Legal

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this mobile application (“App”).

The App is owned by Awfis Space Solutions Limited.

By merely using the App, the User shall be deemed to have contracted with Awfis and have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement.

User’s use of the App and the underlying Work Space Solution offered through the App are subject to and governed by the following terms and conditions (‘Terms of Use’) including the applicable guidelines, policies, terms, and conditions which are incorporated herein by way of reference. If the User transact on the App, it shall be subject to the policies that are applicable to the App for such transaction.

ACCESSING OR OTHERWISE USING THE APP INDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO THE USER SHALL READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of use the User also accepts and agrees to be bound by Awfis Policies (including but not limited to Privacy Policy) as amended from time to time.

When the User uses the App or sends emails or other data, information or communication to Awfis, it agrees and understands that it is communicating with Awfis through electronic records and consents to receive communications via electronic records from Awfis as and when required. Awfis may communicate with the User by email or by such other mode of communication, electronic or otherwise.

1. SCOPE OF SERVICE:

• Awfis shall provide Work Space Solutions as defined below, as per availability and as per request of the User at the listed locations subject to acceptance of the terms and conditions of the Awfis-User Agreement and upon submitting details as required by Awfis and/or applicable laws.

2. DEFINITIONS

• Awfis shall mean Awfis Space Solutions Limited, a company incorporated under the laws of India having its registered office at C-28-29, Kissan Bhawan, Qutab Institutional Area, New Delhi – 110016.
• Work Space Solutions means shared work space, co-working workspace, office solutions, personal workstations, meeting rooms, conference halls etc. in the form of ready to move in and/or use office spaces, desks, cubicles with provisions of basic office equipment, furniture, infrastructure, essential services, security etc. under various formats, on a daily, weekly and monthly basis which may be used by single or multiple user subject to the other terms and conditions.
• User shall mean any person including a corporation/ company/ partnership and/or any legal entity who/which chooses to book and use the Work Space Solution and/or any services, amenities, products etc. offered by Awfis only through Awfis’ mobile App /Awfis Website and accepts all the all the terms and conditions including this User Agreement.

• Accepted Modes of Payment shall include the following:

  i. Under any payment gateway:

  • Online payment of credit cards and debit cards
  • Online banking
  • Wallet offered by payment gateway
  • Stored cards

  ii. Offline modes:

  • Physical swipe of credit cards and debit cards
  • Demand Draft
  • Cheque subject to realization
• Wallet is an online program that allows Users to securely store points and use them at the time of booking and or other transactions instead of cash on the Awfis Application. It allows the User to fill the wallet with points using bank/credit cards or other alternative payment methods. Awfis Wallet is a closed wallet and can only be used for transactions using points in the Awfis site ONLY. User can therefore pay using stored points in their wallet or instantly pay with their stored card or any other accepted mode of payment under this Agreement to book and/or use Work Space Solution and/or any services, amenities, products etc. offered by Awfis. Any such transaction is stored as a contra entry of points in the Awfis wallet.
• Meeting Credits Usage: Meeting credits can be used to book any meeting room of capacity upto 10 seats only. Any meeting Room having capacity more than 10 Seats can be booked with INR amount only.
• Accepted Modes of Communication accepted modes of communication include communication through e-mail/SMS/notification.
• Parties Awfis and User hereinafter collectively referred to as “Parties”.
• Venue Policy It is terms and conditions governing usage of venue over and above the terms of this Agreement and opted by User. Venue is the composite area in which the Work Space Solution offered by Awfis and booked by User through mobile APP or website of Awfis.
• Awfis Now is the ultimate remote working solution that supports your flexibility and on the move requirements seamlessly, just how you want it. Access Awfis’ extensive network of workspaces across 12 cities in India, anywhere, anytime through a one-time purchase of membership plan- instantly.
  Whether you are looking for a place to work at your own pace, a professional meeting room to conduct business meetings and video conferences or simply a space to coordinate with your team members – we have the perfect solution for all your business needs. What’s more – our credit system enables you to easily transfer credits to your team members through a single company account.
• Work Now This offers a single point of access to the Awfis network pan India for all members in the organization. This gives teams the flexibility to book a desk from any of the centres, across Awfis network. Team members do not have to pay every time to book a desk. Work Now credits are transferrable within the team members.
• Meet Now This unique offering gives you the flexibility to pre-book meeting rooms at any of the Awfis centres, across our network for a fixed number of hours as per the package selected. Meet Now credits are also transferrable between team members. Your team members do not have to pay every time to book a meeting room. Transfer the meeting credits to empower your team and boost their productivity.

• Mobility Packages This offers the customers the perfect mix of Work now and Meet Now benefits and offer flexibility to book a desk and a meeting room under one package. Three separate plans are customized to ensure that customers get the perfect mix as per their requirement.

  • In order to book a workstation under Work@Now, or meeting room under Meet@Now or even a Mobility Package, the User must first purchase the desired credits from the website of Awfis and then book a workstation or meeting room using the website of Awfis or the application using the said credits in advance prior to visiting the centre.
  • The purchase of seat credits or meeting rooms credits to book one or more workstations or meeting rooms, does not guarantee a reservation for the respective workstation or a meeting room. This is subject to availability in the centre and the same will be confirmed by the Centre Manager at the location booked by the User and then the booking is reserved.
  • User cannot book a workstation under Work@Now for more than 3 (three) days consecutively using seat credits.
  • The use of a workstation shall only be limited to official usage hours from 8am to 8pm, excluding any Saturdays, Sundays and public holidays.
  • The seat can be either a cabin shared workstation, meeting room shared workstation or fixed seat based on availability. The Centre Manager shall have the discretion to allocate the workstation basis availability.
  • The User shall use the office space for the legal and ethical business purposes only. In case the usage of the space is not in compliance with the above, Awfis shall have the right to terminate the same with immediate effect.
  • Credits purchased on the website have a start and an expiry date which is made clear at the time of purchase. Users are asked to use the same within the given period to avoid expiry of the credits.
  • Once credits are booked on the system, no cancellation is permitted under the policy, and no refunds are offered under any circumstances.
  • Credits once expired cannot be transferred to another user or utilized post expiry date.
  • Credits can be transferred to another individual user, and the same terms and conditions stated here apply to the transferred booking as well. Credits transferred have the same start date and end date as the original booking.
  • Work Now – On purchase of 10 days of Work Now credits, user will get 10 seat credits and 1 seat credit is equivalent to 1 day of usage of 1 workstation.
  • Meet Now – On purchase of 10 hours of Meet Now credits, user will get 10 meeting credits and 1 meeting credit is equivalent to 1 hour of usage of the meeting room.
  • Mobility Packages are a combination of Work Now and Meet Now credits and are also subject to these terms and conditions as applicable.

3. TERMS OF PAYMENT

• The payments shall be made by either of the accepted modes of payment in advance. However, for booking of Work Space Solution beyond period of 30 days the payment shall be made at absolute discretion of Awfis.

4. MINIMUM BALANCE IN AWFIS WALLET

• The User shall be obliged to maintain interest free minimum balance in its wallet which shall be equivalent to and in addition to the booking cost of the Work Space Solution and/or as specified by Awfis that shall be liable to be refunded as per Awfis Refund Policy to the User subject to and upon Awfis receiving/re-entering the Work Space Solution as per the agreed terms and conditions including all due payments/charges for additional service, if any, and confirmation by Awfis about the condition of the infrastructure etc. that was attached to the Work Space Solution given to the User. The deposit shall be made by either of the accepted modes of payment.

