monitor content and do not pre-screen it, but we do review what is reported.

If you believe content infringes your copyright, write to info@jilaniplace.com with the work, the location of the content, and a statement that you believe the use is not authorized. We will review it and remove content where the claim is made out.

Appeal. If we remove your content or restrict your account and you think we got it wrong, reply to the notice we send you, and a person will look again.

9. Messages between members

Messages you send another member on the Floor are between you and them. They are stored on our own server so the app can deliver them, and they are not read by us as a matter of course. We may access a specific message where it is reported, where we are investigating a breach of these Terms, or where the law requires it.

Anything you send another member can be kept, screenshotted or forwarded by them. Treat a message the way you would treat one on any other platform.

10. The member directory and other members' information

The directory exists so that people on this floor can find each other. What you see there about another member is theirs, given for that purpose.

Do not export it, add it to a mailing list, send unsolicited commercial messages to it, or pass it to anyone outside Jilani Place.

11. Above Board, our job board

Above Board is operated by Jilani Place at aboveboard.work and inside the Floor app.

• Job seekers are never charged, and nobody looking for work is listed publicly.
• No automated system ranks, screens or scores an applicant. A person reads every posting before it appears, and what you write when you raise your hand goes to the employer who posted and to nobody else.
• We are not the employer, we are not a recruitment agency acting for you, and we are not a party to any employment relationship formed through the board. We do not verify an employer's claims beyond a human review of the posting, and we make no promise that a posting will result in an interview or a job.
• Employers are responsible for the accuracy and legality of a posting, including compliance with the Employment Standards Act, 2000, the Human Rights Code, and Ontario's job-posting requirements. Postings must state what the law requires them to state. We may refuse or remove a posting.
• Fraudulent postings can be reported at aboveboard.work/report, with or without an account, and our published handling policy is at aboveboard.work/policy. Your email is optional and is never shown to the employer. Where the law asks for it, we keep reports and our response to them for three years.
• The verified résumé. Where a stint on a member's page is signed by a business, that signature records what that business said, on the date it said it. Jilani Place does not independently verify the underlying facts and is not responsible for what a business attests.

12. Mentors

Mentors on the Floor are members offering their own services to other members. A mentor sets their own terms and their own price.

• Jilani Place is not a party to the advice. We provide the platform, take payment, retain a stated share, and pay the remainder to the mentor after the statement period closes. We do not supervise, endorse, or guarantee a mentor.
• A mentor is not our employee, agent or partner, and nothing in a mentor arrangement creates an employment relationship with us.
• Mentors are responsible for their own taxes, registrations and professional obligations, and for holding any licence their field requires.
• Nothing offered through Mentors is professional advice from Jilani Place. It is not legal, financial, tax, accounting, medical or investment advice from us. If you need professional advice, retain a professional.
• Disputes between a member and a mentor are between them. We will help where we reasonably can, and we may withhold or reverse a payout where a session was not delivered or a payment is disputed.

13. Cafe 295

Cafe 295 is a separate business with its own privacy policy and its own terms. When you order from the cafe inside the app, we pass the cafe your name, your email address, your order, when you want it, and either your suite number or that you will collect it. You pay the cafe through Square on its own page. Questions about an order, its ingredients, allergens, or a refund are for the cafe.

14. The premises, the network, and your property

Access to the premises is governed by your signed agreement and the house rules, not by these Terms.

Guest wifi and the network are provided as a convenience. Do not use them for anything unlawful, to attack or scan any system, or to consume bandwidth in a way that degrades the floor for other people. We may disconnect a device. The network is not private: use your own encryption for anything sensitive.

Your property is your responsibility. We are not a bailee of your belongings, and we do not insure them. Carry your own contents and liability insurance.

Printing and scanning. Documents you send to a printer or scanner pass through our systems to complete the job. Collect your printing promptly.

15. Third-party services

The Services rely on third parties, including Stripe, Apple, Square, Google, and our hosting provider. Your use of those services is governed by their own terms. We are not responsible for a third party's acts, outages or policies.

Links to third-party sites are provided for convenience and are not an endorsement.

16. Apple App Store terms

These Terms are between you and Jilani Place, not with Apple. Apple is not responsible for the Floor app or its content.

• Your licence to use the Floor app is a non-transferable licence to run it on an Apple device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide support or maintenance for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent the law allows, Apple has no other warranty obligation for the app.
• Jilani Place, not Apple, is responsible for addressing any claim relating to the app, including product liability, a failure to conform to a legal requirement, and a claim under consumer protection or privacy law.
• Jilani Place, not Apple, is responsible for investigating and defending any claim that the app infringes a third party's intellectual property.
• You confirm you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance Apple has the right to enforce them against you.

17. Suspension and closing an account

We may suspend or close your access to the Services, with notice where it is practical to give it and without notice where the breach is serious or the law requires it, if you breach these Terms, if your membership or tenancy ends, or if we are required to.

You may close your account at any time from inside the Floor app: Settings, then Close your account. The screen tells you exactly what will be removed before you confirm. Closing is immediate and cannot be undone, and the account cannot be reopened with the same sign-in.

