Welcome to CreativeCubes.Co.
It is a condition of us allowing you to obtain a Membership or otherwise enter a Co Working Space at any Location as a Member, Casual or Guest, that you agree to our Terms and Conditions.
If you do not agree with these Terms and Conditions, you should not obtain a Membership or otherwise enter a Co Working Space as a Member, Casual or Guest.
Before you get started reading, here is a summary of important terms to look out for:
• These Terms and Conditions apply to all Users of our Co Working Spaces. Users is a collective term we use in these Terms and Conditions for persons that access and use a Co Working Space as Members, Casuals or Guests.
• You may only use a Co Working Space for Permitted Uses. We also reserve the right to restrict you from using a Co Working Space for a specific purpose.
• In order to operate our Co Working Spaces and provide our Services to you, we retain full control and unrestricted access to all areas of our Co Working Spaces.
• By acquiring a Membership, you agree that we are not granting you exclusive possession over any part of a Co Working Space.
• We may from time to time during your Membership, in our discretion and upon providing notice, relocate you to an office or desk at a different area of a Co Working Space, such office or desk which is allocated for Members holding your type of Membership.
• We may terminate, suspend or vary your Membership or access, if you breach these Terms and Conditions.
• Where you acquire our Services as a Consumer, our Services come with Consumer Guarantees under the ACL.
• Without limiting or excluding any rights you may have under the ACL or otherwise at law in relation to the Services:
◦ your ability to hold CreativeCubes.Co responsible for any loss or damage you may suffer as a result of using a Co Working Space is restricted under these Terms and Conditions;
◦ our liability to you for any loss or damage you may suffer as a result of using a Co Working Space is restricted under these Terms and Conditions; and
◦ you are required to use our Co Working Spaces entirely at your own risk.
• There are significant consequences if you fail to comply with these Terms and Conditions and you are required to indemnify us and our Representatives for certain loss or damage we may suffer as a result of your non-compliance.
• We recommend you put in place appropriate insurances to cover your use of the Co Working Space such as public liability, contents and workers’ compensation insurance.
• We expect high levels of community standards and conduct from all Members,
Casuals and Guests.
• We may set other Policies or vary these Terms and Conditions at any time, so you need to keep checking our Website for updates.
• Membership Fees and Charges are subject to change.
• Members may be charged different rates for different types of Memberships in our discretion, which are offered by us on our Website or otherwise from time to time.
• Members and Casuals are vicariously liable to CreativeCubes.Co and/or its Representatives for any loss and damage caused by their Guests.
• In relation to Teams:
◦ where you are a Team Leader of a Team with a Corporate Member, you also agree on behalf of and bind the Corporate Member to, these Terms and Conditions, and warrant that you have lawful authority to do so; and
◦ a Corporate Member (if applicable) is vicariously liable to CreativeCubes.Co and/or its Representatives for any loss and damage caused by each Team Member in its Team.
Definitions and Interpretation
1. In these Terms and Conditions, we use the following definitions (all definitions are capitalised):
“Access Card(s)” is defined in clause 16.
“ACL” means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth)
“Affected Period” is defined in clause 39.
“Additional Licence” means any licence we may grant to you in relation to a Co Working Space, and excludes an Occupancy Licence, but includes without limitation a Parking Licence and a Casual Licence.
“Annual Fee” means a flat fee of $100.00 which each Member must pay to us on an annual basis (with the exception of Corporate Members, who are not required to pay) and in accordance with clauses 29 to 33.
“Bond” is defined in clause 30.
“Casual” means a person that does not have a formal Membership but pays us to use a Co Working Space on a casual basis, by the day, week or another agreed time period. “Casual Licence” and “Casual Pass” are defined in clause 8 .
“Charges” means any or all fees associated with accessing or otherwise using a Co Working Space, excluding Membership Fees, and including without limitation Annual Fees, locker fees, Meeting Room Booking fees, Casual Passes or Parking Passes.
“Claims” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
“Commencement Date” means the date that CreativeCubes.Co sends a “welcome” email and first invoice to the Member (unless another date of commencement is agreed).
“Common Areas” means designated parts of a Co Working Space that can be used by multiple Users including kitchens, waiting rooms and reception areas.
“Confidential Information” means any information belonging to or relating to us or a User howsoever acquired that is marked confidential or by its nature confidential, including without limitation trade secrets, intellectual property, know-how, business and financial data, policies, plans, databases, client lists and reports.
“Consumer” and “Consumer Guarantees” have the same meaning as under the ACL.
a “Co Working Space” means a co-working space branded ‘CreativeCubes.Co’ (and includes car spaces if applicable and utilities made available for Users including, without limitation, Internet and Network access) and “Co Working Spaces” means more than one.
“Code of Conduct” is defined in clause 23.
“Corporate Member” means a Member who is a company or a corporate trustee signing on behalf of a trust.
“CreativeCubes.Co”, “us”, “we”, “our”, means jointly and severally the Operators.
