Privacy Policy and terms & Conditions

Welcome to One Roof Coworking ABN 27 610 808 305

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, Event Host 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, Event Host 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.

  • 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.

  • We may terminate, suspend or vary your Membership or access, if you breach these Terms and Conditions.

  • We are not responsible for any loss you may suffer relating to your use of a Co Working Space and as such, we do 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, Event and Meeting Room Hosts 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, Venue Hire Fees and other charges are subject to change.

  • Members may be charged different rates for tiers of Memberships, co working spaces and offices, in our discretion.

  • Event and Meeting Room Hosts may be charged different rates depending on the nature of the venue hire.

 Definition:

1.     In these Terms and Conditions, we use the following definitions.

a)     ‘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. This includes virtual members, day passes and kick-starter.

b)    ‘Commencement Date’ means the date specified in Schedule A of the Co-working or events agreement. 

c)     ‘Common Areas’ means designated parts of a Co Working Space that can be used by multiple Users including kitchens, waiting rooms and reception areas.

d)    ‘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.

e)     A ‘Co Working Space’ means a co-working space branded ‘One Roof Coworking’ and “Co Working Spaces” means more than one.

f)     ‘One Roof Coworking’, “us”, “we”, “our”, means jointly and severally the Operators.

g)    “One Roof Melbourne IP” means all of One Roof Melbourne’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. 

h)    Formal Membership: This means Flexi, Dedicated and Private Office memberships and does not include Casual Memberships.  

i)      ‘Guest’ means a person that enters a Co Working Space as an invited guest of a Member, Event and Meeting Room Host or Casual.

j)      ‘Location’ means a location of a Co Working Space, which includes the ‘Southbank Location’ situated at 71 and 81 City Road Southbank VIC 3006.

k)    ‘Meeting Rooms’ means designated rooms and areas of a Co Working Space that can be booked and used by Event and Meeting Room Hosts for meetings.

l)      ‘Member’ means a person with a Membership.

m)   ‘Membership’ means a membership that is obtained by a person in order to have access to a Co Working Space. 

n)    ‘Membership Term’ means the period commencing on the Commencement Date and continuing until the date the Member cancels their Membership under clause 34 or One Roof Coworking terminates the Membership under clause 37, and includes the first and last dates in that period.

o)    ‘Operators’ means jointly and severally the entities that operate and control each Co Working Space, which currently means One Roof Coworking (ABN 27 610 808 305) which operates from the Southbank Location.

p)    ‘Permitted Uses’ means use for business offices, personal offices and professional studios as well as any other use authorised in writing by us.

q)    ‘Privacy Act’ means the Privacy Act 1988 (Cth) as amended from time to time.

r)     ‘Representatives’ means One Roof Coworking’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.

s)     ‘Terms and Conditions’ means the terms and conditions set out in this document.

t)      ‘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, Event and Meeting Room Hosts or Guests.

u)    ‘Website’ means http://oneroofwomen.com.

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. 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 amended by One Roof Coworking at any time. We will post notice of any changes to the Terms and Conditions on the Website. You should familiarise yourself with these Terms and Conditions and check for updates regularly. Your continued access and use of a Co Working Space after we post changes on the Website means that you agree to be bound by those changes.

Memberships

4.     In order to obtain a Membership, you must be 18 years of age or over. All Members will be provided with an online Membership Account upon registration. Memberships will continue indefinitely until terminated under clause 34 or 37 below.

5.     We offer six tiers of Memberships (Flexible, Dedicated, Private Office, Day Pass, Virtual Community and Kickstarter) (Each a ‘Membership Tier’). Each Membership Tier grants different rights to use parts of a Co Working Space as described below in clause 7. You be provided with a ‘home’ Location for your Membership where you will be based. If we expand the number of Locations, we may grant you additional rights to access and use other Locations too.

6.     Memberships are granted at our sole discretion. Memberships are sold or otherwise provided for personal use only. Memberships (and associated Occupancy Licences, as defined in clause 7 below) are non-transferrable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person.

