GENERAL TERMS AND CONDITIONS
Last update: 19 March 2021
- Acceptance of the General Terms and Conditions
1.1. These general terms and conditions of use (hereinafter “GTC”) govern the registration, use and access to the Cocom mobile software application (hereinafter the “Cocom App”) offered by The Space Behind BV, with registered office at Eduard Van Steenbergenlaan 48, box 2, 2100 Antwerp (Belgium), with company number 0733.609.812, RPR Antwerp, email@example.com (hereinafter “Cocom”).
1.2. Please read these GTC carefully before registering for or using the Cocom App and keep them for your records. By installing, registering, using and/or accessing the Cocom App, you confirm to have read and accepted the GTC, and to be legally bound by these GTC. You will be required to read and accept these GTC prior to the first use of the Cocom App. If you do not accept these GTC, please refrain from installing, registering, using and/or accessing the Cocom App.
The capitalized terms used in these GTC shall have the following meaning:
- Confidential Information: business, technical or financial information relating to Cocom’s business, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
- Cocom App: the application for Android or iOS mobile devices (i.e. mobile phones, tablets or any similar device as they become available from time to time) offered by Cocom under the brand name “Cocom” through which you can access the Services.
- Force Majeure: any unforeseen event which is beyond the reasonable control of Cocom and which prevents, delays or heavily burdens the performance by Cocom (or any person acting on its behalf) of any of its obligations under this Agreement, including but not limited to: natural disasters, epidemic or pandemic, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, or any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labor dispute, government restraint, power or electronic communication network disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party
- Intellectual Property: all of the following legal rights, title, or interest in or arising under the laws of Belgium and the European Union, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, reexamination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.
- Mission: Cocom intends to connect communities for co-city living by offering accommodations/property as a service (PaaS). We place accessibility above ownership ensuring the optimal use of existing space in and around properties in order to add comfort to our Users’ lifestyle. Our dynamic approach towards property enables a property-usage model that allows anyone to live big and spend small. Maintaining this circular interpretation of property, we wish to empower our Users (both hosts and guests) as prolong property lifecycles, improving sustainability and personal growth of our Users.
- Services: the current and future services and functionalities offered through the Cocom App, which provides for an online platform that enables users to publish, offer, search for and book accommodations for hour, day or longer-use.
- User(s): any natural person who is 18 years or older, any legal entity or any partnership that uses the Cocom App, whether as host (i.e. users that publish and offer the accommodations, hereinafter “Host”) or guest (i.e. users that search for, book or use the accommodations, hereinafter “Guest”).
- The role of Cocom – Connecting Communities
3.1. Cocom, through its Cocom App, offers a platform that enables Users to publish, offer, search for, and book accommodations. Cocom does not own, control, offer, lease or manage any of the accommodations. Cocom is not a real estate broker, syndic, lessor, lessee, property manager, insurer or an organiser or retailer of travel packages.
3.2. In pursuing its Mission, Cocom is a facilitator bringing communities together. When the Users make or accept a booking, they are entering into a contract directly with each other. Cocom, as facilitator, is not and does not become a party to any contractual relationship between the Users.
3.3. Cocom links its Users all with a view to promoting its Mission, but it does not and cannot control the performance and behaviour of its Users. Therefore, Cocom does not guarantee (i) the existence, quality, safety, facilities, suitability, or legality of any accommodations or (ii) the correctness of any accommodations, reviews, identity details or other information published by its Users.
3.4. Cocom cherishes its community. Therefore, although its Users accept and acknowledge that Cocom has no obligation to monitor or supervise its Users or their use of the Cocom App, Cocom has the right to review the accounts and publications of its Users (at its own initiative or further to complaints).
3.5. To safeguard the integrity of its community, Cocom may – at its sole discretion and without prior notice – review all publications on the Cocom App, including but not limited in the following situations: (i) to operate, modify, update, secure and/or improve the Cocom App; (ii) to monitor compliance with these GTC; (iii) to comply with applicable local laws or the order or requirement of a court or administrative authority; (iv) to take all actions set out in the GTC or any of its Cocom Policies; and (v) to ensure quality of the Cocom App.
3.6. Cocom may – at its sole discretion and without any prior notice or warning – amend, remove or disable information published on the Cocom App by its Users. Cocom may also – at its sole discretion and without any prior notice or warning – (temporarily or permanently) suspend, remove and/or block Users from all access to the Cocom App, without any indemnity being due to such suspended, removed and/or blocked User (even if such action leads to the cancellation of reservations or a Contract for Use). Cocom shall use its best endeavours to inform its User whenever measures are implemented against such User, but Cocom is not obligated to provide such information prior to the implementation of any measures.