5. TENURE/TIMING/DURATION OF USE BY USER

• The User shall be permitted to book through mobile App or Website the listed Work Space Solution and shall be permitted to use the Work Space Solution upon acceptance of request by Awfis and upon acceptance of terms and conditions of the Awfis-User Agreement by the User. The tenure for the term of use of Work Space Solutions by User shall be for the period/duration/timing approved by Awfis after confirmation of such booking. User shall be obliged to punctually follow the stipulations with regard to duration and/or term of use and timings of use.

6. VARIATION/EXTENSION/REDUCTION/RENEWAL OF AGREED TERM PERIOD/ DURATION/TIMING AND/OR LISTED WORK SPACE SOLUTIONS

• The User shall be required to make a request to Awfis through Website or mobile App for any booking of Work Space Solution and the request shall be processed expeditiously by Awfis subject to availability of Work Space Solutions and subject to acceptance of any further terms and conditions by the User and the said booking as accepted by Awfis shall be binding upon the User. The User shall make advance payments for booking as per accepted modes of payment under this Agreement.
• No request for any reduction or curtailment in the agreed period/duration shall be entertained by Awfis under any circumstances and the User shall be liable and accepts the unconditional liability to pay Awfis as per the agreed terms and conditions of the Awfis Cancellation and Refund Policy, notwithstanding the fact that the User ceases to use the Work Space Solution for any reason whatsoever before the expiry of the agreed period/duration.
• AWFIS Mobile Vans are registered with an All India Permit, allowing the vehicle to enter any state in the country. The User shall pay the Mobile Van fare as per the applicable rates and payment schedules mentioned by AWFIS at the time of booking. The User shall also pay parking charges, toll-charges, service tax, state tax and any other fee or levy presently payable or imposed hereinafter under applicable law/s for availing the car rental services.
• Awfis shall have the discretion to alter and/or vary the Work Space Solution given for use to the User as per agreed terms and conditions that shall not only be restricted to reduction of the term/period and variation of place/site/location of the Work Space Solution during the subsisting term/period under exceptional circumstance beyond control of Awfis by serving an advance notice of 30 days through e-mail, SMS, notification upon the User. Awfis shall endeavor to provide a relocated Work Space Solution with similar facilities and infrastructure at any nearby location from the existing location of the Work Space Solution that is sought to be varied and/or altered by Awfis. The agreed terms and conditions shall remain applicable upon the parties after relocation or/and variation. However, in case this variation/reduction/ alteration/relocation is not acceptable to the User it shall have the liberty for a pre- mature termination of the right of use and it shall be charged on a pro-rata basis for the period of usage. However, the User shall have no right to continue usage of the Work Space Solution that has been sought to be varied/ reduced in usage/altered/relocated by Awfis beyond the period approved. The User shall have no right to continue Work Space Solution in the varied /reduced /altered/relocated Work Space Solution beyond the period approved herein. The User shall have no right to continue usage of Work Space Solution in the varied/reduced/altered/relocated Work Space Solution beyond the original period.

7. Control of Accommodation

• The control of accommodation of the Work Space Solution shall at all time vest with Awfis and shall remain the property of Awfis. The acceptance of the terms and conditions by User for usage of Work Space Solution shall not constitute and/or create any lease/sub lease/license in favor of User and the same shall be only constituted as availing the Work Space Solution services provided by Awfis.

8. Right of Modification of Terms and Condition

• Awfis shall have the right to modify/alter/vary/delete/add any of the terms and conditions for usage of Work Space Solution by its User. The User is under an obligation to update itself with any such change made by Awfis in this regard and the effect of any modification/alteration/variation/addition and/or deletion shall become binding thereupon.

9. Pre-mature termination by Awfis:-

• Access of User can be restricted under following circumstances:

  • Non-acceptance by User of any updation made by Awfis in relation to Work Space Solutions.
  • Termination by Awfis of the Awfis-User Agreement.
  • Misbehavior, misdemeanor, nuisance or immoral activities by the User or its associates/affiliates/employees/ guests on account of User.
  • Non-maintenance of minimum Awfis wallet balance by the User.

• Awfis can terminate the Awfis-User Agreement immediately and without any notice in any of the following circumstances:

  • Being either an individual or a company the User is in breach of any of the obligations under this Agreement or persistently breaches the terms of this Agreement or if the breach is capable of rectification in the opinion of Awfis but the User has failed to rectify the same on a reasonable notice as defined by Awfis through accepted modes of communication.
  • Being a company the User has become insolvent, gone into liquidation (i) if it is unable to pay its debts as per the provisions of the Insolvency and Bankruptcy Code, 2016; (ii) if any notice shall have been received by the company for its winding up under Section 271 and 272 of Companies Act,2013 read with the provisions of the Insolvency and Bankruptcy Code, 2016.; (iii) if any resolution shall have been passed by any of its creditors or shareholders to wind up the company whether compulsorily, or otherwise; or (iv) if any petition shall have been filed and admitted by a competent court for winding up of the company; if any other litigation/arbitration proceedings are initiated against company.
  • In the event of any criminal offence or an attempt to commit any criminal offence including misbehavior, misdemeanor, nuisance or immoral activities by the User or its associates/affiliates/employees/guests.