Occupancy Licence

7.     Each Member will be granted a licence during their Membership Term to use parts of a Co Working Space (each an ‘Occupancy Licence’), for Permitted Uses, according to their Membership Tier, as follows:

a)     Flexible Members: You will be provided with an open work space to use at a Co Working Space 3x days per week, on a ‘first come, first serve’ basis. Although your space will not be ‘fixed’, we guarantee that you will always have a work space. Depending on our occupancy, we may require you to indicate your days each week in order for us to guarantee you a desk. This will be done at our own discretion ad You will be informed. You will be able to use the Common Areas in accordance with these Terms and Conditions. You access to Meeting Rooms is restricted in accordance with these Terms and Conditions

b)    Dedicated Members: You will be provided with 24/7 access to a dedicated open work space including a locker and a lockable draw for your exclusive use. You will also be able to use the Common Areas and Meeting Rooms in accordance with these Terms and Conditions.

c)     Private Office: You will be provided with a private, lockable office space for your exclusive use. You will also be able to use the Common Areas and Meeting Rooms in accordance with these Terms and Conditions.

d)    Day Pass: You will be provided with an open work space to use at a Co Working Space between 9am and 6pm on a weekday only. You are required to check in with us before you book your day pass. Although your space will not be ‘fixed’, as long as you confirm with the One Roof team prior, we guarantee that you will receive a space. You will also be able to use the Kitchen in accordance with these terms and conditions, however please note that meeting rooms, Skype rooms and printing are at an additional cost. Day Pass users must not use a Co Working Space outside the periods allowed by their Pass.

e)     Virtual Community: You will be provided with a workspace 1x day per month and be able to access virtual office services, such as mailbox services 

f)     Kickstarter: You will be provided with 5 x Day Passes that will entitle you to use an open work space at One Roof Coworking between 9am and 6pm on 5 x days of your choosing.

Further information about the rights and features of each Membership Tier can be found here http://oneroofwomen.com/membership/.

Restrictions 

8.     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

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)     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

Commons Areas

9.     Private Members, Dedicated Members, and Flexi Members have the right during their Membership Term to book appointments to use the Meeting Rooms. Meeting Room Bookings must be made via our online booking platform and are subject to availability. Some Members will have free access to book and use Meeting Rooms as per their Membership Tier Terms. Extra costs may occur for access to Meeting Rooms and will be at the discretion of One Roof Coworking. Casual Users will be required to pay an extra cost for all meeting room use.

Our Services

10.  In consideration for the payment of all relevant Charges (defined below) and your performance of these Terms and Conditions, we agree to provide a professional, well maintained and supportive collaborative work space for you to use for the Permitted Uses (our ‘Services’).

Opening Hours and Access

11.  Co Working Spaces are open between the hours of 9am and 6pm weekdays (‘Trading Hours’. Members will have the ability to leave and re-enter a Co Working Space (such access as prescribed by their Membership Tier) 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. Casual Users have restricted access rights, and may only access the space 9am-6pm on the day of their pass.

12.  Formal Members will be provided with FOB cards to access a Co Working Space and their desks and offices (‘FOB Cards’). Members must keep their Fob Card secure at all times. If a Member loses their FOB Card, that Member must report the lost FOB Card immediately. Replacement FOB Cards may be purchased for a fee. Day Pass users will not receive FOB Cards.

13.  From time to time, we will hold events at a Co Working Space which may mean that certain collaborative work spaces will not be available for use during that event (as well as set-up and pack-down). 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 an event and you agree to relocate yourself and your belongings within the relevant Co Working space, when requested by us.

Guests

14.  Formal Members and Event and Meeting Room Hosts are permitted to invite Guests to meetings held at a Co Working Space 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 or for special events held at a Co Working Space.

Furniture, Personal Belongings and Equipment

15.  Each Co Working Space is furnished with desks and chairs. If you wish to bring personal belongings or equipment to a Co Working Space, you do so ‘at your own risk’ and you accept that One Roof Coworking will not be responsible for loss or damage to those items, however that loss or damage is caused.

16.  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 consent.

17.  Members of all Tiers are entitled to hire a locker for $5 per week. Lockers will be rented out on the basis of availability on a first come, first serve basis. Any interested member should approach a One Roof Staff Member to hire a locker.