“CreativeCubes.Co IP” means all of CreativeCubes.Co’s intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation the Media Content (defined in clause 25.a), business names, trade marks, patents, designs, trade secrets, computer programs, databases, inventions, copyright, circuit layout and moral rights.
“Fair Use Policy” means the Fair Use Policy set by us in relation to use of shared common spaces and utilities (including the Internet) at a Co Working Space, a copy of which can be viewed online via the http://creativecubes.co/fairuse/. “Force Majeure Event” means anything outside the reasonable control of a party to these Terms and Conditions including without limitation an act of good, civil riots, war, strike, power outage or the acts of a computer hacker, regardless of whether it is reasonably contemplated by the parties at the Commencement Date as a likely result of a breach of the Terms and Conditions.
“Guest” means a person that enters a Co Working Space as an invited guest of a Representative, Member or Casual.
“GST” means GST within the meaning of the GST Act and “GST Act” means A New Tax System (Goods and Services Tax 1999 (Cth).
“Happiness Team” is defined in clause 14.
“Internet” is defined in clause 21.
a “Location” means a location of a Co Working Space, which includes the ‘Richmond Location’ situated at Building X, 534 Church St Richmond VIC 3121 and “Locations” mean more than one. “Loss” means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs.
“Media Content” is defined in clause 25.a.
“Meeting Rooms” means designated rooms and areas of a Co Working Space that can be booked and used by Users for meetings. “Meeting Room Bookings” are defined in clause 11.
“Member” means a person with a Membership and as set out in clause 5. A Member includes Corporate Member or Team Member, and may also be identified based on type of Membership they have. For illustration purposes, and without limitation: “Private Member” is a Member with Private Membership, “Dedicated Member” is a Member with Dedicated Membership, “Collaborative Member” is a Member with Collaborative Membership, and a “Virtual Member” is a Member with Virtual Membership.
“Membership” means a membership that is obtained by a person in order to have access to a Co Working Space as a Member, including but not limited to the types of Memberships defined in clause 5. We will grant different types of Occupancy Licenses according to types of Memberships, as set out in clause 7.a, or as otherwise offered by us on our Website or otherwise from time to time.
“Membership Account” means each Member’s online membership account located on our Website, which can be used by that Member in relation to various aspects of their Membership including without limitation updating their Membership details, upgrading Membership and booking Meeting Rooms. “Membership Fees” is defined in clause 29.
“Membership Term” means the period commencing on the Commencement Date and continuing until the date the Member cancels their Membership under clause 34 or CreativeCubes.Co terminates the Membership under clause 37, and includes the first and last dates in that period.
“MicDrop” is a full turnkey event solution for businesses and individuals to use to host or operate events at a Co Working Space. More information about MicDrop can be found here: http://creativecubes.co/events/
“Minimum Term” is defined in clause 29.c.
“Network” is defined in clause 21.b.
“Nominated Party” is defined in clause 41.
“Notice” means notice of a Policy as defined in clause 28.
“Notice Period” means notice period for cancellation by Members as defined in clause 34.
“Occupancy Licence” is defined in clause 7.a.
“Operators” mean jointly and severally the entities, their successors and permitted assignees, that operate and control each Co Working Space (from time to time), which includes but are not limited to CreativeCubes.Co Property-Cremorne Pty Ltd (ACN 616 147 945) which operates the ‘Richmond’ Location. “Parking Pass” is defined in clause 12.a.
“Parking Licence” is defined in clause 12.b.
“Permitted Uses” means use for business offices, personal offices and professional studios as well as any other use authorised in writing by us.
“Policies” and “Policy” are defined in clause 28.
“Private Office” is defined in clause 7.a.i.
“Private Member” is a Member with Private Membership.
“Representatives” means CreativeCubes.Co’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.
“Services” is defined in clause 13.
“Special Events” is defined in clause 17.
“Sub-Licence” and “Sub-Licensee” are defined in clause 43.
“Team” means a group of people that use a Co Working Space as a registered team, such group which consists of any one or more Members.
“Team Leader” means:
(a) in a Team with a Corporate Member, the Team Member who is also an authorised representative and/or agent of the Corporate Member and who operates the Membership Account on the Corporate Member’s behalf; or
(b) in all other Teams, the Team Member who is the designated Team Leader.
“Team Members” means for each Team, all Members who are part of the Team and includes the Team Leader but does not include a Corporate Member (if applicable).
“Terms and Conditions” means the terms and conditions set out in this document, all Policies, and the information provided during the signup process, in a form available on the Website or otherwise, which prospective Users fill out when they wish to purchase a product.
“Trading Hours” is defined in clause 15.
“Users” is a collective term we use in these Terms and Conditions for persons that access and use a Co Working Space as Members, Casuals or Guests.
“Website” means www.creativecubes.co.
