Terms & Conditions

This service is operated by PT CUS TODIA, a limited liability company registered in Indonesia, and its subsidiaries and related entities.

Please read these terms and conditions (the Terms) carefully. By accessing and using our website and any content and features therein including our Services, you indicate your acceptance of these Terms and the Privacy Policy any other notices, guidelines and rules published by us on our Services from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy can be accessed from links at the bottom of our webpages.
If you do not accept these Terms please do not access and/or use our Services.

We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
If you have any questions on these terms and conditions, please contact us at hello@custodia.earth

ACCESS REQUIREMENTS

By using this Site you represent and warrant that you have read and consented to our Website Privacy Policy and Cookies Statement.

INTELLECTUAL PROPERTY

This Site including the intellectual property rights subsisting in its content, source code, design, navigational layout and databases (“Materials“) are owned by or licensed to CUSTODIA or its Group. You may use the Site and its Materials only if you comply with these Website Terms and Conditions.

USE OF MATERIALS FROM THIS SITE

If you wish to copy or use any Materials, including without limitation any image, logo or excerpt from this Site you must contact us first for permission, which is at our absolute discretion.
Unless we grant you explicit permission in writing, you are not permitted to use such Materials otherwise than directly for the purpose, and for the temporary period, of your browsing this Site for your honest, bona-fide personal use.
We reserve all of our legal rights and remedies in respect of misuse of Materials from this Site.

UNAUTHORISED ACCESS

You may only access this Site in compliance with all applicable laws, regulations and codes of conduct applicable to you, and for your honest, bona-fide personal use.
You may only access this Site using a desktop or mobile web browser. You must not (for example) automatically or programmatically access this Site, including without limitation through the use of ‘screen scraping’.

You must not:

attempt to access any part of this Site which is not clearly and obviously made available to you via the public navigational menus and links on this Site;
attack our site via a denial of service (distributed or otherwise) or any other attack;
try to reverse engineer or decode any technology or protocol used for the technical operation or administration of this Site; or
try to gain access to any hidden, non-public or protected area of this Site, without prior written permission from us.

DISCLAIMER

CUSTODIA cannot guarantee that there will be no interruptions to or errors in the Site or in its Materials, nor does it warrant that the Site or its Materials are up-to-date or accurate or compatible with your or any third-party equipment or software, or free from viruses or malware.
You must not rely on the Materials on this website for any particular purpose. Access to this Site and the use made of the Materials contained on this Site is the exclusive responsibility of the user. Certain Materials are made available as a convenience only and are not intended to be relied upon including (without limitation) as up to date or always available.
To the fullest extent permitted by law, CUSTODIA excludes all conditions, warranties, representations or other terms which may apply to the site or any of its content, whether express or implied.

LIMITATION OF LIABILITY

CUSTODIA, its subsidiaries and related entities, disclaim responsibility and to the fullest extent permitted by law will not be liable whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, for any loss, damage or injury that is related to or may result from, whether directly or indirectly, any access to or use of the Site or any of its materials, including without limitation any loss, damage or injury resulting from the malfunction of the Site or any breach of security of the Site.

THIRD PARTY LINKS

CUSTODIA assumes no responsibility whatsoever in respect of connection to the content of third party web sites linked to from the Site, nor does it guarantee the absence of viruses, security or integrity of the content of any third party website.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

UPDATES

CUSTODIA reserves the right, at any time and without prior warning, to alter or update the Site, including these Terms and Conditions. The date upon which these Terms and Conditions were last updated is shown above. Please do check back here from time to time to make sure that you remain fully aware of your obligations.

LAW

These Terms and Conditions and the formation of this agreement (and any non-contractual disputes or claims between us) are governed by law in Singapore. In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

DESCRIPTION OF SERVICES

CUSTODIA provides you with access to space, internet access and other services (collectively, “Services”). The Services at all times are subject to the T&C.

NO UNLAWFUL OR PROHIBITED USE

You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair CUSTODIA´s server or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any CUSTODIA server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to.