Internet

18.  All Members and Guests will be given the password to connect to Wi-Fi internet at the Co Working Space (‘Internet’).

Fair Use Policy

19.  Users must consider others when using shared facilities at a Co Working Space including booking Meeting Rooms, using kitchen facilities and other Common Areas (‘Shared Facilities’).

20.  We encourage our Users and Guests to get the most they can out of the Shared Facilities at our Co Working Space. However, if we find that a User or Guest is abusing these privileges or restricting another User’s ability to use and enjoy any Shared Facilities at a Co Working Space, we reserve the right to reduce or otherwise limit that User or Guest’s use or enjoyment of those Shared Facilities.

21.  We are entitled to implement systems to manage User and Guest’s use of the Internet at our Co Working Space to ensure that Internet speed is fast such as restricting or slowing down User’s use of certain websites such as video downloading sites.

22.  We reserve the right to refuse bookings for Meeting Rooms at our discretion, during busy periods or from Users that fail to show up to bookings.

Code of Conduct

23.  One Roof Coworking’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. You can read more about our values here http://oneroofwomen.com/values/.

24.  As Users will find themselves working in close proximity to other Users, Users must take all reasonable steps not to disrupt those Users including doing the following:

  • Speaking at appropriate volume levels

  • Engaging for social purposes in Common Rooms not at work desks;

  • Listening to music through the use of personal headphones;

  • Maintaining a high level of personal hygiene including use of deodorant if necessary; and

  • Acting in another manner which we deem offensive, disruptive, unreasonable or undesirable.

25.  Users must use Common Rooms in a respectful manner to other Users. This includes cleaning up after use, doing dishes, treating equipment with respect and storing food in fridges for appropriate times.

26.  Users may not affix, attach or display materials on walls unless in designated areas or otherwise approved in advance by the One Roof Team.

 27.  We expect Users and Guests to use a Co Working Space in an eco-friendly manner at all times by recycling packaging, paper and other materials and taking other reasonable steps to reduce a Co Working Space’s impact on the environment.

28.  One Roof is an all-inclusive, non-discriminatory and safe workplace. We will not tolerate any User who acts in a disrespectful, discriminatory, aggressive, offensive, dangerous or other anti-social manner.

29.  Users are not permitted to drink alcohol at a Co Working Space unless in designated areas as directed by us or at special events. Smoking is only permitted outside in designated smoking zones.

30.  The use of illegal substances at a Co Working Space is strictly prohibited as is any User engaging in any illegal, hazardous or dangerous conduct or activities.

31.  Only Formal Members may bring their pets to the Co Working Space and they must keep their pets in their private offices at all times. One Roof reserves the right to respectfully ask Members to remove their pet and / or not to bring their pet back into One Roof at our own discretion. 

32.  Users must follow procedures and other Policies implemented by us regarding the use of Meeting Rooms.

33.  Users must act with discretion when developing business opportunities at a Co Working Space. It is not acceptable for Users to solicit or interfere with other Users’ clients whilst they are visiting a Co Working Space. Users must comply in full with the Spam Act 2003 (Cth) when working at a Co Working Space.

34.  Users must interact with each other in a positive, collaborative and friendly manner.

 Promotion and Marketing

35.  By obtaining a Membership or otherwise accessing or using a Co Working Space, you hereby grant us a non-revocable, royalty-free, worldwide license to: 

a)     Take photographs and videos of you whilst in a Co Working Space (‘Media Content’); and

b)    Distribute, license and otherwise exploit the Media Content through all media and in perpetuity (including without limitation: social media, print, TV and digital) for marketing, promotional and other associated purposes in our sole discretion.

 Confidential Information

36.  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.

Our Rights to Manage and Introduce Policies

37.  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 policies or additional terms and conditions 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 a wall at the Co Working Space (‘Notice’). By continuing to hold a Membership use our Event and Meeting Rooms or otherwise access or use the Co-Working Space after we’ve given Notice of the introduction or variation of a Policy, you agree to comply in full with that Policy.