10. RIGHTS AND OBLIGATIONS OF USER:

• The execution of Awfis-User Agreement does not constitute a lease or sublease or license The User shall have right to enjoy services at the Office Space, with right to use, along with other occupants of the Building complex within, which the Office Space is situated along with the common areas in the said Building complex. The User understands and accepts that there are other occupants in the said building complex and that the common areas are for the benefit and use of all such occupants. All common areas and their usage are on a non-exclusive basis and the company has no exclusive right to the same. The Company further undertakes that it shall not in any manner obstruct or otherwise interfere with the use, enjoyment and benefit of the common areas by such other occupants/visitors to the said building complex. The Company shall ensure that at no time during the subsistence of this Agreement, the company shall hinder or impede ingress or egress to the said building complex. The Company shall limit its access to the Office Space alone and shall not have accessn to the common areas or other portions of the said building complex.
• The use of Work Space Solution by the User is a privilege that may be revoked at the discretion of Awfis. If the Awfis-User Agreement is revoked, Awfis may return to the User the wallet balance if any in accordance with its cancellation-refund policy for the remaining period of usage, and the User agrees to return all the Awfis property including but not limited to keys, access cards etc. upon expiration/ termination/ revocation of the Awfis-User Agreement or its right to use the workspace as per this agreement and forfeit its rights thereof.
• The User agrees not to misuse any of the facilities and services provided by Awfis including work Space Solutions for any purpose not envisaged by a written agreement with Awfis. The Company warrants that it has full power and authority to carry out the actions contemplated under this Agreement and that this Agreement constitutes a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms.
• The User agrees that it will comply with all applicable laws, regulatory requirements, regulations etc. in connection with the performance of its obligations under this Agreement, and will not do or permit anything to be done which might cause or otherwise result in a breach of this Agreement or cause any detriment to the transactions herein envisaged.
• The User agrees that it shall carry out only lawful and permitted activities under this agreement from the space offered to them and shall abide by all the laws, rules, regulations applicable to them for carrying out permitted business. The User shall not engage in any illegal business activity in the Work Space Solution, in, or around the building in which work Space Solution is located.
• The User shall always carry valid Identity proof at the time of access and its usage of Work Space Solution.
• The User shall be responsible for providing the correct information. In case, the information is found false/inaccurate/incomplete and/or not in accordance with the terms of usage, Awfis shall have the right to suspend or terminate or block access to the mobile App and also Work Space Solution. The User shall indemnify Awfis for any loss, damage, harassment etc. to Awfis on account of such information.
• Awfis has the right to deduct balance from the User’s wallet without explicit consent from the User in the case of its usage of the Work Space Solution and/or facilities/amenities/products etc. offered by Awfis. However, same shall be intimated to the User by the accepted modes of communication.
• The User agrees that it shall not directly or indirectly hire or employ or induce any employee of Awfis to breach its contract with Awfis anytime during the term of this agreement and One year thereafter. Breach of this provision shall entitle Awfis to seek injunctive relief apart from entitlement to liquidated damages to the tune of Rupees ten lakhs which parties agree to be reasonable estimate of losses caused and not as penalty.
• The User understands and agrees that its use of work Space Solutions may on occasion be disrupted and the User may be required to move/shift to another work area of Awfis and under rare circumstances to vacate the Work Space Solutions entirely. The disruption may include, but is not limited to the need to move to another work area and under rare circumstances to vacate the premises entirely.
• The User agrees that no action shall lie against Awfis for any bad debts or liabilities of the Company and such debts/ liabilities shall not lead to any charge or encumbrance on the Office Space. Further the Company agrees that it has no right and shall not create charge and/or take loan against the Office Space.
• The User understands that it may be required to pay additional fee for events and services that are not included in the Work Space Solution being utilized by the User.
• No User shall have the right of usage except or beyond the purview of the agreed terms and conditions.
• The User shall not maintain or store any inventory of goods in common areas of the spaces housing Work Space Solution that have not been expressly designed for such purpose without prior written permission of Awfis.
• The User must obtain written permission from Awfis to post signs, host events, or otherwise not use the workspace in any way that may impugn on the interest of the membership community.
• The User shall pay the Mobile Van fare as per the applicable rates and payment schedules mentioned by AWFIS at the time of booking. The User shall also pay parking charges, toll-charges, service tax, state tax and any other fee or levy presently payable or imposed hereinafter under applicable law/s for availing the car rental services.
• The User shall only bring Guest as per Guest Policy of Awfis and shall be liable for all acts commissions and ommissions of its guests.
• The User shall not engage in any online business activities of the sort that may damage or impair the functioning of Awfis or any of its partner or user spaces or their services, including but not limited to overburdening or impairing any server or network connected to Awfis.
• The User shall not engage in any online business activities of a questionable moral character or view any objectionable content that may damage or otherwise adversely affect the goodwill and/or reputation of Awfis.
• Awfis shall also neither be liable for any theft of or be held responsible for any other. Property of the User in any manner, nor for injury to persons or loss, damage to property of the User resulting from any cause whatsoever, unless due to any willful act of Awfis.
• In the event the User continues to illegally use the Office Space and fails to remove its belongings therefrom, immediately upon the prior termination or expiry of this Agreement or any extension or renewal thereof, then Awfis shall be entitled to forfeit the security deposit and stop the User from entering the office space, and treat the User as trespasser and charge pre-estimated liquidated damages equivalent to thrice the amount of last paid monthly charges so payable per day for per day of delay in exiting completely from the Office-Space by the User. The above is without prejudice to the rights and remedies available with Awfis in law as well as under this Agreement including but not limited to refraining/restraining the User and its employees and / or its agents from entering into the Office Space.

• The User shall not indulge into any activity that amounts to Cyber Crime of any of the following kinds under INFORMATION TECHNOLOGY ACT:

  • Cyber Crime against persons affecting the personality of individuals e.g. Harassment via E-Mails, Cyber-Stalking, Dissemination of Obscene Material, Defamation, Hacking, Cracking, E-Mail Spoofing, Carding, Cheating & Fraud, Child Pornography, Assault by Threat etc.
  • Cyber Crime against persons property such as Intellectual Property Crimes, Cyber Squatting, Cyber Vandalism, Hacking Computer System, Transmitting Virus, Cyber Trespass, Internet Time Thefts etc.
  • Cyber Crime against government such as Cyber Terrorism, Cyber Warfare, Distribution of pirated software, Possession of Unauthorized Information etc.
  • Cyber Crime against society at large which includes Child Pornography, Cyber Trafficking, Online Gambling, Financial Crimes, Forgery etc.
• The User shall keep his/her notification ON at all times and shall also update his/her phone number / e-mail so as to receive any communication/notification not limited to updates on policies/services offered/charges and/or any modification in terms and conditions of the Agreement if and when made by Awfis.
• The rights/benefits/privileges of the User are non- transferrable in nature and the User cannot transfer or let any third party use the same.
• The User agrees that a failure to enforce any provision of this agreement and/or terms and conditions governing the use of Work Space Solution by the User shall not be deemed a waiver by Awfis of such provision nor of the rights to enforce such provision.
• The User understands that the Work Space Solution shall at all times remain the property of Awfis and Awfis reserves the right to ask the User to relocate to any other nearby Work Space Solution maintained by Awfis in accordance with Awfis-User Agreement.
• The User shall be bound by and comply with any additional terms, conditions and policies provided at a particular Work Space Solution relating to the use of a specific Venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures etc. (“Venue Policies”). The Venue Policies as described under this Agreement shall be applicable at the time of access/ booking by the User and shall be made available on its request.

11. The user and its visitor shall:

• keep the Work Space Solution and the building housing it clean, tidy and clear of rubbish;
• Take good care of the Work Space Solution and the building housing it and not damage any fixture plant, equipment, and services.
• not make any alteration or addition whatsoever to Work Space Solution and the building housing it;
• not install any furniture, partitions, lighting, air conditioning or anything else without the prior written consent of Awfis, if consented to by Awfis the User shall pay additional charges for such usage as demanded by Awfis
• Not use electrical devices that incur a total load of greater than 300W per workstation. The User shall pay additional charges for such usage if agreed to by Awfis at its sole discretion unless with prior written permission.
• Comply with all laws and statutes and not do or suffer to be done anything illegal or immoral or which may become a nuisance, annoyance or inconvenience to use or to any other Awfis user or its guests.
• Comply with all rules and regulations specified in the directory of services.
• Keep Awfis and/or its directors, officials, employees etc., harmless and indemnified against any and all claims, losses, proceedings, or liabilities arising out of use of Work Space Solutions by User.
• Use the Work Space Solutions only as per the definition of Work Space Solution as defined under this Agreement and not for any other use that provide services directly to visiting public etc.
• not to carry on a business that competes with the business of Awfis or associate its trading name or those of its agents in any way that implies a connection of such competing business with the business of the User.
• Not use the Workspace solutions as its registered office or postal address without prior written permission of Awfis.

