ON DEMAND USER TERMS AND CONDITIONS

GENERAL
a. These terms and conditions (the “Terms and Conditions”), together with the details of your Booking and any other applicable policies and procedures as provided or made available to you from time to time (collectively, the “Agreement”), constitute a binding agreement between you (“you”, “your” or “user”) and A.W. SHARED WORKSPACES L.T.D (“A.W.”, “we”, “our” or “us”) and set forth the terms that apply to your Booking and our services, and describe your rights and obligations in connection with your access to workspaces and services provided as part of, or that are incidental or related to, your Booking (as described herein and as available from time to time, the “Services”) and, to the extent permitted by applicable law, include, inter alia, a class action waiver and an agreement to resolve any disputes that may arise by arbitration. By making a Booking and\or using the Services, you are agreeing that you and anyone on your behalf shall abide by and be bound by this Agreement.
b. If you are making a Booking and entering into this Agreement on behalf of an entity, you represent and warrant that you have all necessary rights, authority and consent to bind such entity to this Agreement. You and any of the users included in your Booking, as well as your guests and other invitees, must be at least 18 years old.
c. Definitions. The following terms shall have the meaning assigned to them in this section below:
“Agreement” means, collectively, these Terms and Conditions (the “Terms and Conditions”), the details of your Booking (the “Booking”), any other attachments, exhibits, and/or supplements, and any other applicable policies and procedures as provided or made available to you from time to time.
“Booking” means your purchase and\or reservation of services and\or workspaces from us, through any website and\or application as evidenced by a confirmation page or email after payment of the Booking fee.  
“capacity” means the maximum number of guests allotted to your Office Space as set forth in the Booking. 
“landlord” means our landlord(s) at the Premises.
“lease” means our lease with our Landlord at the Premises.
“user”, “you” or “your” means the company, entity, or individual making the Booking and entering into this Agreement as listed in the Booking.
“Office Space” means the actual office, conference room, event space, or workspace included in your Booking.
“Premises” means a building or portion of a building in which A.W. offers access, offices, workstations, other workspaces, and/or other services to Users.  
“Regular Business Days” are all weekdays, except local bank/government holidays.
“Regular Business Hours” as stated in your Booking and are generally from 9:00 a.m. to 5:30 p.m. on Regular Business Days.
“A.W.,” “we”, “our” or “us” means A.W. SHARED WORKSPACES L.T.D.
d. Applicable policies and terms of service. In addition to the terms and conditions detailed herein, your Booking and use of the Services are subject to the following, collectively the “Policies”: (i) the House Rules included in these Terms and Conditions, and the House Rules of any A.W. location at which you or your employees, agents, guests and invitees, use your Booking (any such House Rules will be available at the relevant location)(collectively: the “House Rules”), (ii) A.W. policies as notified to you from time to time, including the Privacy Policy, Cookie Policy and Data Connection & Internet Access Terms and Conditions, (iii) the additional guidelines, terms, conditions and/or rules (including additional payment obligations) notified to you as applicable to any additional services you purchase from us, and (iv) any policies or procedures that may be in place at a particular premises, including without limitation local health orders. In order to use your Booking, you hereby agree to these policies and terms of services and any updates thereto. We may from time to time update, amend or supplement our policies and terms of service. You shall be deemed to have accepted such updates, amendments or supplements by continued use of your Booking.  
e. Authorized User. Your Booking is for your personal use only, and you are not permitted to share your Booking with any other person or entity. 
f. Services. Subject to the terms of this Agreement, A.W. will provide you with use and access to the Services at an A.W. premises in accordance with your Booking.  Your Booking and your use of the Premises is solely for professional uses consistent with uses of co-working and flex office space and subject at all times to the permitted uses under our applicable leases.  The Services you are entitled to are those explicitly listed in your Booking details, and may include one or more of the following, subject to the details of your Booking:
(i) One-time daily access, or multi-day access, to and use of common areas, private phone booths, and the kitchens and beverages available at the Premises, on the date and for the time frame as set forth in your Booking.