Fees and Billing 

38.  The subscription fees for each Membership Tier are listed on our Website (http://oneroofwomen.com/membership/) (‘Membership Fees’). 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 Tier or Casual Pass may be higher than another Member due to a range of considerations such as configuration, view, size, location to utilities, light and number of other Users in area. We may, in our sole discretion, offer particular Members discounted Membership Fees in consideration for an extended minimum term of Membership. Where you receive such a discount, you thereby agree that your Membership must continue for the Minimum Term, the Membership Fees specified for the entire Minimum Term remain payable by you in full, unless we otherwise agree. The terms and conditions of each Membership are confidential between us and the relevant Member and as such, we are not required to disclose to you information relating to other Members’ Membership Fees or Minimum Terms.

 39.  The sale of a Membership or any Day Pass is final. Subject to the extent permitted by law, we do not offer any refunds on the cost of a Membership or Day Pass for change of mind, user error, injury, illness, change of address, unsuitability or any other reason. Our Membership Fees, Casual Pass fees and other fees associated with accessing or otherwise using a Co Working Space (our ‘Charges’) are subject to change at any time. We will provide 30 days’ written notice before varying Membership Fees of existing Members (a ‘Membership Fee Increase’), during which time Members may choose to terminate their Membership if they do not accept the increase.

Cancellations 

40.  Memberships will continue from the Commencement Date until cancelled under this clause or terminated by us. A Member may cancel their Membership for any reason by giving 60 days’ written notice (‘Notice Period’) where that Member’s Membership shall expire at the end of the calendar month after the Notice Period is complete.

Insurance 

41.  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.

Privacy

42.  In order to provide access to the Website, we need to handle your Personal Information. By using our Website, you consent to our collection, use and disclosure of your Personal Information as specified in these Terms and Conditions.

43.  As standard, we will collect information relating to the geographical location of the device you are using to access the Website, your IP address and your browsing activity on the Website. We collect this information through the use of browser cookies and Google Analytics, which may also result in the collection of non-personal statistical information. We use browser cookies and similar techniques to assist us to deliver targeted advertising to you, which may be through third-party websites. You may ‘opt out’ of cookie technology by adjusting the settings on your browser, although this may affect the way you experience the Website. We endeavour to collect this information in a way that will avoid aggregation that might identify you individually, but we cannot guarantee that any of that information we collect under this clause will not amount to your Personal Information.

44.  If you complete an enquiry form or otherwise contact us through the Website, the kinds of Personal Information we will usually request you to provide include your name, email address, phone number, company name, age and ABN.

45.  If you request us to, we will take reasonable steps to destroy or de-identify Personal Information when we do not need it.

46.  These Terms and Conditions do not exhaustively list the ways in which we may collect Personal Information or the kinds of Personal Information we may collect.

47.  We collect, use and share Personal Information where reasonably necessary for the proper function of the Website and to help us run our Business effectively, including for the following purposes:

1.     To understand usage trends and patterns and improve Users’ overall experience of the Website;

2.     To fix problems and respond to feedback, enquiries and complaints;

3.     To enforce any agreements between a User and us, such as the Membership Terms

4.     To allow us to run our Business and perform administrative and operational tasks.  

48.  The Privacy Act caters for particular situations called ‘permitted general situations’ where we may be required to disclose your Personal Information outside of the purposes listed above, such as to lessen or prevent a serious threat to public health or safety, or to assist in locating missing people. Other laws, or a court, might also legally compel us to disclose Personal Information.

49.  We take no responsibility for the privacy practices of any third parties that we may link to on the Website. All third parties will handle your Personal Information in accordance with their own privacy practices and policies.

50.  From time to time, it may be necessary for us to share your Personal Information with third parties in order for you to make full use of our Website, such as where we use a third party software service provider to receive and manage enquiries or otherwise operate our Business. The third parties we use may be based overseas. We will take reasonable measures to see that any third parties will respect your privacy in line with the Privacy Act or its international equivalent.

 51.  We may store Personal Information in a variety of ways, including in the cloud or other types of networked or electronic storage. In particular, our members should be aware that their billing and payment information will be retained on file (including through accounting software and electronic databases) to enable us to process payments. We may store and make back-up copies of Personal Information to ensure that we are able to recover information if our systems experience a fault or outage.