3.7. Any User (whether Host or Guest) is responsible for complying with all laws, regulations, rules, court or administrative orders and/or instructions and/or contracts that (could) apply to it when using the Services. Cocom does not take any responsibility for non-compliance of its Users with all such laws, regulations, rules, court or administrative orders and/or instructions and/or contracts, and the Users hereby agree to release Cocom from any such responsibility and waive any and all claims, as the case may be. Users agree to hold Cocom harmless against any (third party) claims as a result of their non-compliance with laws, regulations, rules, court or administrative orders and/or instructions and/or contracts.
- Registration of Users and use of the application
4.1. Registration. All Users must register an account to access and use the Cocom App and its Services. All Users undertake to provide accurate, current and complete information during the entire registration process, and keep their account information up to date and accurate at all times. Cocom may but has no obligation to (i) ask you to provide identification or other information, (ii) undertake checks to verify your identity, and (iii) screen you against public or third-party databases or other sources and request reports from service providers.
4.2. Confidentiality of credentials – security breach on the User’s side. All Users are responsible for maintaining the confidentiality and security of their account credentials. A User must immediately notify Cocom if it suspects that its credentials have been lost, stolen, or its account is compromised. It is important to note that a User is responsible and liable for all activities conducted through its Cocom App account. Cocom will not be liable for any loss or damages of any kind that may arise as a result of a third party using a User’s Cocom account or login information, either with or without the relevant User’s consent, unless the use is a consequence of a material failure by Cocom to perform on its obligations. Within the same limitations, Users may be held liable for any losses incurred by Cocom or another party due to someone else using the above. It is therefore of the utmost importance to notify Cocom of any security breach, so that appropriate measures can be taken in a timely manner.
4.3. Use of the Cocom App. All Users must use the Cocom App in accordance with the GTC and Cocom Policies. In order to access and use the Cocom App, Users may be required to have certain compatible hardware and software, which is their sole responsibility. Periodic updates may also be required. The use of the Cocom App may be affected by the functioning of all these elements which are not under the control of Cocom. Users acknowledge and agree to use the Cocom App at their own risk, with due care and diligence and subject to compliance with all applicable laws and regulations.
All users warrant that the information published on the Cocom App or it servers (e.g. by e-mail or via the Cocom App) will not be unlawful or otherwise inappropriate for disclosure. If and where applicable, Users will ensure a proper functioning of their hardware, will scan and remove viruses or other contaminating or destructive elements before transmitting information to Cocom’s servers.
No User may use the Cocom App to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any private or commercial purpose the software (including, without limitation, the Cocom App), content or Services provided by Cocom or obtained through the Cocom App without obtaining Cocom’s prior written consent. This restriction includes any attempt to incorporate any information from the Cocom App into any other directory, product or service.
4.4. Rules of usage of the Cocom App. Users subscribe to the Mission of Cocom, and will always act with integrity and respect for other Users. Users will honor their commitments and obligations vis-à-vis other Users (e.g. not cancel on Contracts of Use without having a valid reason), Cocom (e.g. use the Cocom App in accordance with the GTC and Cocom Policies and respect the Intellectual Property of Cocom), and their proper community (e.g. local legislation, community-rules, house rules, etc).
4.5. Reviews. All Users are able to review each other and the accommodations. Whenever publishing a review, the User undertakes to be as accurate and truthful as possible, and to refrain from profanity, offensive, discriminatory, or other language that might infringe the integrity of our Users and/or community. Cocom has no obligation to supervise the reviews, but may remove reviews – at its sole discretion and without prior notice.
- The Services: Guests
5.1. General. Guests are responsible for their own acts and omissions and for the acts and omissions of their invitees to the accommodation booked via the Cocom App. A Guest undertakes to act diligently, preserve the integrity of the Host and accommodation, abide by the house rules of a Host, respect the rights of the Host with respect to the accommodation and leave the accommodation in the same condition as found when the Guest entered the accommodation.
5.2. Booking. Whenever interested in an accommodation, the Guest will need to check the availability of and issue a reservation request for said accommodation to the Host through the Cocom App. Prior to formally placing a reservation, the Guest is able to review and agree to the Host’s house rules, the Cocom Payment Policy, the Cocom Cancellation and Refund Policy, and all charges related to this booking. The charges of a booking includes the rent price, applicable fees, taxes and any other items identified during checkout (hereinafter the “Total Price”). Cocom may charge and collect any security deposit identified during checkout. The Host reviews all booking requests, and when accepted the Guest will be invited to pay the Total Price. As long as the Guest has not paid for the booking, the Host is free to let the accommodation to any other Guest. Only when a payment confirmation is received a contract is formed between the Guest and the Host (hereinafter a “Contract for Use”). The Cocom Cancellation and Refund Policy and any other rules, standards, policies, or requirements identified in the accommodation listing or during checkout form part of the Contract for Use with the Host.