You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Use of services

YOU AGREE THAT WHEN PARTICIPATING IN OR USING THE SERVICES, YOU WILL NOT:

• Conduct or perform any professional work in Indonesia, Sri Lanka or the respective jurisdiction without having the necessary working permit as required by the respective jurisdiction’s Immigration law;
• Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through CUSTODIA´s servers
• Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
• Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
• Restrict or inhibit any other user from using and enjoying the Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Space Rules).
• Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
• Violate any applicable laws or regulations; or
• Create false identity for the purpose of misleading others.

Photos and videos taken in the space by CUSTODIA staff or contractors are the possession of CUSTODIA and may be used for promotional purposes.

RENEWALS AND TERMINATIONS

This Agreement may be automatically renewed at the end of each period depending on Membership type selected, or as stipulated in a separate contract.

The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. CUSTODIA reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules.

In the case of companionship with automatic renewals, the Companion may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect at the end of the given companionship period. Should Member not provide timely notice of termination to CUSTODIA then the Companionship Period shall continue to the end of the following period and the service fees for that subsequent period shall be payable.

INVOICING AND PAYMENT

If the Companion is subscribed to a companionship with automatic renewals, the Companion is automatically invoiced periodically in advance based on their companionship option, or as stipulated in separate contract. Also included is any variable charges that may have been incurred during the previous period. Payment is required at the beginning of the period for that period, at the date specified in the invoice. Payment for casual usage is paid on the day of use unless other arrangements have been made with CUSTODIA.

CUSTODIA maintains companion confidentiality to the full legal extent
CUSTODIA will keep companions´ information confidential. However, if needed to satisfy any applicable law, regulation, legal process or governmental request, it may be compelled to turn over such information without consent of Companion.

CONFIDENTIALITY

You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by CUSTODIA or any participant in use of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of CUSTODIA, any analyses, compilations, studies or other documents prepared by CUSTODIA or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

Your participation in and/or use of the Services obligates you to

• maintain all Confidential Information in strict confidence;
• not to disclose Confidential Information to any third parties;

All confidential information remains the sole and exclusive property of CUSTODIA or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of CUSTODIA or any participant or user of the Services.

PARTICIPATION IN OR USE OF SERVICES

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that CUSTODIA does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by the applicable law, CUSTODIA provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. CUSTODIA is not liable or responsible for your assets although will assist to the extent feasible to help recover if something is found missing.

REFUNDS/UPGRADES/SECURITY DEPOSITS

All purchases are non-refundable or exchangeable.

Upgrades to any memberships are at the sole discretion of CUSTODIA Management.

USE OF TIME

CUSTODIA tracks hours based on the time members are within the space. It reserves the right to track hours by various means including check-in, keycard pass, barcode entry system, internet usage or any combination of methods. It will track members in increments no larger than 30 minutes.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

To the maximum extent permitted by the applicable law, in no event shall CUSTODIA or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of CUSTODIA, and even if CUSTODIA has been advised of the possibility of such damages.

LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), neither CUSTODIA nor its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C will be held liable.

INDEMNIFICATION

You release, and hereby agree to indemnify, defend and save harmless CUSTODIA, affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by CUSTODIA or its respective officers and agents in connection with the defense of such claim or lawsuit.

SEVERABILITY

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

INSURANCE

As a user, you are not required but it is strongly suggested that you carry a relevant Insurance policy to cover yourself and possessions while using our space.

REFUNDS & CANCELLATION POLICY FOR COLIVING

For each reservation of a Service, the booking specifies the conditions to cancel and/or modify the reservation.

Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed. The exception is for certain special promotions with specific terms and conditions attached to the booking.

When the Special Conditions allow:

• The cancellation of the reservation of a Service can be made directly with the location.
• The modification of the reservation of a Service can be done directly with the location, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.

We have 1 cancellation policy which is as followed:

• Non-Refundable, this rate is 100% non-refundable but can be redeemed as credit toward a future stay for all booking cancellations.

In the event of an interruption of a Service by the Member, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.

In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the room of the location before the time indicated by the location, generally 12 noon on the last day of the reservation. Otherwise, the Customer will be charged for an additional night.