52.  We take the security and safety of Personal Information seriously. We will take all reasonable steps to protect Personal Information from misuse, interference and loss, and unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure and we cannot guarantee that your use of the Website will be free from viruses, surveillance or interception.

53.  If we change our business structure (for example by incorporating, or by bringing on board new partners), then, in our sole discretion, we may transfer, sell, license or assign Personal Information collected to one or more relevant third parties. This may make Personal Information subject to a different privacy policy and if that is the case, we will post notice of this on the Website.

54.  You can ask us to provide you with a copy of the Personal Information we hold about you. You do not need a reason for asking, but we may charge you our reasonable expenses for preparing and sending you a copy of that Personal Information. We will try to respond to your request within a reasonable time. If agreeing to your request would be unlawful or have an unreasonable impact on the privacy of others, your request may be denied. 

55.  For further information on online privacy rights, please contact the Office of the Australian Information Commission at oaic.gov.au/privacy.

Termination of Membership or Day Pass

56.  One Roof Coworking is entitled to terminate any Formal Membership, Casual Membership or Event and Meeting Room Host booking (and associated Occupancy Licence or Casual Occupancy 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)     ‘Without cause’ by providing the relevant Member with 30 days’ written notice (‘Notice Period’), where that Member’s Membership shall expire at the end of the calendar month after the Notice Period is complete.

 Event Space Hire

57. Space and Services

57.1  One Roof Coworking Pty Ltd of 77/79 City Road, Southbank Victoria 3006 (One Roof) will provide you (defined below) a non-exclusive licence to access and use to event space, lounge areas, Internet access, office equipment, kitchen facilities, and other services as One Roof may provide from time to time (Space) for the Permitted Purpose during the Hire Term subject to these Terms and Conditions. 

57.2  One Roof will provide a booking confirmation via email to confirm the specific time, date and any other details regarding hiring the Space (Booking Confirmation). For the purposes of these terms and conditions, the person named on the Booking Confirmation is you.

57.3  During the Hire Term, you must: 

(a)    keep the Space in good condition, clean and free of rubbish and promptly make good any damage to the Space caused by you or your invitees; 

(b)    not use the Space for any purpose other than the Permitted Purpose; 

(c)    not store or use inflammable or dangerous substances in or upon the Space; 

(d)    not use the Premises in any noxious, noisy or offensive manner, nor interfere with any other tenant, occupant or visitor to the Space or One Roof; 

(e)    not obstruct or interfere with any of the entrances or common areas of One Roof;

(f)     comply with the directions of Open Roof from time to time; and 

(g)    comply with all relevant laws. 

57.4  One Roof may provide you with certain additional services as specified in a Booking Confirmation or as otherwise agreed by the parties in writing (Services).You may not use the Services for any unlawful purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair any One Roof server or network, or interfere with other members use and enjoyment of the Services. You may not attempt to gain unauthorised access to any Services. 

58       Use of the Space

2.1  All One Roof Space hires commence on the date and time displayed in the Booking Confirmation and shall, unless terminated in accordance with its terms, continue until the end date and time set out in the Booking Confirmation (Hire Term). 

58.2  Use outside of the Hire Term: For each hour that you or your invitee continue to occupy the Space after the end of the Hire Term, you will pay, by way of liquidated damages, the hourly rates detailed in the Booking Confirmation email (rounded up to the nearest full hour).  The arranged booking times allows an extra 30 minutes either side for bump in and bump out e.g if your booking is 6.30pm to 8.30pm, you will receive access to the Space from 6.00pm to­ 9:00pm.

58.3  All function hires of the Space are to be left in a clean and tidy state and clear of rubbish at the end of the Hire Term, If One Roof is required to engage a cleaning and rubbish collection service to return to the Space to an acceptable level of cleanliness, such costs are immediately payable by you on demand. 

58.4  Removal of One Roof property from the Space and rearrangement of furniture within the space without prior permission is prohibited. If One Roof grants you express permission to remove or re-arrange furniture from the Space, you must at the end of the Hire Period return the furniture to its original configuration.

