The terms and conditions below (the “Website Terms”) apply to the accessing, browsing and use of the Website by you (the “User”, “you”, or “your”). The Website is available for you to use conditional on your acceptance of the Website Terms. By accessing, browsing or using the Website, you agree to be legally bound by the Website Terms. If you do not accept the Website Terms, you must not access or use the Website.
We may change the Website Terms at any time. Notice of any changes will be displayed on the Website. Your continued use of the Website following any change to the Website Terms shall mean that you accept that change and you will be bound by the Website Terms as varied. You should familiarise yourself with the Website Terms and check for updates regularly.
Any questions about these Website Terms can be directed to [email protected].
Where a definition is used for the first time in the Website Terms, it will appear in bold text.
“Business” means the business we operate known as CreativeCubes.Co, which converts buildings into collaborative communities, providing our members with the workspaces and services they need as a platform to build their businesses.
“Content” means all content on the Website including without limitation text, underlying source and object code, photographs, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) such as (but not limited to) copyright, trade marks, designs and business names.
“Operators” means jointly and severally each of the entities which operate and control a Co Working Space, which at the time of writing this Privacy Statement was CreativeCubes.Co Property–Cremorne Pty. Ltd. ACN 616 147 945.
“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and not limited to information in a material form.
“User Content” means any Content that is shared via, or otherwise submitted or uploaded to, the Website by a User.
“We”, “us” and/or “our” means the Operators.
- WEBSITE TERMS
Application of Website Terms
- These Website Terms apply to all Users. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Website Terms.
- The Website’s main function is to provide information, take enquiries about, and otherwise promote, the Business, and allow our members to book and pay for their workspaces. The terms and conditions applying to all membership-related matters (such as payment terms and log-in access conditions), are set down in our Membership Terms and Conditions
- Your Obligations
- Your access to, and use of, the Website, is subject to all conditions specified in these Website Terms.
You agree that you shall not:
- Use the Website for any purpose that is illegal, unlawful or prohibited by these Website Terms;
- Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Website or any Content including through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, or other illegitimate means; or
- Scrape or otherwise obtain any data from this Website for any purpose or use any Content to spam third parties.
- You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
- Intellectual Property
- The Intellectual Property in the Website and all Content (“Website IP”) is exclusively owned and controlled by us and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. The Website IP remains our exclusive property throughout the world in perpetuity.
- You have a non-exclusive licence to access, use and make copies of the Website IP strictly as required for the ordinary use and browsing of our Website.
- You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.
- Disclaimers & Our Liability
- Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) the exclusion of which from a contract would contravene any statute or cause any part of these Website Terms to be void (“Non-Excludable Conditions”), your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss.
- We are not responsible for:
- User Content or other material that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; and
- Hyperlinks to third-party web services or host third-party information or content on the Website. All third-party content is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein.
- Subject to the application of any Non-Excludable Conditions, you hereby release us from all claims, responsibility and liability for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from any of the following matters (“Website Matters”):
- The use of, or inability to use, the Website by Users;
- Any User Content that is created, or otherwise appears, via the Website;
- Any failure by usor other third parties to provide any information, service, feature or functionality via the Website; and
- Use of third-party services (including any sharing to third-party websites) in conjunction with the Website by Users.
- You hereby acknowledge and confirm that you are on notice of our disclaimer of warranties and limitation of liability set out in this clause and elsewhere in these Website Terms (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.
- Jurisdiction & Choice of Law
- These Website Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Website Terms will be resolved exclusively in the the courts of Victoria, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
- In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Website Terms and these Website Terms shall be construed as if such provisions had never been contained herein.