In these Terms and Conditions, except where the context otherwise requires:
a. the singular includes the plural and vice versa;
b. a reference to a document includes the document as assigned, novated, altered, supplemented or replaced from time to time;
c. parties must perform their obligations on the dates and times fixed by reference to Melbourne, Victoria;
d. a reference to any party to these Terms and Conditions, includes that party’s executors, administrators, successors and permitted assigns and substitutes;
e. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
f. a reference to a statute, ordinance, code or other Law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
g. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and
h. an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally.
Application of Terms and Conditions
2. These Terms and Conditions apply to all types of Users. By obtaining a Membership or otherwise entering or using a Co Working Space at any Location, you agree to be bound by these Terms and Conditions and are party to a legally binding contract with us. You also warrant that the information that you have provided to us, as part of the signup process or otherwise, is true and correct and that you have lawful authority where relevant. Where you are Team Leader of a Team with a Corporate Member, you also agree on behalf of and bind the Corporate Member to these Terms and Conditions, and you warrant that you have lawful authority to do so. We may, at our discretion, request that you provide us with written confirmation from the Corporate Member of your authority. If you do not agree with these Terms and Conditions, you should not obtain a Membership or enter or otherwise use a Co Working Space.
3. You agree that these Terms and Conditions can be updated and amended by CreativeCubes.Co at any time. You will be notified that we have updated and amended our Terms and Conditions when you login to your Membership Account and we will also post updated and amended Terms and Conditions on the Website at www.creativecubes.co/terms. You should familiarise yourself with these Terms and Conditions and all updates and amendments. Your continued access and use of a Co Working Space after we post any updates and amendments to our Terms and Conditions on our Website, means that you agree to be bound by those changes. If you do not wish to continue your Membership after updates and amendments are made and posted to our Website, you are free to terminate your Membership under clause 34 below. We also have general terms and conditions for any person that uses our Website and you can refer to those at https://creativecubes.co/general-terms/.
4. You agree and acknowledge as follows:
a. In order to obtain a Membership, you must be 18 years of age or over.
b. Memberships will continue indefinitely until terminated under clause 34 or 37 below.
c. Where required by us, Members will be provided with an online Membership Account, which they must use in relation to their Membership. d. You are solely responsible for and must ensure that you maintain the security and confidentiality of any information you hold relating to your Membership Account, including your password and user credentials for your Membership Account and Internet access. You are solely responsible for any and all activity that occurs under your Membership Account, including activity that occurs as a result of your failing to keep this information secure and confidential. Where you believe that the security of your Membership Account has been in anyway compromised, you must promptly contact the Happiness Team.
5. We offer different types of Memberships including Private, Dedicated, Collaborative and Virtual Memberships or other types of Memberships that may be offered on our Website from time to time. We grant Members based on the type of Membership they hold, different rights to use parts of a Co Working Space and Occupancy Licences as described below in clause 7.a. You be provided with a ‘home’ Location for your Membership where you will be based. As we expand the number of Locations, we may grant you additional rights to access and use other Locations too. A Member may be a Corporate Member, a Team Leader or a Team Member. Where you are a Team Leader of a Team with a Corporate Member, you may operate a Membership Account on behalf of the Corporate Member of the Team.
6. Memberships are granted at our sole discretion. Memberships and associated Occupancy Licences are non-transferable and sold or otherwise provided for personal use only unless we otherwise agree.
7. You agree and acknowledge as follows:
a. Each Member will be granted a licence during their Membership Term to use parts of a Co Working Space, for Permitted Uses, according to their type of Membership, as follows:
i. Private Membership: Subject to clause 7.d, you will be provided with a private, lockable office space for use only by you and any applicable Team Members (each a “Private Office”). You will also be able to use the Common Areas and Meeting Rooms in accordance with these Terms and Conditions.
ii. Dedicated Membership: Subject to clause 7.d, you will be provided with dedicated open work space for use only by you and any applicable Team Members. You will also be able to use the Common Areas and Meeting Rooms accordance with these Terms and Conditions.
iii. Collaborative Membership: You will be provided with an open work space to use at a Co Working Space, on a ‘first come, first serve’ basis. Although your space will not be ‘fixed’, we will allocate you a work space, subject to availability. You will also be able to use the Common Areas and Meeting Rooms in accordance with these Terms and Conditions.
iv. Virtual Membership: Our entry level Membership does not provide you with a workspace although you will be able to access virtual office services, such as call answering and mailbox services. You will also be able to use the Meeting Rooms in accordance with these Terms and Conditions.
(each an “Occupancy Licence”)
Further information about the rights and features of Memberships available can be found here www.creativecubes.co/memberships, which are incorporated by reference into these Terms and Conditions.
b. In order to operate our Co Working Spaces and provide our Services to you, we retain full control and unrestricted access to all areas of our Co Working Spaces.
c. By acquiring an Occupancy Licence and/or any other applicable Additional Licence, you agree that we are not granting you exclusive possession over any part of a Co Working Space.
d. We may from time to time during your Membership, in our sole and unfettered discretion and upon providing notice, relocate you to another Private Office or desk or different car space at a different area in a Co Working Space, such office, desk or car space which is allocated for Members holding your type of Membership.