5.3. Contract for Use. Whenever a Contract for Use is concluded between a Guest and a Host, such contract allows the Guest to enter, occupy and use the accommodation. The Host retains the right to re-enter the accommodation during the Guest’s stay, if reasonably necessary and consistent with applicable law. Cocom is allowed to charge reasonable overstay penalties (to the Host and/or the Guest, as appropriate).
5.4. Modification of the bookings. Hosts and Guests are responsible for any booking modifications they agree to make via the Cocom App, and agree to pay any additional amounts, fees or taxes associated with any such modification.
5.5. Cancellation and Refund. If the Guest cancels a reservation, the amount refunded (if any) is determined by the Cancellation and Refund Policy that applies to the Contract for Use. Cocom’s Cancellation and Refund Policy is available at www.cocom.be. If the Host cancels the booking, the Guest may be entitled to rebooking or a partial or full refund under the Cancellation and Refund Policy.
- The Services: Hosts
6.1. General. Hosts are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone they allow to participate in providing the Services. The Hosts are responsible for setting the Total Price, which is an all-inclusive rent price (with all costs and expenses reasonably disclosed) and establishing house rules and requirements for the accommodation. The Host must describe any and all fees and charges in the accommodation description and may not collect any additional fees or charges outside the Cocom App. Cocom will permanently ban Hosts who use the Cocom App but receive additional payments offline for the Services. Hosts are forbidden to encourage Guests to take other actions outside the Cocom App in violation of these GTC and policies.
6.2. Contracting with Guests. When the Host accepts a booking request and receives subsequent payment by the Guest it enters into a contract directly with the Guest (the Contract of Use, as defined above). The Host is then responsible for delivering the Services under the terms and at the price specified in the accommodation publication. The Host also agrees to pay applicable fees and applicable taxes for each booking.
6.3. Cocom Fees. For each booking, Cocom will charge 15% (VAT inclusive) of the Total Price, as defined above, and this amount will be deducted from your pay-out (the “Cocom Fee”). The Cocom Fee is non-refundable, and Cocom preserves its right to modify the Cocom Fee at any time after having given proper notice to its Hosts. Any terms or conditions that the Host agrees upon with the Guest must be consistent with the GTC, the Cocom Policies, and the information provided in the accommodation description. Such terms or conditions must be clearly and prominently disclosed in the accommodation description.
6.4. The accommodation. The accommodation published by the Host must include complete and accurate information about the accommodation, the all-inclusive price (in other words, other charges like cleaning fees, should be included in the listed price), and any house rules or requirements that apply to the Guests. The Host is responsible for any acts and omissions as well as for keeping the accommodation information (calendar, pictures, etc.) up-to-date and accurate, at all times. The Host should obtain consent (if and where required) and adequate insurance for the provision of Services.
6.5. Advertisement and promotion of accommodations. Cocom may promote certain accommodations. For advertisements and the promotion of accommodations, please contact firstname.lastname@example.org.
6.6. Local regulations and legislation. The Host is responsible for understanding and complying with any (tax) laws, rules, regulations and contracts with third parties that apply to the accommodation and provision of Services (including but not limited to restrictions or prohibitions that apply to subletting, short-term rental, obtaining permits and/or licenses, registering Guests, processing personal data, etc).
6.7. Cancellations and Refund. If a Guest cancels a reservation, the amount paid to the Host is determined by the Cancellation and Refund Policy that applies to that reservation. Cocom’s Cancellation and Refund Policy is available at www.cocom.be. A Host should not cancel on a Guest without a valid reason. If the Host cancels on a Guest without a valid reason, Cocom reserves the right to impose a cancellation penalty and other consequences. If the Guest has a right to a refund, the amount the Host receives will be reduced by the amount Cocom refunds or otherwise provides to the Guest, and by any other reasonable costs Cocom incurs as a result of the cancellation. If a Guest receives a refund after the Host has already been paid, or the amount of the refund and other costs incurred by Cocom exceeds the Host’s pay-out, Cocom (via its payment processor Stripe) may recover that amount from the Host, including by way of rerouting payments or offsetting the refund against future pay-outs. These GTC and the Cocom policies pre-empt the cancellation policy, if any, of the Host.
