Nooka Space SA, a legal entity organized according to the Romanian Law, based in Cluj-Napoca, Buna Ziua str., No. 34-36, 2nd Floor, Cluj County, Romania, Registration Number J12/3823/2020, Fiscal Code 43344423, is the developer of the NOOKA SPACE project, a smart home garden office rental solution – the world’s first network of smart proximity office spaces – designed for people who work remotely, but who do not wish to do this from their home, but from a space that offers them all the facilities that a modern office space can offer.
There are several types of “Nooka” office spaces (the Nookas), designed to meet as many needs as possible, such as Nookas offering one or two working spaces, Nookas that provide the possibility of air quality monitoring, Nookas with classic or smart heating and cooling, Nookas that provide smoke detection sensors or Nooks that offer the possibility to control certain facilities via a mobile app or not.
This terms and conditions apply to any and all of the end user that book a Nooka through the Nooka app.
By making a booking through the Nooka app, all the end users accept this terms and conditions and undertake the obligation to comply with all the terms and conditions.
If you are booking a Nooka through the app, you are an end user and you accept this terms and conditions and undertake the obligation to comply with all the terms and conditions.
I. CHOOSING YOUR NOOKA. OBJECT OF THE CONTRACT CONCLUDED WITH NOOKA SPACE SA
In order to choose your Nooka, you need to authenticate within the app. For authentication you can choose between an email account, or just simply use the social logins available on your phone (Apple, Facebook). Once signed in, we will ask for Location access, to be able to load the closest Nookas to you, and you will then be landing on the app’s core: the Dashboard.
If you choose not to give us access to your location, you will be able to type in the location where you would like to find a Nooka, so that you will access the app’s core: the Dashboard.
If there are Nookas around you, we show them on the map preview. Opening the map, you can browse through the Nookas in your area, quickly check the important information about them and be able to choose your desired Nooka. Also, you can navigate through other areas and search for other Nookas.
If we could not locate any Nookas around you, you can use the Request a Nooka in your area feature from the Dashboard, to tell us where exactly you would like to have an available Nooka. The more requests we receive, the higher the chance we can place a Nooka there for you. So, feel free to share the service with your friends!
We also show some recommended Nookas for you, so you can check out the Nooka Details: images, location, features, price, availability, health and safety guide.
Once you’ve made your choice, just follow the steps and book your Nooka easily. Choose the desired date, time interval, securely add your card and pay for your stay.
Nevertheless, there is also the possibility of instantly booking a Nooka, that you happen to come across during your journey. From the bottom bar of the app, you can instantly book a Nooka next to you. Scan the QR code you find on the door and book your slot within seconds, select the desired date and time interval, pay the price and just jump in.
Once you selected your Nooka according to the abovementioned procedure, you will conclude a rental agreement with Nooka Space SA having as object the Nooka you chose, Nooka Space SA providing you with the right to use the Nooka you chose, for the desired date and time interval, in return of your obligation to pay the rental price of the Nooka, which will displayed by the app during the booking process and to which you agree by completing the booking process and paying the price.
For each Nooka, the specifications, facilities, and features, as well as the duration of the rental agreement and the price thereof will be provided during the booking process once you have made your choice.
II. THE RENTAL PRICE
After you have made your choice, you will receive a summary of your booking displaying the specifications, facilities and features as per your choice, the duration for your rental contract concluded with Nooka Space SA, as well as the price you need to pay for using the chosen Nooka for the chosen time interval.
You will not receive a booking confirmation, and you won’t be able to use the chosen Nooka before full payment of the rental price.
In all cases, you will pay the rental price using a debit card or credit card directly in the app, through our payment provider, Stripe. The currency in which the price will be paid, will be displayed during the booking process.
By completing the booking process and agreeing to this terms and conditions applicable to the rental agreement concluded between you and Nooka Space SA for the chosen Nooka, you expressly agree that any amounts due under this terms and conditions will be made debiting the credit or debit card used within the app.
You will bear all the costs of the payments provided for in this terms and conditions, such as, for example, bank fees relating to such payments.
III. USING THE NOOKA
You shall use the Nooka as set out in this terms and conditions and in compliance with the provisions of the Nooka User Manual.
You will be able to use any of the features and facilities of the Nooka you chose only through the app.
The Dashboard will always show your next booking in the header, so you can’t miss it and we will remind you right before it starts. As your booking gets active, you can access and control your Nooka. Open the door, set your preferred temperature and adjust the lights as you wish, right from the app! Create an atmosphere that makes you enjoy your stay.
As user of the Nooka, you undertake the obligation to preserve the integrity of the Nooka, not to produce any damage either to the Nooka and to the goods, facilities, utilities therin.
You do not have the right to make any changes to the structure of the Nooka or in any way affect the integrity of the walls, electrical systems and any of the other functionalities of the Nooka. You are not allowed neither to change/replace the Nooka’s closing/opening system, nor to disable the GPS and/or UPS with which the Nooka is equipped.
If you fail to fulfil any of the obligations set out in this chapter and/or you or any other person, to whom you allow access inside or to the Nooka, damage the Nooka, its structure, walls, furniture, electrical systems and/or any other functionalities, you shall be held liable for such damage and will be required to fully repair any damage (actual damage and unrealized benefit) caused this way to Nooka Space SA.
You shall not have the right to sublet the Nooka or, in any way, assign the right to use the Nooka to any natural or legal person.