58.5  You will not bring onto, or install on or near the Space any fittings, fixtures, equipment, furniture or other property without One Roof’s express permission. 

59       Staff 

59.1  As outlined in the Booking Confirmation, One Roof staff, unless otherwise advised, are onsite at the Space to assist you and your invitees with check in, directions and Space setup and layout. 

59.2  The Hirer acknowledges and agrees that One Roof staff and 24/7 residents (who use the Space for the purpose of co-working) will also have access to the Space at all times during the Hire Term.

60       Communications 

All advertisements and public announcements concerning events to be held in the One Roof space must include the following: The venue name as “One Roof”. 

61       Liability 

61.1  One Roof maintains a public liability insurance policy ($10 million limit) that covers the use of the Space in accordance with these Terms and Conditions.

61.2  You are solely responsible and liable for any loss, theft or damage to the equipment and/or property belonging to you or any of your guest or invitees kept or stored on, or at the Space. You use the Space and keep equipment or property at the Space at your own risk. 

61.3  You agree and acknowledge that the Space is not the subject of a liquor license, and therefore any consumption by you or your guests of liquor in a manner that is in breach of any local or national laws will be in material breach of these Terms and Conditions. One Roof to the fullest extent permitted by the law expressly excludes any and all liability in relation to such a breach in accordance with clause 61.4, and you agree to indemnify One Roof for all losses, claims, demands, actions or proceedings stemming from a breach by you of any local or national liquor laws.

61.4  To the fullest extent permitted by law, One Roof will not be liable to you or any third party for: 

(a)    consequential, special, indirect, exemplary damages, expenses, losses or liabilities; 

(b)    loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production; or 

(c)    theft of or damage to any property or any personal injury or death to you or any third person, arising out, of, relating to or connected with the provision or use of the Services, the Space (or any goods or services provided in connection with the Space) and these Terms and Conditions.

61.5  You will reimburse One Roof upon demand of all expenses and costs incurred by One Roof for, or in connection with, any damage to the Space and any loss or damage to property or equipment belonging to, or licensed to, One Roof. 

61.6  You defend, indemnify and hold One Roof harmless from and against all claims, demands, actions, proceedings, costs, liabilities and expenses arising out of, or in connection with, any personal injury (including death) to any of your invitees or guests to the Space. 

61.7  For an event at the Space with more than 50 expected attendees you must affect and maintain adequate and appropriate public liability insurance for the event and must provide One Roof, within 7 days of the commencement of the Hire Term, with a copy of the certificate of currency in respect of such insurance policy. Public liability insurance may also be covered by a catering company that you engage, where applicable.

 62       Booking and Payment Terms 

62.1  Event bookings made in advance not constitute a legally binding agreement until One Roof confirms payment has been made on the event booking and you have received a Booking Confirmation email. 

62.2  Event bookings are subject to: 

(a)    availability; 

(b)    the prevailing rates at the time the booking is made; and 

(c)    a minimum hire period of 4 hours.

62.3  To confirm an event booking, you must make a non-refundable deposit of 30%of the price payable for the Booking (Booking Fee) within 3 days of making the event booking. Full payment for Booking Fee must be received at least 7 days prior to the event, otherwise One Roof, at its sole discretion, may revoke the license to use the Space. All prices are in Australian Dollars and include GST.

62.4  You must also provide security for your booking by way of bond or hold on a credit card of an amount equal to 30% of total price payable or $2000 or any amount at our discretion within 7 days of making an event booking. If you fail to provide security equal to the aforementioned amount, One Roof may, at its sole discretion, revoke the License to use the Space with no obligation to provide a Booking Fee refund or any booking credit. One Roof will not hold any security paid by you in the event of cancellation or postponement.

62.5  If during the Hire Term, One Roof provide you with Services at the Space, you will be charged for those Services following the event at One Roof’s prevailing rates in the Booking Confirmation or as agreed in writing from time-to-time. 

62.6  You must pay our invoice for such Services within 14 days of the invoice date. One Roof has the right, at its absolution discretion, to require you to make full payment in advance or pay deposit at the time you order any Services. 