8. In addition to Memberships, we allow access to and use of a Co Working Space to persons on a ‘casual basis’ (each a “Casual Pass”). Causals will receive a receipt after payment as a proof of purchase of a Casual Pass (“Receipt”). Casuals must show their Receipt to the Happiness Team (defined below in clause 14), prior to accessing a Co Working Space. We will grant Casuals a licence to access and use certain parts of a Co Working Space for agreed periods (i.e. a day or a week) in accordance with these Terms and Conditions and as otherwise directed by us when purchasing a Casual Pass (a “Casual Licence”). Casuals must not use a Co Working Space outside the periods allowed by their Casual Pass.
9. Users are not permitted to use a Co Working Space for any of the following purposes:
a. Sleeping or living.
b. Commercial cooking or manufacture of any articles.
c. Illegal activities or activities which would infringe the law or on the rights of other Users or third parties (including without limitation intellectual property rights).
d. Storing, manufacturing or selling dangerous or hazardous goods or services.
e. Activities that have high levels of noise, such that would disrupt other Users.
f. To burn any candles, incense or oil burners, or any object which has a naked or contained flame, or that creates smoke, or otherwise create a fire hazard or cause interfere with fire protection equipment in a Co Working Space or the Common Areas. Members, Casuals and Guests will be responsible for the costs associated with any attendances by the fire brigade triggered by their conduct in breach of this clause (including for false fire alarm attendances).
g. Other purposes restricted by us from time to time, on a case by case basis, where we are entitled to act in our sole and unfettered discretion.
10. Private Members, Dedicated Members, Collaborative Members and Casuals have the right to use the Common Areas during their Membership Term or the duration of their Casual Pass (as applicable). Guests are able to use the Common Areas immediately prior to or after a Meeting, but must purchase a Casual Pass if they wish to work at a Co Working Space.
11. The following terms apply to Meeting Rooms:
a. All Members and Casuals have the right during their Membership Term or the duration of their Casual Pass (as applicable) to book appointments to book and use the Meeting Rooms (“Meeting Room Bookings”). Meeting Room Bookings must be made via your Membership Account or via other means as instructed by us and are subject to availability. Some Members will have ‘free credits’ per month to book and use Meeting Rooms. Members or Casuals will otherwise be required to pay for Meeting Room Bookings (see our Website for pricing details).
b. Members who change their mind or cancel less than 48 hours prior to a Meeting Room Booking are not entitled to a refund, unless we agree otherwise. Casuals who change their mind or cancel less than 7 days prior to a Meeting Room Booking are not entitled to a refund, unless we agree otherwise.
Lockers and Car Spaces
12. You agree and acknowledge the following:
a. Members and Casuals may request to purchase the right to use a locker, or hire a car space by purchasing a pass (“Parking Pass”). Please refer to our Website for pricing details and any additional terms and conditions which are incorporated by reference into these Terms and Conditions. Locker use and Parking Passes are subject to availability and provided at our absolute discretion.
b. Subject to clause 7.d, Members or Casuals who have purchase a Parking Pass will be granted a licence to access and use a car space at a specific Co Working Space that is allocated by us, at our absolute discretion, from time to time, for agreed periods in accordance with these Terms and Conditions, any conditions of entry displayed at the entrance and the relevant areas of the car park, and as otherwise directed by us (a “Parking Licence”).
c. Members and Casuals who purchase a Parking Pass must only use the car space which we have allocated to them from time to time and must strictly use the Parking Pass in accordance with the terms and conditions of the Parking Licence.
d. In the event a Member or Casual parks a vehicle in a manner which may obstruct traffic, constitutes a danger or nuisance or otherwise parks a vehicle in a car space which is otherwise in breach of the terms and conditions of the Parking Licence; we may, at our discretion, either arrange for the vehicle to be clamped, towed away or otherwise removed from the car space, and that Member or Casual will be liable for any and all additional Charges or associated costs, including without limitation, clamping, storage, removal or attempted removal costs incurred by us.
e. We may, from time to time, hire out one or more car spaces in certain Co Working Spaces for Special Events in accordance with clause 17 Where that occurs, we will provide Members and Casuals who have purchased a Parking Pass with 48 hours’ prior notice, whereby affected Members and Casuals will not be permitted to use their car spaces for the duration of the Special Events (as well as relevant set-up and pack-down periods) however will be entitled to a credit under clause 12.f.
f. Members and Casuals who are not permitted to use their car spaces during a Special Event, will be provided with a credit on their subsequent Membership Fees or monthly Charges (where applicable) for each day they were not able to use their car space as a pro-rata portion of the overall monthly charge for the Parking Pass. By way of illustration only, if there were 30 days in the month and a Member was not able to use a car space for 3 days of that month, the Member would receive a credit equal to 10% of the total price of the Parking Pass for that month.