6.8. Modifications of the bookings. Hosts and Guests are responsible for any booking modifications they agree to make via the Cocom App, and agree to pay any additional amounts, fees or taxes associated with any such modification.
6.9. Taxes. The Host is responsible for determining and fulfilling its obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes“). If and when tax regulations require Cocom to collect and/or report Tax information about the Host, Cocom is authorised to do so.
6.10. Representatives of Hosts that are companies, organisations, partnerships, etc. The individual that registers on behalf of, or as part of a business or organisation, is considered the Host and individually responsible and liable for the provision of the Services. Whenever such individual offers the Services and confirms bookings via the Cocom App, such individual represents and warrants to have authority to represent the business or organisation, and enter into a Contract of Use on the business or organisation’s behalf.
- Term and termination
7.1. Term. This Agreement remains in effect until either Cocom or the User terminates the Agreement.
7.2. Termination. Any User may terminate the Agreement at any time by deleting its account, or sending an e-mail to email@example.com, it being understood that the User will make sure that all booked accommodations and Contracts of Use are completed prior to the termination taking effect. Cocom may terminate the Agreement at any time by giving thirty days’ notice via e-mail. Cocom may also immediately terminate the Agreement without prior notice (and thus stop providing access to the Cocom App and its Services) if (i) the User materially breaches the GTC or Cocom Policies, (ii) the User violates applicable laws, (iii) such action is necessary deemed necessary by Cocom to protect its community and/or Mission (e.g. continuous bad reviews, fraud, complaints about conduct or behaviour, subsequent cancellations for no legitimate reason, etc), (iv) Cocom becomes aware of facts that jeopardize the relationship of trust between the User and Cocom or that harm or threaten to harm Cocom’ reputation; or (v) the User does any of the following via the Cocom App: ‘spamming’, ‘hacking’, ‘phishing’, ‘pharming’.
- modifications to the Cocom App / these GTC
The Cocom App’s functionalities may vary from time to time. Should a new service or functionality be made available as part of the Services, you will be informed thereof and you will be free to decide to make use of it or not. These GTC may be amended by Cocom with one (1) month prior notice to the Users. If the User does not wish to accept such amendments, such User has the right to terminate the Agreement and remove the Cocom App.
- Intellectual property
9.1. Cocom and/or its licensors are the owner(s) or beneficiary(ies) of all Intellectual Property rights and know-how associated with the Cocom App. All copyrights, databank rights and software rights in all material contained on, in or available through the Cocom App, including all information, data, text, graphics, and all source codes, software compilations and other material is owned by Cocom and/or its licensors. Nothing contained in the Cocom App shall be construed as granting any license or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of Cocom and/or its licensors without their prior written permission.
9.2. Users may not: (i) modify, translate or adapt any of the components of the Cocom App (including any software associated with it) in any way; (ii) decompile or disassemble any of the components of the Cocom App (including any software associated with it) in any way; (iii) copy any of the components of the Cocom App (including any software associated with it) in any way, except to make a back-up copy; (iv) transfer, dispose of, grant as a sub-license, lease, lend or distribute any of the components of the Cocom App (including any software associated with it) or documentation, in any way or in any form to third parties; (v) merge the Cocom App or any component thereof into any other programs or create derivative works based on (any component of) the Cocom App; (vi) use the Cocom App in whole or in part or any Confidential Information relating thereto to create software that is functionally equivalent to the Cocom App or any part thereof; (vii) use the Cocom App in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or (viii) remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Cocom App.
9.4. Cocom reserves the sole right to correct any errors in the Cocom App, its Services or documentation.
9.5. All Users hereby undertake to immediately inform Cocom of any claim from any third party based on an alleged breach by Cocom of the Intellectual Property rights of third parties as well as to provide all information and support related thereto.
- Use of images
10.1. The Cocom App provides its Users the possibility to share images with other Users that may or may not depict a person’s image. It is the sole responsibility of the Users of the Cocom App to obtain any and all permissions of any person depicted. Cocom does not accept any responsibility should the Users use said images without obtaining permission from the person(s) depicted. All Users understand and accept all responsibility associated with using any image of any person without obtaining written permission.
11.1. The duties and responsibilities of Cocom under this Agreement shall be limited to those expressly set forth and undertaken therein. Cocom shall not be liable – and all Users hereby agree to waive any and all claims in this respect – for any loss (i.e. loss, liability, cost, damages, claim, fees, charges and expenses) directly or indirectly resulting from or in any way connected with:
- The malfunctioning of a User’s device or of any electronic communication network in general of any third party software or hardware;
- Any reason beyond Cocom’s control, including cases of Force Majeure;
- Any delay, data loss or damage in the context of transmission between the Cocom App and the receiver;
- The negligent, illegal, unethical, fraudulent or criminal acts or omissions of Cocom’ service providers and/or any third party;
- Hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors;
- Any breach by a User of any provision of these GTC and/or any abnormal or incorrect use of the Cocom App.