12. RIGHTS AND OBLIGATIONS OF AWFIS:

• Awfis hereby agrees to let the User run his/her/its business out of the Work Space Solutions for the duration/ period as accepted by Awfis under the Awfis-User Agreement.
• Awfis has a right to terminate the Awfis-User Agreement of the User, if User is found to have contravened any of the terms and conditions contained herein or to have acted in a manner which in Awfis’ sole discretion hampers the use and enjoyment of the Work Space Solutions provided by Awfis and the building where it is located for others, including but not limited to other users of Awfis; the team of Awfis and guests, occupants and contractors of the building where the relevant Work Space Solutions is located.
• The User shall be entitled to participate in any free or paid event upon payment hosted by Awfis or any of its affiliates/partners subject to availability of Space and logistical requirements, decision about the same would be the sole discretion of Awfis.
• Awfis is committed to provide Work Space Solution as defined under the scope of work in User Agreement. The amenities/ complementary services/ paid services and facilities may vary as per the venue. User is obliged to check list of available services, facilities etc. at the time of booking.
• Awfis shall make additional facilities/services/amenities etc. at its discretion on request by User and upon making payment of charges as prescribed by Awfis
• Awfis reserves right of admission of any User to any Work Space Solution and the approval of User or processing of a User Agreement shall not confer any vested rights upon any person/member/user and/or its employees, agents and affiliates etc.
• Awfis shall endeavor to provide a conducive work environment and free access/paid access to all amenities/services/facilities in the Work Space Solutions as per the agreed terms and conditions.
• Awfis shall have the right to restrict the use and provision of certain facilities/amenities/services with advance notice to the User sent through either of the accepted modes of communication.
• Awfis shall have forthwith an unconditional and unilateral right to deny access to the User in the Work Space Solution upon default or delay in payment of the stipulated user charges as agreed between the parties. Awfis shall also be entitled to use such a right if in its decision/opinion the breach of any terms and conditions by the User require emergent denial of access to the User.
• Awfis may use only non-identifiable aggregate data (based partly on IP addresses) collected through the Service to analyse Service usage and system performance. Awfis may conduct surveys, monitor work trend, user behavior etc. Such data may be used by Awfis and shared with third parties in any manner.
• Awfis may provide Non-Public Information to service providers who help Awfis bring the services offered, such as hosting the service at a co-location facility, sending email updates about Awfis, removing repetitive information from its user lists, processing payments, to provide search results, links etc.. In connection with these offerings and business operations, service providers of Awfis may have access to Non-Public Information of the User for use for a limited time in connection with these business activities.
• Awfis may be required to disclose Non-Public Information including information relating to internet data and network traffic etc. pursuant to lawful requests, such as summons or court orders, or in compliance with applicable laws. Additionally, Awfis may share Non-Public Information when it believes it is necessary to comply with law, to protect Awfis’ interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the Awfis name, or to prevent imminent harm. This may include sharing Non-Public Information with other companies, lawyers, agents, government agencies or to any third party.
• Awfis may offer to provide services jointly with other companies and Awfis may share Non-Public Information with that company in connection with such offer or use of that service.

13. CENTRE RULES

In additions to the rules and policies the User/Company shall follow the following rules and obligations while using the Premises:

• All the Users of the Premises shall be above the age of 18 years. Any person who is below 18 years of age can only transact under the registration of his/her legal guardian/parents. Awfis reserves the right to terminate any use or access to Work Space Solution if it is found that the User is ineligible to use the Application on account of being a minor. Any use or access of a Work Space Solution by anyone under 18 except under that of his/her legal guardian/parents is unauthorized and in violation of these Terms of Use.
• The User shall be solely and fully responsible for ensuring that no alcohol/intoxicating substance/drugs/cigarettes/is consumed by any of your Members or guests at Work Space Solutions. Awfis at its discretion may allow usage of alcoholic drinks for specific events etc.
• The User shall not store any goods of hazardous or combustible nature.
• The User shall maintain peaceful environment at Work Space Solution and not disturb other users working at Work Space Solution. The User shall not create any kind of disturbance /nuisance including playing loud music or creating noise by any action or inaction so as to inconvenience others. The User shall not use obscene/abusive language at the Work Space Solution.
• Non-Disparagement: User shall, during and after the participation in and use of the Work Space Solution, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Awfis, or any of its officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
• The User understands that the Awfis Work Space Solution is always under CCTV surveillance and gives its consent for the same.
• The User shall be responsible for the security of its own device. Awfis shall not be responsible for any unauthorized control/access over User’s device/computer system by hackers or crackers.
• The User shall not store any goods, materials or machinery which are so heavy so as to affect the construction or the structure of the Office Space / the said building complex or any part thereof; and
• The User will be responsible for the damages to the Premises exceeding any normal wear and tear. The User shall be responsible for leaving the Work Space Solutions provided by Awfis in the condition that it was given to it. The User may be held liable for the repair and/or replacement cost for all damages to the Work Space Solutions and items therein during its use thereof and the same shall stand adjusted from the User’s wallet and/or shall be payable by User.
• That the User shall notify Awfis immediately in case there is a change in its registered office address, contact, and payment information.
• The User will not perform any activity or cause or permit anything that is reasonably likely to be disruptive or dangerous to us or any other Member Companies, or our or their employees, guests or property, including without limitation the Premises.
• The User shall not entice the third parties for the wrongful gains, in the Premises during the tenure of this Agreement. In case, such enticement is found, wherein the Company for the wrongful gains have acted and caused wrongful loss to any third party/parties, Awfis shall be entitled to terminate this Agreement without assigning any reasons and the User shall completely exit from the Premises on immediate basis without any protest and demur, at User’s own cost and expense. Awfis shall not be responsible in any manner whatsoever for the action taken by such third party/ies or authority against the User for their wrongful gains due to such enticement.
• The User will not use the Premises illegally or in any other nature other than the nature given in this Agreement.
• The User will not install any locks to access the Premises, unless the same is authorized by Awfis in advance.
• The User will not make any copies of any key(s), keycard(s) or other means of entry to the Premises or lend, share or transfer any keys or keycard(s) to any third party, unless authorized by Awfis in advance.
• The User employees or representatives will not allow any guest(s) to enter the building without registering such guest(s) in the logbooks when they enter the Premises and the Company shall be responsible and liable for the activities/actions or omissions of any activity/action of any such guests entering the Premise.
• The User will not take, copy or use any information or intellectual property belonging to Awfis 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. The User will not take, copy or use for any purpose the name “Awfis” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior consent, and this provision will survive termination of this Agreement.
• The User agrees that the computers, tablets, mobile devices and other electronic equipment of the employees or representative or agents of the Company must be (i) kept up-to-date with the latest software updates provided by the software vendor and (ii) kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations. Awfis reserve the right to remove any device from our networks that poses a threat to our networks or users until the threat is remediated;
• The User agrees that if any employee of the Company resigns on his own accord or the services of any employee of the Company, are terminated (on any ground whatsoever) during the tenure of this Agreement, the Company irrevocably agrees and undertake to intimate Awfis in writing, before the expiry of last working day of such employee of the Company, and shall return back all the assets (including but not limited to Identity Card etc.) being held by such resigned /terminated employee, to the Awfis before the expiry of such last working day.
• The User will not use the Premises’ address as Company’s registered office address without obtaining a No Objection Certificate (‘NoC’) from Awfis which shall be at Awfis’ discretion.
• The User irrevocably agrees that before removal of the IT equipments, assets, or any other office fixtures etc. from the Premises, to take a Clearance and No Objection Certificate (CNoC) from Awfis during the tenure of this Agreement. The User also unconditionally undertakes to take such CNoC from Awfis, also at the time of termination of the Agreement (on any ground whatsoever) and if the Agreement is determined by efflux of time. The CNoC shall be subject to clearance of all dues by the Company as per the terms of the Agreement.
• User shall be provided with a digital wallet to be used within the Awfis ecosystem It shall be the responsibility of User to keep its username and password safe and secure. In case the User knows or suspects that someone unauthorized knows its password or any other security breach, then User shall notify Awfis by contacting immediately and in no event later than 24 hours through the address provided in the “Contact Us” section of the Website. Awfis shall not be responsible for any transaction/misuse done on the Awfis wallet with hacked credentials.
• When the User uses the Service, certain information the User posts or shares with third parties (including other Users), such as comments, reviews or other information, may be shared with other users in accordance with the privacy settings user’s select. All such sharing of information is done at the Uses’s own risk.
• The User shall ensure that it does not employ, engage or otherwise use any child labor in circumstances such that the tasks performed by any such child labor whether directly or indirectly related to the premises of Awfis, which is in contravention of the Child Labor (Prohibition and Regulation) Act, 1986, and other related applicable laws. That the User shall ensure that they will follow the rules laid down concerning the minimum age of employment for children.
• The User shall ensure that it does not use forced labor in any form (prison, indentured, bonded or otherwise) directly or indirectly related to the premises of Awfis, which is in contravention of the Bonded Labor System (Abolition) Act, 1976 , and other related applicable laws. That the User shall follow the rules and regulations laid down in this regard.
• Anti-Bribery Obligation: The User shall ensure that none of its affiliates, associate company, business partner, director, officer, agent, employee, or any other person acting for or on behalf of the Awfis or any of its appointed Third Party (here in referred as “Relevant Person”) shall : (i) take any action, directly or indirectly, that would result in a violation of any applicable laws (as amended from time to time) in relation to or connected with all applicable anti-corruption and anti-bribery laws, including, without limitation, using any corporate funds for any unlawful contribution, gift, entertainment or other unlawful payments to any foreign or domestic government official or employee from corporate funds; (ii) offer, pay, promise to pay, or authorize the payment of any money, or offer, give, promise to give, or authorize the giving of anything of value or otherwise permit any of the above, to any officer, employee or any other person acting in an official capacity for any government entity or to any political party or official thereof or to any candidate for political office (individually and collectively, a "Government Official") or to any person under circumstances where such Relevant Person knows or is aware of a high probability that all or a portion of such money or thing of value would be offered, given or promised, directly or indirectly, to any Government Official, for the purpose of securing any improper advantage; in order to assist the third party or any of the its affiliates, subsidiaries or joint ventures in connection with rendering of or fulfillment of any services or any of its obligations under this Agreement, nor shall any Relevant Person accept anything of value for any of the purposes. It has not been and, to the best of its knowledge, no employee, consultant, agent or other person acting on its behalf has been, directly or indirectly involved in any act or omission in violation of any laws in relation to or connected with all applicable anti-corruption and anti-bribery laws nor has it been convicted of any offence under any of the anti-corruption laws.