Our Services and The Happiness Team
13. In consideration for your full performance of these Terms and Conditions including without limitation payment of any relevant Membership Fees and Charges, we agree to provide you strictly in accordance with these Terms and Conditions, use of parts of a designated Co Working Space and ancillary products (such as providing of lockers, Parking Passes and Meeting Rooms) (collectively, our “Services”).
14. We have hired a team of amazing staff to work at our Co Working Spaces (the “Happiness Team”). There will be a Happiness Team based at each Location and onsite during Trading Hours and after hours for Special Events. If you have any questions or concerns regarding your use of a Co Working Space, you should contact the Happiness Team at reception or by emailing [email protected]
Opening Hours, Access and Special Events
15. Co Working Spaces are open between the hours of 8am and 5pm weekdays (“Trading Hours”). Members will have the ability to leave and re-enter a Co Working Space (such access as prescribed by their Membership type) outside of Trading Hours on a ‘24/7’ basis. We reserve our right to change the Trading Hours. You will be notified of any permanent changes to the Trading Hours. Casuals have restricted access rights and should speak to us about these at the time of booking a Casual Pass.
16. Members will be provided with access card(s), fobs, or such other means of access as we may determine from time to time, to access a Co Working Space (including their desks, offices and car spaces where applicable) (“Access Card(s)”). Members must keep their Access Card(s) secure at all times. If a Member loses their Access Card(s), that Member must report the lost Access Card(s) to the Happiness Team immediately. Replacement Access Card(s) may be purchased for a fee from the Happiness Team. We reserve the right to require you to pay for the cost of replacing Access Cards. Casuals will not receive Access Card(s).
17. From time to time, we will hold MicDrop or other events at a Co Working Space (“Special Events”) which may mean that certain parts of the Co Working Space will not be available for use during that event (as well as relevant set-up and pack-down periods). We may be required to temporarily remove or reposition furniture and/or request you to temporarily relocate yourself within the relevant Co Working Space in order to create space for a Special Event and you agree to relocate yourself and your belongings within the relevant Co Working Space, when requested by us.
18. Members and Casuals are permitted to invite Guests to meetings held at a Co Working Spaces in the Meeting Rooms. To keep our Co Working Spaces spacious and productive, Guests are otherwise not permitted to visit, hang out at or otherwise use a Co Working Space, unless prior consent has been obtained from the Happiness Team or for Special Events.
Furniture, Personal Belongings and Equipment
19. If you wish to bring personal belongings or equipment to a Co Working Space, or to park any vehicle at a Co Working Space, you do so ‘at your own risk’ and you accept that CreativeCubes.Co will not be responsible for loss or damage to those items, however that loss or damage is caused. We recommend that:
a. Any Member or Casual with a Parking Pass should lock their vehicles, remove vehicle keys and ensure that no valuables are visible, and
b. Users without Private Offices should hire and use lockers to secure their personal belongings and equipment.
20. You are not permitted to take any of our property from a Co Working Space. Furthermore, you are not permitted to remodel or redecorate any office or workspace unless you have our prior written consent.
21. You acknowledge and agree as follows:
a. Wi-Fi internet (“Internet”) access at a Co Working Space is supplied and maintained by a third-party service provider. Where relevant, we will provide you with usernames and passwords, or require you to fill out a form, in order to gain access to the Internet and/or Network which may be subject to additional terms and conditions displayed on the log-in page, on the relevant form, or as otherwise directed by us and which are incorporated by reference into these Terms and Conditions.
b. Each Member (excluding Corporate Members and Team Members) or Team will be provided with access to their own private virtual local area network (“Network”) with Internet access, which may be subject to such additional terms and conditions stated when they login or as otherwise directed by us and which are incorporated by reference into these Terms and Conditions. For clarity, where Members are part of a Team, each Team will be provided with a Network through which Team Members can access with Internet.
c. We reserve the right to limit the number of your devices which are connected to the Internet and/or Network and to implement data quotas and traffic shaping policies to ensure an optimal experience for all Users while using the Internet and/or Networks. Whilst we respect your privacy with respect to use of the Internet and/or Networks, we also reserve the right for us, or our service provider, to monitor User activity.
d. Subject to clause 38.a and to the extent permitted by law, we do not guarantee, warrant and/or make any representations:
i. That access to the Internet or Networks will be uninterrupted, fault-free, or that the Internet or Networks provided will meet any User’s minimum speed or bandwidth requirements;
ii. That any files of other data you download from the Internet or Networks will be free of viruses, contamination or other destructive features; and
iii. About the security of any data transmission over the Internet or Networks.
Fair Use Policy
22. To ensure that Users respectfully use and share facilities at a Co Working Space including Common Areas, Meeting Rooms and Internet, we have created a Fair Use Policy. Users must comply with the Fair Use Policy at all times.