For the whole duration of the rental contract you entered in according to this terms and conditions, you will ensure the legal guardianship of the Nooka, Nooka Space SA having no obligation in this respect. Thus, you are responsible for any damages suffered by any natural or legal person and/or their goods during the whole duration of such rental contract.
Nooka Space SA shall have the right to inspect the Nooka, at any time, through a representative, in order to verify that you are fulfilling the obligations set out in this terms and conditions with regard to the use of the Nooka and also to verify the Nooka’s condition.
IV. DURATION OF THE RENTAL CONTRACT
The rental contract is concluded for the duration set forth in the booking confirmation issued within the app.
V. WITHDRAWAL RIGHT.
As a rule, you shall have the right to unilaterally terminate this contract (to withdraw from the contract), within 14 days following the conclusion of the rental contract under this terms and conditions. The date of conclusion of the rental contract is the date on which you submit your agreement for the booking of the Nooka and make the payment of the rental price.
The decision to withdraw from the contract shall be communicated to Nooka Space SA at the email address support@nookaspace.com, using the form provided in this respect.
Once your withdrawal request has been received, you will receive a full refund of the paid rental price, within 14 days following the receipt of your withdrawal request in the bank account indicated in your withdrawal request. The refund will be done through Stripe, the same payment provider as the one used when you made the payment.
You hereby declare that, by way of exception, if you have already benefited from our services – namely, if you already exercised your right of use of the chosen Nooka for the whole duration of the rental contract – you will no longer have the right to withdraw from the contract and, thus, in such a case, are not entitled to any refund of the rental price.
VI. LIABILITIES
You undertake the obligation to indemnify Nooka Space SA for any damage suffered by Nooka Space SA and/or its affiliates, directors, representatives, employees, consultants and/or agents resulting from the breach of any of your obligations arising out of and/or in connection to the provisions of this terms and conditions.
You also undertake the obligation Nooka Space SA for any damages caused to Nooka Space SA by any third party you gave access within the Nooka (including, for the avoidance of any doubt, those suffered by any of your representatives, directors, employees, contractors, guests, guests and/or agents), resulting from and/or related to the use of the Nooka by any of the abovementioned third parties.
Under this terms and conditions, you also undertake not to hold Nooka Space SA and/or its affiliates, directors, representatives, employees, consultants and/or agents liable in any action, process, procedure or claim brought or made by any third party against you resulting from and/or related to the use of the Nooka.
You undertake the obligation to pay any damages of any kind or amounts to the extent that such damage suffered by third parties arise in connection with or relates to: (i) any breach of this terms and conditions on your behalf or (ii) any other conduct or lack of conduct on your behalf or on behalf of any of your agents, guests or pets arising out of and/or related to the use of the Nooka, including but not limited to any violation of applicable laws or regulations, as well as negligence or misconduct on your behalf or on behalf of any of your agents, guests, pets arising and/or related to the use of the Nooka.
The total liability of Nooka Space SA and/or its affiliates for material damage caused to you or to any of your agents, guests or pets by fault, recklessness or negligence arising from this terms and conditions and/or related to the use of the Nooka shall not exceed EUR 1,000. Nooka Space SA and/or its affiliates shall not be liable for material damage caused to the your property and/or your employees’, agents’, collaborators’ or guests’ property, recklessly or negligently, arising out of this terms and conditions and/or related to the use of the Nooka.
The provisions of this terms and conditions shall not limit or eliminate the rights of the parties resulting from the applicable law.
Nooka Space SA has a right of retention over all your goods that are in the Nooka until any amounts you owe on the basis and/or in connection with these terms and conditions are paid. In this respect, all goods located in the Nooka, which are not owned by Nooka Space SA, are presumed to be yours.
Upon termination of the rental duration, youwill immediately hand over the Nooka to Nooka Space SA, in the state in which you took over it when you started using it. Failure to comply with this obligation triggers your obligation to pay delay damages amounting to EUR 100/day, payable starting with the due date, until the obligation is fulfilled.
If, upon termination of the rental duration you do not immediately proceed to handing over the Nooka, Nooka Space SA shall be authorized to enter the Nooka and to change the access code/closing system. You hereby declare that you waive the right to be notified under Article 1038 of the Romanian Code of Civil Procedure, in so far as these provisions are deemed to be applicable, for handing over the Nooka, thus, recognizing Nooka Space SA’s right to resort directly to the evacuation procedure.
VII. MISCELLANOUS
The law applicable to this terms and conditions and, thus, to the rental agreement is the Romanian Law.
Any disputes arising between the parties in connection with this terms and conditions and/or the rental contract, if they are not settled amicably, will be settled by the courts of Romania, Cluj-Napoca, the applicable law being the Romanian Law.
This terms and conditions contain all the agreements of the parties and replaces, from the date of signature, any other negotiations, arrangements and contracts prior agreed or concluded by the parties.
You hereby expressly declare that you accept all the clauses of this terms and conditions, that you fully read them and fully understand all of its terms and legal implications.
Any correspondence under this terms and conditions shall be deemed to be valid only in writing and only if it is transmitted in any of the following ways:
(i) by personal handover, with acknowledgement of receipt;
(ii) by post, by registered letter with acknowledgement of receipt, to the addresses of the parties referred to in the introductory part of this contract;
(iii) by courier, with acknowledgement of receipt, to the addresses of the parties referred to in the introductory part of this contract;
(iv) through a bailiff, under the law;
(v) by e-mail, for the you at the email address provided during the authentification process and for Nooka Space SA at the following email address: support@nookaspace.com.