(ii) One-time access to and use of an Office Space at the Premises on the date and for the time frame as set forth in your Booking.
(iii) Access to and use of the shared internet connection while in the Premises, in accordance with the A.W. Data Connection & Internet Access Terms of Use.
In addition to the Services included in your Booking, you may be able to purchase additional services or add-ons to your Booking directly from us and such additional services or add-ons will be billed to you separately from the fees for your Booking. 
The Services and access to reserved workspaces will only be available to you during Regular Business Hours on Regular Business Days. “Regular Business Hours” are generally from 9:00 a.m. to 5:30 p.m. on Regular Business Days but may differ depending on the type of Service included in your Booking. “Regular Business Days” are all weekdays, except local bank/government holidays unless specified otherwise upon Booking at a particular location.
Certain services are not available under your Booking and A.W. shall not be liable to you for any services not explicitly stated within your Booking. Unavailable services include but are not limited to: (i) acceptance of mail, deliveries and messages, and (ii) use of the Premises or any A.W. location as your registered office. The only Services you are entitled to are those explicitly stated in your Booking details. 
g. Guests. For a Booking of Office Space which permits you to have guests, the total number of guests shall not exceed the maximum capacity stated in your Booking, and the following shall apply with respect to each and every guest you wish to invite: (i) you must notify us in advance of the full name and I.D. number of each guest; (ii) each guest must be registered with the reception desk and may be required to show a valid government issued ID and\or perform additional required steps according to our policies; (iii) you must be present at the reception\entrance to welcome and to escort your guest; (iv) you are responsible for your guest while such guest is in the Premises.    
h. Changes to our Services or these Terms and Conditions. The availability and scope of the Services, the Premises at which the Services are available, the prices at which we make the Services available, and any other provision of this Agreement are subject to change from time to time in our sole discretion. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services, or Premises after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.  The Services may also vary by specific Premises.   
i. Changes or Cancellations. Any change or cancellation of a Booking is subject to the details of your Booking and whether or not your Booking allows for any change and\or cancellation.
j. Data Privacy. We collect, process, transfer and secure your personal data pursuant to the terms of our Privacy Policy, and in accordance with applicable data protection laws.

HOUSE RULES
In addition to any rules, policies and/or procedures that are specific to a Premises used by you, the following House Rules shall govern your Booking, Services and presence at the Premises.
a. You acknowledge and agree that:
i. keys, key cards and other such items used to gain physical access to the Premises or the Office Space remain our property. You will cause your guests to safeguard our property and you shall promptly notify us and be liable for replacement fees should any such property be lost, stolen or destroyed. You must return all keys, key cards and other such items by no later than the end of the duration of your reservation. If it is necessary to provide you with such keys, key cards and other such items, at our sole discretion, they will only provided to you against the deposit of your I.D. as security. If for any reason you do not return the key or key card by the end of the duration of your reservation, you will be charged NIS 90 plus VAT.
ii. you shall promptly notify us of any change to your contact information and you shall promptly notify us and\or the entity processing the payment for your Booking of any change to your payment information
iii. we will provide notice to you of any changes to Services, fees, or other updates via email. It is your responsibility to read such emails and to ensure all relevant individuals on your behalf are aware of any changes, regardless of whether we notify such individuals directly;
iv. carts, dollies and other freight items which may be made available may not be used in the passenger elevator except at our discretion; 
v. for security reasons, we may, but have no obligation to, regularly record certain areas in the Premises via video;
vi. you shall be solely and fully responsible for ensuring that alcohol is consumed responsibly by you and your guests and that no alcohol is consumed by any of your guests who is younger than the legal age for consuming alcohol in the applicable jurisdiction;
vii. common spaces are to be enjoyed by all our users, members and guests unless otherwise instructed by us, and are for temporary use and not as a place for continuous, everyday work; 
viii. you will provide us with reasonable notice of, and complete all required  payment and paperwork, prior to hosting any event at the Premises;
ix. you will be responsible for any damage caused by you, any member of your team or any of your guests;
x. you will be responsible for replacement fees for any item(s) provided to you by A.W. for temporary use should any such property be lost, stolen, or destroyed;
xi. we are not liable for any mail or packages received without an A.W. employee’s signature indicating acceptance;
xii. you may not make any structural or nonstructural alterations or installations (including, but not limited to, wall attachments, furniture, IT equipment, and/or glass paneling) in the Office Space or elsewhere in the Premises without prior approval by us.  In the event that any alterations or installations are made, you shall be responsible for the full cost and expense of the alteration or installation and the removal of such items and the restoration necessitated by any such alterations.  In no event are you permitted to perform any of these actions.