Code of Conduct
23. CreativeCubes.Co’s mission is to create a community of passionate, respectful, productive, supportive and positive people. It is imperative to us that all Users adhere to certain community values and standards which are found here http://creativecubes.co/conduct (our “Code of Conduct”). You can read more about our values here www.creativecubes.co/mission.
24. By obtaining a Membership or otherwise accessing or using a Co Working Space as a Casual or Guest, you hereby agree to adhere to the Code of Conduct. If you fail to adhere to the Code of Conduct, we may immediately without notice suspend or terminate your Membership or Casual Pass or otherwise remove you from or refuse you (as well as any of your Guests) entry to a Co Working Space.
Promotion and Marketing
25. Subject to the terms of any agreement which we may enter into with you in relation to this clause, by obtaining a Membership or otherwise accessing or using a Co Working Space, you hereby:
a. Consent to us and our Representatives taking photographs and videos of you whilst in a Co Working Space (“Media Content”);
b. Consent to us and our Representatives reproducing, adapting, distributing, publicly performing, sub-licensing, assigning and otherwise exploiting the Media Content throughout the world, in all media and in perpetuity for marketing, promotional and other commercial purposes in our sole discretion and on an irrevocable basis; and
c. Consent that we may carry out any or all acts or omissions in relation to the exploitation of the Media Content, which would infringe your Moral Rights and/or otherwise infringe any rights you may have as a performer under Part X1A of the Copyright Act 1968 (Cth).
IP and Confidential Information
26. We are the exclusive owners of or otherwise have a licence to use the CreativeCubes.Co IP which for the avoidance of doubt includes the Media Content. You are not permitted to copy, reproduce, sell, distribute, licence or otherwise use the CreativeCubes.Co IP unless you must obtain our prior written consent.
27. Working in a collaborative workspace, it is inevitable that you will be exposed to other Users’ Confidential Information. You agree that you will treat all Confidential Information with a high level of security and care and not disclose that Confidential Information to any other person. You further agree that we are not responsible to you, where Confidential Information belonging to you is obtained or otherwise accessed by a person at a Co Working Space including without limitation on an unauthorised basis. It is your responsibility to monitor and secure your own Confidential Information whilst using the Co Working Spaces.
Our Rights to Manage and Introduce Policies
28. It is our duty to manage, control and support a large number of people in one shared space. This is no easy task and accordingly, to enable those using our Co Working Space to be able to do so fairly and productively, we may implement new or amend existing policies (“Policies” or a “Policy”) at any time. We will give you reasonable notice of a Policy by posting it on our Website, sending you an email alert and/or affixing a printed copy of the Policy to wall at a Co Working Space (“Notice”). By continuing to hold a Membership or otherwise access or use the Co Working Space after we’ve given Notice of the introduction or variation of a Policy, you must comply in full with that Policy. If you do not wish to continue your Membership after such Notice has been given by us, you may cancel your Membership in accordance with clause 34.
Fees and Billing – Members and Casuals
29. You agree and acknowledge as follows:
a. The subscription fees for each Membership type and for Casuals are listed on our Website (www.creativecubes.co/memberships/) (“Membership Fees”). In some cases, certain Memberships are complimentary when bundled with other Memberships, as determined by us at our sole discretion.
b. It is important to note that Membership Fees listed on our Website are ‘starting prices’ only and as such, your Membership Fees for a certain Membership type or Casual Pass may be higher than another person’s Membership Fees for the same type of Membership due to a range of considerations such as configuration, view, size, location to utilities, light and number of other Users in area.
c. We may, in our sole discretion, offer particular Members discounted Membership Fees in consideration for an extended minimum term of Membership (“Minimum Term”). Where you receive such a discount, you thereby agree that your Membership must continue for the Minimum Term. Should you wish to cancel your Membership within the Minimum Term, the Membership Fees specified for the entire Minimum Term remain payable by you in full, unless we otherwise agree.
d. Certain terms and conditions of each Membership (including, without limitation, financial terms and Minimum Terms) are deemed to be confidential between us and the relevant Member. You must not disclose such Confidential Information to any other person without our consent, unless for the purpose of obtaining legal advice or where required to be disclosed by law..
e. If you are a Team Leader of Team without a Corporate Member, you are personally responsible for the payment of the relevant Membership Fee in relation to the Membership and to pay all applicable Charges incurred by each Team Member, unless otherwise agreed by us.
f. Where a Team has a Corporate Member, the Corporate Member is liable to pay the relevant Membership Fee in relation to the Membership and to pay all applicable Charges incurred by each Team Member, unless otherwise agreed by us.
g. All pricing is exclusive of GST. CreativeCubes.Co is registered for GST and where there is a provision of goods or services under these Terms and Conditions which constitutes a taxable supply (as defined in the GST Act), Users must also pay to us the applicable GST amounts together with the Membership Fee and/or Charges.
