1 – Acceptance of Terms and Conditions
1.1 – Please read these Terms and Conditions carefully.
1.2 – By using, browsing and/or reading the coworking.com.au website, this signifies that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must immediately cease using the coworking.com.au website and/or any services provided by coworking.com.au.
1.3 – By remaining on the coworking.com.au website, you are signifying that you have read, understood and agree to be bound by the Terms and Conditions.
1.4 – You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions, where this option is made available to you on coworking.com.au.
2 – Changes to Terms and Conditions
2.1 – coworking.com.au reserves the right to review and change any of the Terms and Conditions by updating this page at our sole discretion.
2.2 – When coworking.com.au updates the Terms and Conditions, we will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication.
2.3 – Before you continue, we recommend that you keep a copy of the Terms and Conditions for your records.
2.4 – The Terms and Conditions were last updated on 1 May 2018.
3 – About coworking.com.au
3.1 – coworking.com.au is an online platform that connects people (workers) with coworking spaces owned and operated by third parties (coworking space providers).
3.2 – coworking.com.au does not own, operate or manage any of the coworking spaces listed on coworking.com.au.
3.3 – We do not act as agents or brokers for coworking spaces listed on coworking.com.au.
3.4 – We are not a party to any agreement between workers and coworking space providers.
4 – Zero tolerance for discriminatory, threatening, defamatory or highly offensive behaviour
4.1 – We want to ensure that coworking.com.au is a safe and inviting community for everyone. We take a zero tolerance approach to behaviour that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive.
4.2 – You agree that you will not use the coworking.com.au website and/or services provided by coworking.com.au to behave in a manner that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive. This includes details contained in coworking space listings associated with your account; and any communications made via the coworking.com.au website (including our private messaging feature), or communications that occur as a result of your usage of the coworking.com.au website and/or services provided by coworking.com.au (including responding to enquiries about coworking space listings associated with your account).
4.3 – coworking.com.au users that breach these requirements will have their accounts terminated and any associated listings will be deleted.
4.4 – If you have any concerns about material published on coworking.com.au or communications received in relation to the coworking.com.au website or related services, please contact us immediately.
5 – Trade marks and other intellectual property
5.1 – All third party trade marks, logos and brands are the property of their respective owners.
5.2 – If you believe that one or more of your trade marks, logos or brands have been used without your authorisation, please contact us immediately.
5.3 – coworking.com.au retains all rights, title and interest in and to the coworking.com.au website and all related services. Nothing you do on or in relation to the coworking.com.au website or related services will transfer any of the following to you:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
6 – Privacy
6.1 – We are committed to protecting your privacy.
7 – General Disclaimer
7.1 – Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2 – Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded; and
- coworking.com.au will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our services or these Terms and Conditions (including as a result of not being able to use our services or the late supply of our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3 – Use of the coworking.com.au website and/or services provided by coworking.com.au is at your own risk. Everything on the coworking.com.au website and related services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, owners, directors, officers, employees, agents, contributors or licensors of coworking.com.au make any express or implied representation or warranty about the coworking.com.au website and its content (including coworking space listings) or related services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the coworking.com.au website or related to services provided by coworking.com.au, including any third party material and advertisements displayed on the coworking.com.au website;
- costs incurred as a result of you using the coworking.com.au website or related services; and
- the coworking.com.au website or related services in respect to links which are provided for your convenience.
8 – Limitation of liability
8.1 – coworking.com.au’s total liability arising out of or in connection with the coworking.com.au website and related services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the relevant services to you.
8.2 – You expressly understand and agree that coworking.com.au, its affiliates, owners, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9 – Indemnity
9.1 – You agree to indemnify coworking.com.au, its affiliates, owners, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content or material provided or uploaded by you in relation to the coworking.com.au website and/or services;
- any direct or indirect consequences of you accessing, using or transacting on the coworking.com.au website or attempts to do so; and/or
- any breach of the Terms and Conditions.