xiii. you and your guests’ computers, tablets, mobile devices and other electronic equipment must be (a) kept up-to-date with the latest software updates provided by the software vendor and (b) kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations.  We reserve the right to remove any device from our networks that poses a threat to our networks or users until the threat is remediated; and
b. No User will:
i. perform any activity or cause or permit anything that is reasonably likely to be disruptive or dangerous to us or any other users, or our or their employees, guests or property, including without limitation the Office Space or the Premises;
ii. use the Services, the Premises or the Office Space to conduct or pursue any illegal or offensive activities; all Users shall act in a respectful manner towards other users and our and their employees and guests;
iii. misrepresent himself or herself to anyone in the Premises;
iv. take, copy or use any information or intellectual property belonging to other users or their members or guests, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement;
v. take, copy or use for any purpose (a) the name “We”, “WeWork”, “A.W.” or any of our other business names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, trade dress, marketing material, other identifiers or other intellectual property (“Intellectual Property”;)  (b) any derivations, modifications or similar versions of the same; or (c) any photographs or illustrations of any portion of a Premises, for any purpose, including competitive purposes, without our prior consent, provided that during the term of your Booking you will be able to use the name of the Premises in plain text to accurately identify an address or office location.  You acknowledge that A.W. owns all right, title and interest in and to its Intellectual Property.  You may not file for ownership rights of any of our Intellectual Property with any governmental authority or use our Intellectual Property in any advertising, including domain names, social media handles, or any form of media invented in the future.  You may not, directly or indirectly, interfere with or object to, in any manner, our ownership rights or the use of our Intellectual Property or engage in any conduct that is likely to cause confusion between A.W. and yourself, without our prior consent, and this provision will survive termination of this Agreement;
vi. film within any Premises, including within the Office Space, without completing all required paperwork and receiving express written consent from A.W.;
vii. use the Office Space in a retail, medical, or other capacity involving frequent visits by members of the public, as a residential or living space, or for any exclusively non-business purpose;
viii. sell, manufacture or distribute any controlled substance, including alcoholic beverages, from the Premises.
ix. use our mail and deliveries services for fraudulent or unlawful purposes, and we shall not be liable for any such use;
x. store significant amounts of currency or other valuable goods or commodities in the Office Space that are not commonly kept in commercial offices. For the avoidance of doubt A.W. we will not be liable for any loss of property; 
xi. make any copies of any keys, keycards or other means of entry to the Office Space or the Premises or lend, share or transfer any keys or keycards to any third party, unless authorised by us in advance; 
xii. install any locks to access the Office Space or anywhere within the Premises, unless authorised by us in advance;
xiii. allow any guest(s) to enter the building without registering such guest(s) and performing any additional required steps according to our policies; or
xiv. operate any equipment within the Premises that has a higher heat output or electrical consumption than in a typical personal office environment, or places excessive strain on our electrical, IT, HVAC or structural systems, with such determination to be made in our sole discretion, without our prior approval; or
xv. bring any weapons of any kind, or any other offensive, dangerous, hazardous, inflammable or explosive materials into the Office Space or the Premises.
c. You are responsible for ensuring your guests comply with all of the above House Rules, and with all rules, policies and/or procedures that are specific to a Premises used by you, and agree that in the event of any penalty or fine resulting from the breach of any such rules, policies and/or procedures, you will be responsible for paying such penalty or fine.