30. Prior to obtaining a Membership, each Member (if not part of a Team), or Team Leader (if part of a Team without a Corporate Member), or Corporate Member (if part of a Team) must pay the following amounts:
a. The Annual Fee (or Annual Fees for each Team Member);
b. A pro-rata share of the relevant Membership Fee for the remainder of the month in which they join;
c. The relevant Membership Fee for the next month of their Membership;
d. A bond payment equal to one month’s Membership Fee (the “Bond”); and
e. Any other applicable Charges payable by a Member and/or Team Member (whichever is applicable) for additional services, such as locker hire and car parks.
Membership Fees are charged on a monthly basis at the start of each month in advance via the relevant Membership Account. All Casual Passes must be paid in advance and in full before the Casual is granted access to and use of a Co Working Space.
31. We use a third party payment processing services provider (Stripe) to facilitate all Membership Fee subscription payments. By making Membership Fee payments to us via our Website, you agree that you are subject to Stripe’s then Checkout User Terms of Service https://stripe.com/au/checkout/legal.
32. We are entitled to use your Bond to pay (in whole or in part) for any loss or damage we may suffer or incur as a result of your breach of any part of these Terms and Conditions. Upon cancellation or termination of your Membership, we will refund any unused portion of the Bond to you.
33. You acknowledge and agree as follows:
a. We do not provide refunds for ‘change of mind’.
b. Our Membership Fees and Charges and their payment terms are subject to change at any time.
c. We will provide 30 days’ written notice before varying Membership Fees or Charges of existing Members, during which time Members may choose to terminate their Membership under clause 34 if they do not accept the increase.
d. Where we vary Membership Fees and Charges, such variations will start at the commencement of the next billing cycle, after the 30-day period in clause 33.c has concluded.
34. Memberships will continue from the Commencement Date until cancelled under this clause or terminated by us under clause 37:
a. Subject to clauses 34.b to 34.d, a Member may cancel their Membership for any reason by giving 60 days’ written notice to [email protected] (“Notice Period”) where that Member’s Membership shall expire at the end of the calendar month after the Notice Period is complete.
b. Where a Member is a Corporate Member and its Membership has been cancelled or terminated, all applicable Team Member’s Memberships will also automatically expire at the date the Corporate Member’s Membership expires.
c. Where a Member is part of a Team without a Corporate Member, where the Membership of the Team Leader has been cancelled or terminated, all applicable Team Member’s Memberships will also automatically expire at the date the Team Leader’s Membership expires.
d. Where a Member agrees that its Membership shall be subject to a Minimum Term under these Terms and Conditions and these Terms & Conditions are amended during the Minimum Term, if that Member does not agree with the amendments, that Member agrees to follow the dispute resolution process in clauses 45 to 47, after which, if its concerns are not resolved, it may cancel its Membership in accordance with clause 34.a.
35. We maintain public liability insurance for the Co Working Spaces and we also have our own contents and workers’ compensation insurance. Our contents and workers’ compensation insurance does not extend to any User. To best protect your personal and business interests, we encourage you to take out and pay for your own appropriate public liability, contents and workplace insurance as well as any other insurance you require by law.
Termination of Membership or Casual Pass
37. CreativeCubes.Co is entitled to terminate any Membership or Casual Pass (and associated Occupancy Licence or Additional Licence) as follows:
a. With immediate effect and in person or by written notice (email to suffice), if the relevant Member or Casual commits a serious or repeated breach of these Terms and Conditions.
b. With immediate effect and in person or by written notice (email to suffice), if the relevant Member or Casual commits a material breach of these Terms and Conditions and fails to remedy that breach within 7 days of receiving a written notice from us to do so.
c. ‘For convenience’ by providing the relevant Member with 30 days’ written notice, where that Member’s Membership shall expire at the end of the calendar month after the 30 days is complete.
Consumer Guarantees and Warranties
38. You acknowledge and agree as follows:
a. Where you acquire our Services as a Consumer, we will provide our Services to you in accordance with any Consumer Guarantees under the ACL. Nothing in these Terms and Conditions overrides, excludes, limits or otherwise restricts any rights you may have under the ACL in relation to our Services.
b. Where you do not acquire our Services as a Consumer, to the extent permitted by law:
i. We do not make any guarantees or warranties that the Services will be suitable or fit for any particular purpose, including the purpose for which those Services are ordinarily provided; and
ii. We otherwise exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.
39. You acknowledge and agree as follows:
a. If you are a Consumer, our liability to you for any Loss or Claim suffered as a result of us failing to comply with any Consumer Guarantees in any period of the Membership Term (“Affected Period”), is limited at our election to:
i. Supplying the Services again; or
ii. Paying the cost of having the Services supplied again,
for any period equivalent to the Affected Period.
b. Subject to clause 38.a, where 39.a does not apply and to the extent permitted by law:
i. CreativeCubes.Co and Representatives will not be liable and exclude all liability (whether arising under these Terms and Conditions, in tort, negligence, statute or in any other way) for all Loss and Claims of any kind whatsoever directly or indirectly sustained by you in relation to a Membership or otherwise accessing or using a Co Working Space.
ii. You hereby release CreativeCubes.Co and Representatives from all Claims you may have against CreativeCubes.Co and Representatives in connection with these Terms and Conditions, your Membership or otherwise entering and using a Co Working Space.
iii. CreativeCubes.Co and Representatives, we exclude all liability for any direct or indirect Loss you may suffer as a result of not being able to access the Services in any manner, due a Force Majeure Event.