11.2. Without limiting the foregoing, under no circumstances shall Cocom be liable for:
- any indirect, incidental or consequential loss, including but not limited to, loss of or damage to clientele, loss of data, loss of earnings, loss of profits, disruption of business, claims from third parties, reputation or expected savings even if Cocom was advised or was otherwise aware or should have been aware of the possibility or likelihood of such losses and regardless of whether the cause of action is in contract or in tort (including negligence) or otherwise;
- any direct loss other than caused exclusively by Cocom’ own gross negligence or willful misconduct.
11.3. To the extent permitted by mandatory law and notwithstanding any provision contained in the Agreement to the contrary, the aggregate liability of Cocom under the Agreement for any and all losses suffered or incurred by a User and which is not specifically excluded herein, shall not exceed the lower of the total earnings of a User as a result of the Services or EUR 10,000. This limitation of liability applies regardless of the legal grounds or nature of the claim.
- General Disclaimer of warranties
12.1. While Cocom will use reasonable efforts to ensure that all information and documentation relating to the Cocom App is correct, accuracy cannot be guaranteed and Cocom cannot assume any responsibility or liability for the accuracy, completeness or authenticity of any information.
12.2. The Cocom App and any of its components are provided on an “as available” or “as is” basis. All warranties express or implied, are hereby disclaimed, including any warranty of merchantability, quality of information or fitness for a particular purpose. No information obtained by a User from Cocom shall create any warranty. Without limitation and to the extent legally possible, Cocom disclaims all warranties regarding the availability of the Cocom App or related software and its Services except as expressly stated in the Agreement.
12.3. Any content consulted, downloaded or otherwise obtained through the Cocom App is provided at the User’s own risk, and the User is solely responsible for any damage that may result from its use of the Cocom App.
12.4. Cocom will make all commercially reasonable efforts to ensure that the Cocom App is accessible or available 24/7, but cannot guarantee this. Cocom is entitled to make the Cocom App (temporarily) inaccessible or unavailable to one or more Users in order to optimize the Cocom App, including for maintenance purposes or due to technical requirements.
- The User’s liability
A User may be held liable to indemnify Cocom for any damages suffered by it, including without limitation reasonable attorneys’ fees, following from: (i) a violation of these GTC by a User; (ii) a User’s misuse of the Cocom App; (iii) a violation or infringement of copyright or other Intellectual Property or other rights of third parties within the context of the (use of the) Cocom App; and/or (iv) a violation of local laws, regulations and orders of court or administrative authorities.
The relationship of the Users with Cocom is that of an independent individual or entity and not an employee, agent, joint-venturer or partner of Cocom. Cocom does not direct or control the Users’ offered Services and the Users have complete discretion whether and when to provide Services and at what price and on what terms to offer them.
16.1. Entire Agreement. These GTC and the Cocom Policies constitute the entire agreement between a User and Cocom pertaining to the Cocom App, including all updates/upgrades provided to replace and/or supplement the original Cocom App, and to a User’s access to and use thereof.
16.2. Assignment. This Agreement may not be assigned or transferred by a User, without the prior written consent of Cocom. Cocom may assign its rights and transfer its obligations at any time provided it ensures that a User’s rights are still adequately safeguarded after that transfer.
16.3. Severability. If any provision of these GTC shall be held to be invalid, illegal or unenforceable, both Parties shall be relieved of all rights and obligations arising under such provision but only to the extent that such provision is invalid, illegal or unenforceable and provided that each such provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the parties. All other provisions of these GTC shall be regarded as fully valid and enforceable unless otherwise proved.
16.4. No waiver. Cocom’ failure to enforce any provision of these GTC or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
16.5. Applicable law and competent jurisdiction. These GTC shall be governed by and construed in accordance with Belgian law. Any dispute arising out of or in connection with these GTC or the Cocom App shall be submitted to the exclusive jurisdiction of the courts of Antwerp, without prejudice to the rights of the non-professional users to take legal action before any other courts of competent jurisdiction.
If you have any questions about our services, the Cocom App or these GTC, you can contact us by e-mail at firstname.lastname@example.org or by regular mail to: The Space Behind BV, Eduard Van Steenbergenlaan 48-2, 2100 Antwerpen (Belgium).
Latest update: 19 March 2021