14. Third Party Advertisement/Signage Rights

• The Work Space Solutions shall at all times remain the property of Awfis and Awfis shall have the right to display advertisement of third parties on the Work space solutions made available to User.
• AWFIS shall provide the User with designated space for display of signage which shall be mutually agreed, as per the building norms/ by laws, at the cost mutually agreed by both the Parties. It is however clarified that any taxes payable to the governmental and/or statutory authorities for putting up such signage(s) shall be borne by the User. It further, clarified that the User shall, at its own cost, manage the upkeep and shall be responsible for approvals, if required. It shall be responsibility of the User to ensure that the display of the signage is in accordance with rules and regulations and bye-laws issued by appropriate authorities from time to time.
• AWFIS shall at its discretion may allow the User to execute internal branding at its own cost within the work areas occupied by AWFIS and at the reception, cafeteria etc.

15. Indemnification of Awfis by User:

• User shall indemnify and keep indemnified and harmless Awfis and its Directors, Officials, Employees etc. of, from and against all actions, suits and proceedings and all costs, charges, expenses, losses or damages which may be incurred or suffered by or caused to the Awfis by reason of any breach, default, contravention, non-observance or non-performance of the terms, conditions and provisions of this Agreement by the User.
• The User shall keep Awfis indemnified and hold harmless in respect of any liability arising on the Awfis as a result of any act of negligence by User or its employees or its authorized agents.
• Notwithstanding anything else in this Agreement to the contrary, the liability of Awfis under this Agreement shall be limited to the fee paid by the Company in last Three months in accordance with this Agreement. In no event shall Awfis be liable for any indirect, incidental, special, consequential or punitive damages, even if Awfis had been advised of the possibility of such damages.

16. DISCLAIMER/ LIMITATION OF LIABILITY

• Except as expressly provided herein, to the maximum extent permitted by applicable law, Awfis disclaims all warranties of any kind, express, implied including the implied warranties regarding the reliability, timeliness, quality, suitability or availability of the services will be uninterrupted or error free.
• AWFIS disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties or merchantability for a particular purpose and non-infringement.
• AWFIS makes no representations or warranties or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services including that of Mobile Van and Virtual Office will be uninterrupted or error free.
• AWFIS does not guarantee the quality, suitability, safety, or ability of third party providers.
• AWFIS reserves the right to change the terms of this User agreement from time to time and shall give notice of such changes to the Users in a timely manner. Notice to the users shall be considered given when such notice is indicated and accessible from the first page accessed after the User log-on to Awfis website/App, by email to the User’s email address provided to Awfis in the User’s account creation or most recent e-mail address provided to Awfis, or by sms to the User’s mobile number provided during the account creation. User agrees that the amended terms and conditions of this Agreement shall be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on Awfis’s website.
• USER agrees that the entire risk arising out of his/her/its use of the services including that of Mobile Van and Virtual Office and any services or goods requested in connection therewith, remains solely with the User.
• AWFIS shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of services including that of Mobile Van and Virtual Office , even if AWFIS has been advised of the possibility of such damages.
• Awfis encourages all its Users to take full responsibility of their belongings. In case of any loss, from the Mobile Van, Awfis shall endeavour to locate the lost belongings on a "best-effort" basis but Awfis shall not be held responsible for such loss or damage.
• If the User leaves any belongings in the Mobile Van or has any complaint in respect of the services or the use of the same, the User shall make a complaint in writing to Awfis within 24 hours from such usage.
• Unless explicitly provided by AWFIS, any specific service or deliverable, obtaining sufficient insurance coverage shall be the obligation/option of the User and AWFIS shall not accept any claim/s arising out of such contingencies.
• AWFIS shall not be liable for delay or failure in performance resulting from causes beyond AWFIS’s reasonable control.

17. FORCE MAJEURE

• Force Majeure Event” shall mean an event where the Office Space or part thereof are destroyed or damaged due to war, terrorism, tempest, flood, fire, cyclone, earthquake, riots, or any other calamity/ act of God preventing the User from accessing the Office Space for a continuous period of ninety (90) Regular Business Days or preventing Awfis from performing its obligations in whole or in part under this Agreement;
• In the event where a Force Majeure Event continues for ninety (90) days and Awfis is unable to repair and restore the Office Space within that time then Awfis and/or User may terminate this Agreement by providing a 30 (thirty) days’ notice in writing and this Agreement shall stand terminated automatically upon the expiry of such 30 (thirty) days. The User shall however be liable to pay to AWFIS, the Monthly Charge as may be payable by the User to AWFIS under the terms and conditions of this Agreement till the date of such termination or exit from of the Office Space.