ADDITIONAL TERMS 
a. Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your Users, employees, agents, guests and invitees, waive any and all claims and rights against us  and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “A.W. Parties”) and our landlords at the Premises resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, except to the extent caused by the gross negligence, willful misconduct or fraud of the A.W. Parties.
b. Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of A.W. to you or your Users, employees, agents, guests or invitees for any reason and for all causes of action, will not exceed the total fees paid by you to us under your Booking. None of the A.W. Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, or any loss of profits or business interruption. You acknowledge and agree that you may not commence any action or proceeding against A.W., whether in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
c. Indemnification. You will indemnify A.W. from and against any and all claims, including third party claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach or alleged breach of this Agreement by you or your Users or your guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud by A.W. You are responsible for the actions of and all damages caused by all persons and pets that you, your Users or your guests invite to enter any of the Premises, including but not limited to any vendors hired by you that enter the Premises.  You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon A.W. unless you have first obtained our written consent.  A.W. shall not be liable for any obligations arising out of a settlement made without its prior written consent. 
d. Insurance. You are responsible for maintaining, at your own expense and at all times during your use of the Services, insurance customary for your business activity, including commercial general liability insurance, employer's liability coverage and workers’ compensation insurance and any other types of insurance and in amounts appropriate to your business. 
e. Pets. You may not bring any pets into the Premises.
f. Other Users. We do not control and are not responsible for the actions of other users or any other third parties. If a dispute arises between users or their invitees or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party
g. Third Party Services. Services do not include, and we are not involved in or liable for, the provisions of products or services by third parties (“Third Party Services”) that you may elect to purchase in connection with your use of the Premises, even if they appear on your A.W. invoice. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. These Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services. 
h. Privacy. We collect, process, transfer and secure personal data about you and your Users pursuant to the terms of our Privacy Policy, which can be found on our website (www.wework.com/legal/privacy), and in accordance with all applicable data protection laws.  Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will and with your explicit consent granted herein by execution of this Agreement. You hereby (i) undertake, where necessary, to obtain consent from such Member to the collection, processing, transferring and securing of data described herein and (ii) confirm that you in fact collect and process such Member’s personal data in accordance with applicable law.

ARBITRATION AND CLASS ACTION WAIVER 
a. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of Israel.  
b. Venue. Any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled by an arbitrator under the Arbitration Law 5718-1968. In the event that agreement on the identity of the arbitrator is not reached within 10 days of one party contacting the other with a request to appoint an arbitrator, the Parties shall approach the Chairman of the Israeli Bar Association to appoint an arbitrator. This Section constitutes a valid arbitration agreement between the parties, under the Israeli Arbitration Law 5718-1968.  The place of arbitration shall be Tel Aviv, Israel.  The arbitration proceeding will be confidential, and the arbitrator will be required to rule according to substantive law that applies in Israel, but without being bound by procedure or the law of evidence. The arbitrator will also be obligated to provide reasons for the decision.  
c. Proceedings; Judgment. The proceedings shall be confidential and in Hebrew.  The award rendered shall be final and binding on both parties.  Judgment on the award may be entered in any court in Tel Aviv with the competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. 