What is deleted, and what is kept. Your profile, posts, comments, replies, likes, follows, messages and the media in them, your Work face, your notification devices, and the sign-in itself are deleted. Business records stay: your customer record, bookings, invoices, payments, signed agreements, the points ledger and a mentor's earnings. Canadian tax law requires us to keep those, and some of them are also somebody else's record. Where a record is both money and identity, it stays with your name replaced by an anonymous marker. The full detail is in section 14 of our Privacy Policy.

Closing your account does not cancel a membership, tenancy or subscription billed separately, and does not settle an outstanding balance. A person at Jilani Place will settle that with you.

Sections that survive the end of your account: 4 (amounts owed), 6 (as to content you made public before closing), 14, 19, 20, 21, 22 and 24.

18. Availability, and changes to the Services

We aim to keep the Services running, but they are provided as they are. We do not promise that they will be uninterrupted, error-free, or available at any particular time. We may change, suspend or withdraw any part of the Services, and we may set or change limits on storage, upload size, or the number of items you can post.

We keep backups so that we can recover from a failure. Backups are for our operations and are not an archive service for you. Keep your own copy of anything you cannot afford to lose.

19. Your consumer rights come first

Read this before sections 20, 21 and 22. Those three sections disclaim warranties, cap what we can be liable for, and ask you to cover us in certain situations. None of them takes away a right you have under Ontario's Consumer Protection Act, 2002, or under any other consumer protection law that says it cannot be waived. Where such a law applies to you, those sections apply only as far as that law allows, and no further.

We are not trying to sign away your rights. We are setting the outside edge of ours.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

20. Disclaimers

To the fullest extent the law allows, and except for the warranties we cannot exclude:

• the Services are provided without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
• we do not warrant that content posted by another member is accurate, lawful, or safe to rely on
• we are not responsible for what one member does to another, online or on the floor
• nothing in the Services is professional advice

This section is subject to section 19.

21. Limitation of liability

Subject to section 19, and to the fullest extent the law allows:

• We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost business, lost data, or loss of goodwill, however caused.
• Our total liability to you for all claims arising out of or relating to the Services, in aggregate, is limited to the greater of (a) the amount you paid us for the Services in the twelve months before the event giving rise to the claim, and (b) one hundred Canadian dollars ($100).

This section does not limit our obligations under a signed tenancy or membership agreement, which are governed by that agreement.

22. Indemnity

Subject to section 19, if someone brings a claim against Jilani Place because of something you posted, sent or uploaded, or because you infringed someone else's rights through the Services, you will cover our reasonable losses and legal costs in dealing with it.

This is deliberately narrow. It covers claims caused by your own content or your own infringement, and nothing else. It does not make you responsible for our mistakes, for another member's conduct, or for a claim you had no part in.

We will tell you promptly about any claim we want covered, give you the chance to take it over, and will not settle it without your agreement, which you will not unreasonably withhold.

23. Privacy

How we handle personal information is set out in our Privacy Policy at jilaniplace.com/privacy-policy, which forms part of these Terms. It covers what the Floor app collects, how photographs are handled, push notifications, the job board, cafe orders, and closing an account.

24. Our own intellectual property

The Services, and the software, design, text, logos and brand of Jilani Place, belong to us or to our licensors. These Terms give you a limited, personal, revocable, non-transferable right to use the Services as they are intended to be used, and nothing more.

Do not use the Jilani Place name, logo or brand without our written permission.

25. Texting and SMS terms

Jilani Place Inc. sends text message updates and responses to coworking customers interested in products and services.

When you opt in, we may send a confirmation message. Message and data rates may apply. Message frequency varies. Text HELP for help and STOP to cancel.

Opt-Out

You can cancel at any time by texting STOP to +1 647-601-5541. After you send STOP, we will send a confirmation that you have been unsubscribed, and you will no longer receive messages unless you opt in again.

Help

If you need help, text HELP to +1 647-601-5541 for instructions on using the service and unsubscribing.

Carrier Disclaimer

Participating carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Carriers are not liable for delayed or undelivered messages.

26. Commercial email

We send promotional email only to people who have given us express consent, and every promotional message carries an unsubscribe link that works without signing in, as Canada's Anti-Spam Legislation requires. Transactional messages (receipts, booking confirmations, invoices, reminders and sign-in codes) are not promotional and are sent whether or not you have opted in to marketing.

27. Changes to these Terms

We may update these Terms. We will post the updated version with a new effective date, and where a change is material we will tell you through the Services or by email before it takes effect. Continuing to use the Services after a change means you accept it. If you do not accept it, close your account.

28. General

• Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in it. The courts of Ontario have jurisdiction, and you and we submit to them. If you are a consumer, this does not deprive you of the protection of the law of the place you live where that law says it cannot be excluded.
• No class proceedings, to the extent the law permits. (Note: Ontario law does not permit us to force arbitration on a consumer, and we do not try to.)
• Severability. If a provision is unenforceable, the rest stands.
• No waiver. Not enforcing a term once does not waive it.
• Assignment. You may not assign these Terms. We may assign them to a successor of our business.
• Entire agreement. These Terms, the Privacy Policy, and any signed agreement between us are the whole agreement about the Services.

29. Contact