18. CONFIDENTIALITY

• Both parties shall ensure that during the Term of this Agreement and at all times thereafter it shall keep confidential and cause their respective Affiliates, directors, officers, representatives, employees and agents, as the case may be, to keep confidential any Confidential Information of the other which any such persons / personnel may acquire in relation to the transactions contemplated by this Agreement or in relation to the employees, User’s, business or affairs of the other and shall not use or disclose such information except with the prior written consent of the other. The restrictions in this Article shall not apply to any information:

  • Which is at the date of this Agreement publicly available other than through breach of this Agreement by AWFIS;
  • which was known to AWFIS as evidenced by its written records, prior to it receiving such confidential information;
  • which subsequently comes lawfully into the possession of AWFIS by a third party which did not require any obligation of confidentiality; or
  • which is required to be disclosed in accordance with the requirements of law, any Governmental authority, any stock exchange regulation or any binding judgment, order or requirement of any court or other competent authority.
• For the purpose of this clause “Confidential Information” means all the information of a confidential nature disclosed and marked as confidential in writing by the Company to AWFIS whether before or after the date of this Agreement. Provisions of this Clause shall survive perpetually.
• Notwithstanding any obligation on Awfis, if any confidential information relating to any user of Awfis or that of Awfis comes in knowledge of User, its affiliates, directors, officers, employees, guests, customers and other users of space etc. while in occupation and use of office space, then it shall forthwith bring the same to the knowledge of Awfis and treat and keep the same confidential till the time any specific instruction is given to transfer or dispose-off such information or data.

19. AWFIS COMMUNITY MEMBER/USER POLICY ON PREVENTION OF SEXUAL HARASSMENT

BACKGROUND

• At AWFIS we are committed to highest standards of transparency and accountability. Consistent with our work culture, Awfis is determined to provide a work environment that is free from any form of harassment. We do not tolerate verbal or physical conduct that disrespects or humiliates another person. This naturally also extends to visitors, community members and other people working or visiting our centers.
• Awfis has already put in place a policy for ‘Prevention of Sexual Harassment at Workplace’ for its own employees and visitors as per the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”), however as AWFIS believes in ensuring a workplace where all individuals are treated with respect and dignity in an environment free of sexual harassment, therefore the present policy is made to address issues and provide for a mechanism towards prevention, prohibition and redress of workplace sexual harassment relating to Awfis community members / users and their visitors.

PURPOSE

• Sexual harassment of community member occurring at any of the centers or in other situation in which visitors may find themselves in connection with their interaction with community members is unlawful and will not be tolerated by AWFIS. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.
• The purpose of this policy is:
  • To promote a workplace environment at all centers that is free from sexual harassment, discrimination and any form of victimization
  • To ensure that all persons including community members in AWFIS are made aware that workplace sexual harassment is unlawful and will not be tolerated by AWFIS
  • To alert all employees, managers, supervisors, directors, executives, officers of the organization / community members working out of the Awfis Centers that this policy will be extended and applicable to them in accordance with the existing law and practice,
  • To inform that workplace sexual harassment violates the fundamental Constitutional rights to equality and dignity.
  • To Treat all Sexual Harassment cases against Aggrieved Women as breach of material terms and condition of user policy and deal accordingly.
  • To set out the types of behaviour which may be considered offensive
  • To Nurture and promote gender sensitive and safe working environment for community members at all Awfis Centers and ensure safety from persons coming into contact at such places.
  • To Promptly, confidentially and sensitively address issues related to Sexual Harassment and laying down the procedures for the resolution, settlement or prosecution of acts of Sexual Harassment.
  • To display at a prominent place in all Centers at all Locations, the penal consequences of Sexual Harassments, and constitution of the Internal Complaints Committee and names and details of Members of the Internal Committee.
  • To Organize workshops and awareness programme at regular intervals for sensitizing all community members with the Applicable Laws atleast twice a year at each centre.
  • To provide all necessary facilities for the Internal Committee or the Local Committee for dealing with the Complaints.
  • To make available to the Internal Committee such information as it may require in respect of all Complaints.
  • To provide assistance to the Aggrieved Woman for filing a Complaint under the IPC or any other Applicable Laws.
  • To carry out orientation programs and conduct capacity and skill building programs for all ICC Members as per Applicable Laws once every year.
• This policy is in addition to and not in substitution for such rights as an individual may have under any Law. New and current community members acknowledge that they have been informed of and understand this policy as it is written.

SCOPE AND APPLICABILITY

This Policy shall be applicable to all Awfis centers. Consequently as per the terms and condition of the user policy this policy is applicable to all community members / organizations working out of the centers operated by AWFIS at any of the locations. The community members / organizations which have already put in place a policy to address issues and provide for a mechanism towards prevention, prohibition and redress of workplace sexual harassment and have a working ICC may choose to continue with their existing policy and the present policy will not be applicable to them. However in case the said community members / organizations fail to address any grievance as per law, related to complaint received from Aggrieved Woman and the same is brought to the notice of Awfis, then it shall be treated as a grievance received under this policy and will be readdressed as per the procedure prescribed under this policy.

Definitions

• “Aggrieved Person” shall mean an aggrieved Employee of the community member / organization or a Visitor to the community member / organization who may be affected as victims of Sexual Harassment at any of the Company Premises.
• “Applicable Laws” shall mean all applicable laws in respect of prevention of Sexual Harassment including without limitation the Prevention of Sexual Harassment Laws, IPC and rules there under, and applicable judicial precedents.
• “Complainant” shall mean an Aggrieved person making a Complaint.
• “Complaint” shall mean a complaint of Sexual Harassment made as per this Policy.
• “Conciliation” shall mean conciliation proceedings available to an Aggrieved Woman as per Applicable Laws.
• “Disciplinary Action” shall mean disciplinary action in accordance with the Service Rules.
• “Employee” means an employee on the payrolls of the relevant community member/ organization/ Entity and shall include those regular, temporary, ad hoc or daily wages, whether employed directly, through an agent or a contractor. It includes co- workers, contract worker, probationer, trainee, apprentice on deputation, contract, temporary, part time or full time, or working as consultants or called by any other name.
• “Enquiry Proceedings” shall mean the final enquiry proceedings post issue of Findings and receipt of final representations from the aggrieved person and the Respondent.
• “Enquiry Report” shall mean the final enquiry report issued by the Internal Complaint Committee, listing the recommendations to the Senior Management of community member/ organization/ Entity in respect of a Complaint.
• “Findings” shall mean the findings of the Internal Committee conducted post Preliminary Investigations.
• “Incident” refers to an incident of Sexual Harassment.
• “IPC” shall mean the India Penal Code, 1860.
• “Internal Complaints Committee” or “Internal Committee” shall mean a committee set up in accordance with this Policy.
• “Member” refers to a member of the Internal Committee appointed as per this Policy for handling the case of Sexual Harassment.
• “Personal File” shall mean the personal file of an Employee as maintained by HR of the relevant Company / community member/ organization.
• “Prevention of Sexual Harassment Law” (in short referred to as POSH) shall mean the Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013, and Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Rules, 2013.
• “Remedial Action” shall mean a remedial action against the Respondent in accordance with this Policy or policy of the concerned employer wherever applicable.
• “Respondent” refers to a person committing the act of Sexual Harassment at any Awfis center or against whom a complaint of Sexual Harassment has been lodged.
• “Senior Management” shall mean any person responsible for the management, supervision and control of the community member/ organization/ Entity at the concerned AWFIS center.
• “Service Rules” shall mean the applicable service rules of the relevant community member/ organization/ Entity premises where the Respondent is working, and shall include, without limitation, all standing orders, code of conduct, policies, guidelines and/or any other communication(s) made by the Management in respect of employment or service conditions or related issues, from time to time.
• “Settlement” or ‘Conciliation Settlement” shall mean the terms of settlement arrived at, with the assistance of the Internal Committee, between an Aggrieved person and a Respondent.