d. Class/Group Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.  Neither you nor we will seek to have any dispute heard as a class or group action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding.   YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS OR GROUP REPRESENTATIVE OR CLASS OR GROUP MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

MISCELLANEOUS
a. Nature of the Agreement; Relationship of the Parties. The whole of the Premises and Office Space remains in our possession and control. Your agreement with us is a contract for the provision of services and we are giving you the right to share with us the use of the Office Space so that we can provide the Services to you.  Notwithstanding anything in this Agreement to the contrary, you and we agree that our relationship is not that of landlord-tenant or lessor-lessee and this Agreement in no way shall be construed as to grant you or any User any title, easement, lien, possession or related rights in our business, the Premises, the Office Space or anything contained in or on the Premises or Office Space. This Agreement creates no security of tenure, tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose.  You acknowledge and agree that you are entering into this Agreement for the purposes of and in the course of your trade, business and/or profession, and not as a consumer.  Neither party will in any way misrepresent our relationship.
b. Waiver. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party. 
c. Subordination. This Agreement is subject and subordinate to our Lease and to any supplemental documentation and to any other agreements to which our Lease is subject or subordinate.  However, the foregoing does not imply any sublease or other similar relationship involving an interest in real property.
d. Extraordinary Events. A.W. will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond A.W’s reasonable control, including without limitation (i) any delays or changes in construction of, or A.W’s ability to procure any space in, any Premises, (ii) any delays or failure to perform caused by conditions under the control of our landlord at the applicable Premises, (iii) any limitations and\or restrictions imposed by the government or any relevant authority, and (iv) force majeure.
e. Severable Provisions. Each provision of this Agreement shall be considered separable. To the extent that any provision of this Agreement is prohibited or otherwise limited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law. 
f. Survival. All provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement will do so, including but without limiting, sections 1, 4 and 5.
g. Notices. Any and all notices under this Agreement will be given via email and will be effective on the first business day after being sent. All notices will be sent via email to your email address specified on your Booking and to our email address specified on your Booking, except as otherwise provided in this Agreement.  In the event that we receive multiple notices from different individuals within your company containing inconsistent instructions, the notice received by the individual whom made the Booking will control unless we decide otherwise in our reasonable discretion.
h. Headings; Interpretation. The headings in this Agreement are for convenience only and are not to be used to interpret or construe any provision of this Agreement.  Any use of “including,” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate. References to any times of day in this Agreement refer to the time of day in the Office Space’s time zone.
i. No Assignment. You may not transfer or otherwise assign any of your rights or obligations under this Agreement (including by operation of law) without our prior consent.  We may assign this Agreement without your consent.
j. Anti-Money Laundering. You hereby represent and warrant that at all times you and your Users have conducted and will conduct your operations in accordance with all laws that prohibit commercial or public bribery and money laundering (the “Anti-Money Laundering Laws”), and that all funds which you will use to comply with your payments obligations under this Agreement will be derived from legal sources, pursuant to the provisions of Anti-Money Laundering Laws. You will provide us with all information and documents that we from time to time may request in order to comply with all Anti-Money Laundering Laws.
k. Anti-Corruption Laws. Neither you nor any of your directors, officers, employees, agents, subcontractors, representatives or anyone acting on your behalf, (i) has, directly or indirectly, offered, paid, given, promised, or authorized the payment of any money, gift or anything of value to: (A) any Government Official or any commercial party, (B) any person while knowing or having reason to know that all or a portion of such money, gift or thing of value will be offered, paid or given, directly or indirectly, to any Government Official or any commercial party, or (C) any employee or representative of A.W. for the purpose of (1) influencing an act or decision of the Government Official or commercial party in his or her official capacity, (2) inducing the Government Official or commercial party to do or omit to do any act in violation of the lawful duty of such official, (3) securing an improper advantage or (4) securing the execution of this Agreement, (ii) will authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement, the Services or the Office Space. For purposes this section, “Government Official” means any officer, employee or person acting in an official capacity for any government agency or instrumentality, including state-owned or controlled companies, and public international organizations, as well as a political party or official thereof or candidate for political office.
l. Compliance with Laws. You hereby represent and warrant that at all times you and your Users have conducted and will conduct your operations ethically and in accordance with all applicable laws. You are responsible for compliance with any regulations and rules relating to worker protection, workplace regulations and associated assessments and A.W. shall have no liability in this respect.