40. In the event that clause 39.b is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any Claim by you, howsoever arising shall not exceed the total Membership Fee paid by you to us during the past 12 months from the date you notified us in writing of the Claim.
Member and Casual Liability
41. You hereby acknowledge and agree:
a. Each Member (if not part of a Team), Team Leader (if part of a Team with no Corporate Member) and Corporate Member (the “Nominated Party”) hereby indemnifies CreativeCubes.Co and its Representatives, from all direct, reasonable and quantifiable Loss suffered by CreativeCubes.Co and/or its Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of the Nominated Party breaching these Terms and Conditions.
b. Each Casual hereby indemnifies CreativeCubes.Co and its Representatives, from all direct, reasonable and quantifiable Loss suffered by CreativeCubes.Co and/or its Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of the Casual breaching these Terms and Conditions.
c. In relation to Teams:
i. Where a Team has a Corporate Member, that Corporate Member warrants that each of its Team Members will comply with these Terms and Conditions and agrees to be vicariously liable to CreativeCubes.Co and/or its Representatives for any Loss suffered by CreativeCubes.Co and/or its Representatives as a result of each of its Team Members breaching these Terms and Conditions.
ii. Where a Team does not have a Corporate Member, the Team’s Team Leader warrants that each of its Team Members will comply with these Terms and Conditions and agrees to be vicariously liable to CreativeCubes.Co and/or its Representatives for any Loss suffered by CreativeCubes.Co and/or its Representatives as a result of each of its Team Members breaching these Terms and Conditions.
d. In relation to Guests, all Members and Casuals who invite Guests to a Co Working Space, warrant that their Guests will comply with these Terms and Conditions and agree to be vicariously liable to CreativeCubes.Co and/or its Representatives for any Loss suffered by CreativeCubes.Co and/or its Representatives as a result of their Guests breaching these Terms and Conditions.
Sub-Licensing & Assignments
42. You are not permitted to novate, assign, sub-licence or other transfer your rights and obligations under these Terms and Conditions to a third party unless permitted under clause 43.
43. In the event that you are Private Member and wish to grant a third party (a “Sub-Licensee”) rights to use your Private Office (a “Sub-Licence”), the following terms apply:
a. You must seek our prior written consent prior to granting those rights to the Sub-Licensee;
b. You will remain primarily responsible and liable to pay all Membership Fees to us in full;
c. The Sub-Licensee will be deemed a Member on our system and prior to being granted the Sub-Licence, must accept and be bound by these Terms and Conditions;
d. You must agree on the commercial terms of the Sub-Licence and receive payment for the Sub-Licence directly with the Sub-Licensee without any involvement of CreativeCubes.Co;
e. CreativeCubes.Co is not required to mediate or otherwise discuss any disputes between you and the Sub-Licensee in relation to the Sub-Licence;
f. CreativeCubes.Co is permitted to revoke the Membership of the Sub-Licensee at any time during the term of the Sub-Licence (in accordance with the Terms and Conditions), whereby at such time, you agree that the Sub-Licence will be automatically terminated; and
g. During the term of the Sub-Licence, you agree to indemnify CreativeCubes.Co from all direct, reasonable and quantifiable loss or damage suffered by CreativeCubes.Co and/or its Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of the Sub-Licensee breaching the Terms and Conditions. 44. For the purpose of internal business restructuring or where we may sell part or all of our business, you agree that we are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.
45. If a difference or dispute between a Member and CreativeCubes.Co arises in connection with these Terms & Conditions, then either party may give the other a written notice of dispute adequately identifying and providing details of the dispute.
46. Notwithstanding the existence of a dispute both CreativeCubes.Co and the Member shall continue to perform their obligations under these Terms & Conditions.
47. Within ten business days after receiving a notice of dispute, the relevant Member shall confer at least once to resolve the dispute or to attempt to agree on methods of doing so. In the case of a Corporate Member, it shall be represented by a person having authority to agree to such resolution or methods at every such conference. All aspects of every such conference except the fact of occurrence shall be privileged and kept confidential between the parties.
48. Except to enforce clauses 45 to 47 (inclusive) or to seek an urgent interim determination, a party must not commence or maintain an action by way of legal proceedings relating to the dispute until it has been dealt with in accordance with clauses 45 to 48 (inclusive).
49. In the event that any one or more of the provisions (or part thereof) 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 Terms and Conditions and these Terms and Conditions shall be construed as if such provisions (or part thereof) had never been contained herein.
50. These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia and the Federal Court of Australia, where applicable.
Last Update: 13th September 2018