WHAT CONSTITUTES HARASSMENT?

• Harassment is any unwelcome verbal, non –verbal or physical conduct that is offensive, demeaning, humiliating, derogatory or any other inappropriate behavior that fails to respect the dignity of any employee. An act can be considered as harassment if:
• It has the purpose or effect of violating the dignity of another.
• It has the purpose or effect of creating a hostile or offensive work environment.
• It has the purpose or effect of unreasonably interfering with an employee’s / community member’s work performance.
• It otherwise adversely affects a person’s employment or career pursuits.

WHAT CONSTITUTES SEXUAL HARASSMENT?

• Sexual Harassment can occur in a variety of circumstances at any of the Awfis Centers, by any of the following:
  • The Aggrieved Person or Respondent may be a woman or a man; and/or
  • The Respondent may or may not be a person of the opposite sex; and/or
  • It may occur without economic injury to the Aggrieved Person; and/or
  • The Respondent or the Aggrieved Person may be a Visitor on any of the Awfis centers.
• Acts of Sexual Harassment include (but are not limited to) unwelcome sexually determined acts or behaviors (whether directly or by implication) listed below which the Aggrieved Person may consider as humiliating:
  • unwelcome physical contact with the Aggrieved Person on any part of the body, or advances which affronts the dignity of the Aggrieved Person; and/or
  • a demand or request for sexual favors; and/or
  • making sexually coloured remarks; and/or
  • showing pornography; and/or
  • any other unwelcome, physical, verbal or non-verbal conduct of sexual nature; and/or
  • implied or explicit promise of preferential treatment in his/her employment in relation to or connected with any act or behavior of Sexual Harassment; and/or
  • implied or explicit threat of detrimental treatment in his/her employment in relation to or connected with any act or behaviour of Sexual Harassment; and/or
  • implied or explicit threat about her present or future employment status in relation to or connected with any act or behavior of sexual harassment; and/or
  • direct and/ or indirect threat, coercion, suggestion that the Aggrieved Person being subjected to harassment would stand to suffer in terms of employment, promotion within his /her organisation in the event the unwelcome advances are spurned; and/or
  • interference with his/her work or creating an intimidating or offensive or hostile work environment in relation to or connected with any act or behavior of sexual harassment; and/or
  • any action, gesture, remark, either by action and / or verbal, which has suggestive sexual overtones either directly, or by inference. Specifically included are any obscene gestures, songs, jokes, comments which affront the dignity of the Aggrieved Person work environment for him / her; and/or
  • Humiliating treatment likely to affect his/her health or safety in relation to or connected with any act or behavior of Sexual Harassment.

CONSTITUTION AND ROLE OF INTERNAL COMPLAINTS COMMITTEE

• Formulation of Internal Committee:

  Awfis has constituted a Internal Committee as per its existing policy which is located at Delhi and the same committee shall be responsible for handling and dealing with Complaints on Sexual Harassment received under this Policy as well. B. Role of Internal Committee:

  • To operate as the receiving and enquiring authority for dealing and investigating all Complaints of Sexual Harassment under this policy and to recommend appropriate action for each Complaint as per this Policy and Applicable Laws to the management of the concerned community member / organization / entity.
  • To provide / recommend interim relief, take possible immediate and appropriate corrective action by doing whatever is necessary to prevent any further Sexual Harassment and make the Aggrieved Person emotionally comfortable in accordance with this Policy and in accordance with the Applicable Laws (e.g. by counselling, providing necessary support services and so on).
  • To submit a detailed report and recommend appropriate Remedial Action in respect of any Complaints, and apprise the Senior Management of concerned community member / organization / entity of the same on a periodic / need basis.
  • Make follow-up inquiries to ensure the Harassment has not resumed or the Aggrieved Person is not being victimized.
  • To facilitate Conciliation for settlement in accordance with Applicable Laws.
  • To ensure complete Confidentiality of all Complaints, Enquiry Proceeding in accordance with law.
  • To take a decision after the Investigations and Enquiry Proceedings against complaints of Retaliatory behaviour against or Victimization of those involved/ associated with the Complaint or Investigation.
  • Submission of Statutory Report and comply with information requirements in the Annual Report.

REPORTING SEXUAL HARASSMENT – HOW TO SUBMIT COMPLAINT

• Complaints to be made by: Any Aggrieved Person including a Visitor or a user/ member of organization / entity may make Complaints to the Internal Committee either for himself/herself or on behalf of another community member / Visitor:
  • Verbally; or
  • Over the phone; or
  • In person; or
  • In written form - through a letter/ e-mail.
• Written complaints: All Complaints will need to be made/ recorded in writing by the Complainant covering all the relevant information in order to commence Enquiry Proceedings.

  (For guidance purposes, please refer to the forms provided in Annexures of the existing Awfis -Prevention of Sexual Harassment Policy for its employees.) If the Complainant is unable to make the Complaint in writing, the Internal Committee shall render all reasonable assistance to such person to register the Complaint in writing, upon receiving a verbal Complaint. C. Time Limit: All Complaints should be made within three (3) months from the date of the Incident. In case of a series of Incidents, Complaints should be made within three (3) months from the date of the last Incident. The Internal Committee may only extend the time limit as per Applicable Law, if satisfied that the circumstances were such that delay was warranted and record reasons for condoning the delay.

ACTION ON RECEIVING A COMPLAINT:

• Settlement by Conciliation: After making a Complaint, and, before commencement of Preliminary Proceedings, an Aggrieved Person may, at their sole discretion, request for Conciliation and settlement. Such Conciliation shall be in accordance with this Policy.
• Preliminary Proceedings:
  • If no request for Conciliation is made by the Aggrieved Person, the following shall take place on receipt of a written Complaint:
  • The Internal Committee will contact the Aggrieved Person at the earliest, no later than three (3) working days from the date of receipt of a Complaint made in the Prescribed Manner. The Internal Committee may also contact the Respondent to obtain the Respondent’s version.
  • Within five (05) working days of receipt of the Complaint, the Internal Committee will organize a Preliminary Meeting with the Aggrieved Person to hear and record her/his allegations.
  • As soon as a Complaint is received, and no later than within seven (07) working days from the date of receipt of written Complaint, the Internal Committee will send one (01) copy of the Complaint to the Respondent.
  • The Respondent will be required to file his/her written reply to the Complaint along with his/her list of documents and names and addresses of witnesses, if any, within a period not exceeding ten (10) working days from the date of receipt of the Complaint by the Respondent in the Prescribed Manner.
  • Immediately thereafter, within three (03) working days, the Respondent shall be asked to present his/her case before the Committee and an opportunity will be given to the Respondent to provide explanation.
  • The Aggrieved Person or the Respondent may also submit any further corroborative material with documentary proof, oral or written material, etc., to substantiate a Complaint at any stage before the Final Proceedings.
  • The Internal Committee may hold the Preliminary Proceedings in any Awfis Location but preferably at the concerned center or outside as it may deem proper.
• Final Proceedings
  • Final Enquiry: Upon completing the Preliminary Proceedings, referred above, the Internal Committee will proceed to make a Final Enquiry into the Complaint as stated in this Section. The Final Enquiry Proceedings shall be completed within four (4) weeks from the date of receipt of the Complaint.
  • Powers of Committee for Conduct of Investigations: For conducting Investigation, the Internal Committee shall be entitled to exercise any of the below referred powers, which shall be the same powers as are vested in a civil court when trying a suit in respect of the following matters:
    • Summoning and enforcing attendance of any person and examining him on oath;
    • Requiring the discovery and production of documents; and
    • Any other powers as shall be informed from time to time.
  • Final Findings: After conducting Investigation and Final Enquiry, the Internal Committee will record their Final Findings in writing in accordance with the Applicable Laws.
  • Final Enquiry Proceedings: A copy of the Final Findings will be made available to the Aggrieved Person and the Respondent and adequate opportunity will be given to each of them to enable them to make representation against the Final Findings before the Internal Committee. The representations of the Aggrieved Person and the Respondent shall be duly recorded in writing.
  • Enquiry Report and Recommendations: No later than ten (10) days of completion of the Investigations and Final Enquiry Proceedings, the Internal Committee shall submit its Enquiry Report along with it’s Recommendation to the Senior Management of concerned community member / organization / entity. A copy of the Enquiry Report will be made available to the concerned parties. It is clarified that the Internal Committee shall not provide soft copies of any Final Finding or any part of the Enquiry Proceedings to any person.
  • The Internal Committee shall record all material facts and evidence gathered during the Enquiry Proceedings and reasons for reaching its conclusions and provide any of the following Recommendations in its Enquiry Report:
    • No Case is Made Out: In the event the Internal Committee determines and Recommends in its Enquiry Report that the allegation against the Respondent has not been proved and/or the Complaint does not fall under the purview of Sexual Harassment, it shall recommend that no action is required to be taken in the relevant Complaint.
    • False Complaint. If the Internal Committee determines in its Enquiry Report that allegations in a Complaint against a Respondent are false and malicious or forged or misleading evidence has been produced by any witness or any Complainant, the Internal Committee shall recommend necessary actions to be taken by the Senior Management of the concerned community member / organization / entity in accordance with its existing policy ( wherever available) or as per this Policy. It is clarified that inability to substantiate is not a false Complaint.
    • Case is Made Out: In the event the Internal Committee determines that a Case is made out, it shall recommend to the Employer / Senior Management of the concerned community member / organization / entity the Remedial Action, in accordance with its existing policy ( wherever available) or as per this Policy.

    DETERMINATION OF ENQUIRY PROCEEDINGS

    • Conciliation and Settlement for Aggrieved person:
      • If the Aggrieved Person requests for Conciliation, in writing, before commencement of Enquiry Proceedings, the Internal Committee shall facilitate and take steps for settling the matter between her and the Respondent through Conciliation. However, no monetary settlement shall be made as a basis for such Conciliation.
      • The terms of Conciliation Settlement shall be recorded by the Internal Committee and forwarded to the Senior Management of the concerned community member / organization / entity to take action as per the Recommendation of the Internal Committee. Copies of such Settlement should be provided to the Aggrieved Person and the Respondent.
      • Where a Conciliation Settlement is arrived at, no further Enquiry shall be conducted by the Internal Committee. B. Remedial Action as per the Enquiry Report:
      • The Senior Management of the concerned community member / organization / entity shall act upon the Recommendation within fifteen (15) days of receipt of the Enquiry Report and the Recommendation(s), as follows:
        • If no case is made out: the Complaint will be dropped after recording the reasons thereof.
        • If a False Complaint or Malicious Evidence is filed: the Senior Management of the concerned community member / organization / entity may take action against the Complainant or person who has made the Complaint in accordance with the Service Rules of the relevant Company / Entity.
        • If a Case is Made Out, the Internal Committee may suggest the following:
          • Initiate Enquiry for Misconduct in accordance with the applicable Service Rules of the concerned community member / organization / entity; and/or
          • Recommend deduction from the salary of the Respondent such sum as it may consider appropriate to be paid to the Aggrieved person and pay compensation in accordance with this Policy; and/or
          • Require a written apology from the Respondent; and/or
          • Direct the Senior Management of the concerned community member / organization / entity to Issue to the Respondent a warning, reprimand or censure, withholding of promotion, withholding of pay rise in increments, terminating the Respondent from service or undergoing counselling session for carrying out community service or any other steps as provided in its existing policy ( wherever applicable).
        • Misconduct: All cases where action of misconduct is required to be taken shall be dealt with as per the Service Rules of the concerned community member / organization / entity that the concerned Senior Management may deem commensurate having regard to the severity of Sexual Harassment. (vi) Compensation. The Internal Committee may award compensation to the Aggrieved person under this Policy upon having due regard to the following:
          • Mental trauma, pain, suffering and emotional distress caused to the Aggrieved Woman; and/or
          • Loss of career opportunity due to incident of sexual harassment; and/or
          • Medical expenses for physical or psychiatric treatment; and/or
          • Income and financial status of the Respondent; and/or
          • Feasibility of payment in lump sum or in installments; and/or
          • If the concerned Employer is unable to deduct from the salary of the Respondent on account of his being absent, or cessation of employment, it may direct the Respondent to pay the compensation amount directly to the Aggrieved Woman; and/or If the Respondent fails to pay the amount, the Internal Committee may forward the order of recovery of the sum as an arrear of land revenue to the concerned District Officer

        APPEALS:

        • Recourse to Court: Appeals against recommendations of the Internal Committee may be made to a Court or tribunal as per the Service Rules applicable to the person making the appeal. Rules are to be prescribed by the appropriate government for manner of making appeals where no service rules exist.
        • Local Committee Local Committee: As per Applicable Laws, Aggrieved person, istead of applying under this Policy, may choose to make complaints against employers of community members / organization or in cases where Internal Committee has not been set up in writing by such community members / organization, to the Local Complaints Committee constituted at a District Area. The Proceeding of dealing with Complaints and Enquiry Proceedings shall be as per Applicable Laws.

        CONFIDENTIALITY DURING ENQUIRY

        • Confidentiality Obligation: Awfis is committed to maintaining confidentiality of the Complaint, and except to the extent required to give effect to the implementation of this Policy, the identity and address of the Aggrieved Person, Respondent, Witnesses, information relating to conciliation and Enquiry Proceedings, recommendation of the Internal Committee and action taken by any Company Entity shall not be communicated, published or made know to the public, press and media in any manner.
        • Permitted Disclosure: Only information regarding justice secured to any the Aggrieved Person without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the Aggrieved Person or the Witnesses may be shared.
        • Breach of Confidentiality Obligation or Permitted Disclosure: Violation of obligation to adhere to the Confidentiality Obligation or Permitted Disclosure, listed above can result in Disciplinary Action against the concerned Committee Member as per Applicable Laws.

        REPORTING OBLIGATIONS

        • Annual Report: The concerned community members / organization / Company / Entity shall include in its Annual Report the number of cases filed, if any, and their disposal under the Applicable Laws.
        • Note : For various formats under this policy, please refer to the forms provided in Annexure of the existing Awfis -Prevention of Sexual Harassment Policy for its employees