10 – Venue and jurisdiction
10.1 – In the event of any dispute arising out of or in relation to the coworking.com.au website and/or services provided by coworking.com.au, you agree that the exclusive venue for resolving any dispute shall be in the Courts of Tasmania, Australia. You agree to waive any right to object to an action being brought in the Courts of Tasmania, Australia (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
11 – Governing Law
11.1 – The Terms and Conditions are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
12 – Severance
12.1 – If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
13 – Terms and Conditions for coworking space providers
13.1 – The Terms and Conditions in sections 13 to 21 apply to coworking space providers. The Terms and Conditions in sections 1 to 12 apply to all users of coworking.com.au, including coworking space providers.
13.2 – Coworking space providers are coworking.com.au account holders that have listed coworking spaces on coworking.com.au, or coworking.com.au users that intend to list coworking spaces on coworking.com.au.
14 – Coworking space bookings
14.1 – The bookings feature is an optional component of our services. It allows site users (workers) to book and pay for the use of coworking spaces listed on coworking.com.au.
14.2 – You can opt in or out of using this feature at any time.
14.3 – If you choose to accept bookings through coworking.com.au, you acknowledge that you understand and agree to the following conditions:
- A booking fee applies to each booking. The booking fee is fully inclusive of transaction processing fees. The current fee is outlined on our Pricing: booking fee page.
- Booking payments, minus our booking fee plus Goods and Services Tax, will be paid to your nominated account seven days after the applicable check-in date(s). For further details, see our Pricing: booking fee page.
- If your nominated account details change, you must advise us at least 5 business days prior to the next scheduled payment disbursal. We will not be held responsible for incorrect payment disbursal, due to lack of the required notice for nominated account changes.
- You must repay to coworking.com.au, any payment reversals (sometimes referred to as ‘chargebacks’) for bookings made, if the reversal occurs after the corresponding booking payments have already been disbursed to you. We will advise you of the process if and when this occurs. Failure to reimburse coworking.com.au within 14 days, will result in account termination and possible further actions to recover any remaining funds owed to us. When payment reversals occur prior to us dispersing the corresponding booking payments to you, we will simply reduce your payment dispersal by an amount equal to the payment reversal (inclusive of our booking fee).
- Services and facilities, as booked and paid for through coworking.com.au, must be provided to your customer (worker).
- You are responsible for handling any customer (worker) complaints or enquiries, regarding your coworking space, facilities and services. We will direct these matters to you for your response or resolution.
- We make no representations about any workers being appropriate tenants for your coworking space. You are solely responsible for outlining any criteria regarding suitable workers, and for screening workers that book a coworking space through coworking.com.au.
15 – Fees and payments
15.1 – Our current prices and fees are outlined on our Pricing pages:
15.2 – We reserve the right to charge fees for any services provided by coworking.com.au. We also reserve the right to make changes to existing fees.
15.3 – We will notify you at least 30 days in advance of any new fee or any changes to existing fees. You may terminate your account and/or use of services provided by coworking.com.au prior to these changes taking effect, if you deem these changes to be detrimental.
16 – Responsibility for listing content
16.1 – You are solely responsible for the content of your coworking space listings, including any errors or omissions.
17 – Trade marks and other intellectual property
17.1 – coworking.com.au account holders (coworking space providers) must own or have permission to use any trade marks, logos or brands that are included in their coworking space listings.
18 – No material that is misleading or deceptive; materially incorrect; or otherwise unlawful
18.1 – Coworking space listings must not contain material that is misleading or deceptive; materially incorrect; or otherwise unlawful.
18.2 – coworking.com.au space providers that breach these requirements will have their account(s) terminated and any associated listings will be deleted.
19 – Listings must be accurate, current and complete
19.1 – Coworking space listings must be accurate, current and complete.
20 – Content provided to us
20.1 – In consideration of granting you access to the use of the coworking.com.au website and/or related services, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, use and adapt for any purpose related to the coworking.com.au website and services, any content that you provide to us. This licence survives termination of any agreements or contracts between you and coworking.com.au, including these Terms and Conditions.
21 – We reserve the right to decline, amend or remove coworking space listings
21.1 – We reserve the right to decline, amend or remove your coworking space listings; if we deem that your listings are in breach of, or are likely to breach, these Terms and Conditions.