63       Cancellation

63.1  If you cancel or postpone your booking 30 days or less before the date of Hire Term, you will pay a cancellation fee, by way of liquidated damages, equal to the Booking Fee.

63.2  If you cancel or postpone your booking more than 30 days from the date of the Hire Term, you will be provided a booking credit equal to the amount of the Booking Fee, to be used within 12 months of the initial booking, before the booking credit expires.

63.3  One Roof may, at its absolute discretion and at any time, terminate, suspend or cancel your event booking or the Services ordered by you upon reasonable written notice to you. You will be offered either a booking credit or full refund of all monies which you have already paid. 

63.4  All cancellation charges will be processed using the credit card used by you to make the event booking. All refunds will be processed within 30 days.

64       Security

64.1  If deemed necessary by One Roof staff, at its absolute discretion, you may be required to engage the services of a reputable, registered and professional security service provider (Security Provider) to secure the entrance to the Space at all times during the Hire Term.

64.2  If required to engage a Security Provider you must, at least 7 days before the Hire Period, email an engagement confirmation letter from the Security Provider to Sheree@oneroofwomen.com. One Staff may, at its absolute discretion and at any time, cancel your event booking if you fail to provide it with an engagement confirmation letter from a Security Provider or a Security Provider fails to attend the Space during the Hire Period (as the context permits). 

65       Fair Use

65.1  We can only provide The Space at the prices outlined if Hirers of the Space use it fairly. We believe that using the space fairly means: 

(a)    You only use it for the amount of hours agreed;

(b)    You and your guests are not left unattended; and

(c)    you do not leave any of your guests in the Space when leaving.

65.2  If accessing One Roof out of hours you will be required to attend a Space induction and safety briefing.

65.3  If accessing One Roof out of hours without a One Roof staff member present, you do not exceed the prearranged hours of access. 

 66   Events out of our control:

One Roof will have no liability to you or anyone else if One Roof is prevented or delayed from performing its obligations under Terms and Conditions, by acts, omissions or events beyond its control, including, but not limited to, things like, strikes, lock outs, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services, failure of utility services, or transport or telecommunications networks, act or omission of the owner of the One Roof or other tenants or occupants (including 24/7 residents) of the Space, destruction of, or damage to, the Space, or compliance with any law or governmental order, rule, regulation or direction (Force Majeure Event). In such cases you agree that One Roof will not be liable to you or any third party for any delay or failure to meet its obligations under these Terms and Conditions. One Roof will use reasonable endeavour to perform its obligations under the Terms and Conditions once the Force Majeure Event has ceases. 

67    Relationship

Nothing in these Terms and Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way. It is not the intention of either party to create a relationship of landlord and tenant. These Terms and Conditions will not confer or impose on either party any of the rights or obligations of a landlord or tenant, or any other rights or obligations, except as set out in this agreement and those (if any) which are conferred or imposed by law on the parties.

Meeting Room Hire

68. Space and Services

68.1  One Roof Coworking Pty Ltd of 77/79 City Road, Southbank Victoria 3006 (One Roof) will provide you (defined below) a non-exclusive licence to access and use to event space, lounge areas, Internet access, office equipment, kitchen facilities, and other services as One Roof may provide from time to time (Space) for the Permitted Purpose during the Hire Term subject to these Terms and Conditions. 

68.2  One Roof will provide a booking confirmation via email to confirm the specific time, date and any other details regarding hiring the Space (Booking Confirmation). For the purposes of these terms and conditions, the person named on the Booking Confirmation is you.

68.3  During the Hire Term, you must: 

(a)    keep the Space in good condition, clean and free of rubbish and promptly make good any damage to the Space caused by you or your invitees; 

(b)    not use the Space for any purpose other than the Permitted Purpose; 

(c)    not store or use inflammable or dangerous substances in or upon the Space; 

(d)    not use the Premises in any noxious, noisy or offensive manner, nor interfere with any other tenant, occupant or visitor to the Space or One Roof; 

(e)    not obstruct or interfere with any of the entrances or common areas of One Roof;

(f)     comply with the directions of Open Roof from time to time; and 

(g)    comply with all relevant laws. 

68.4  One Roof may provide you with certain additional services as specified in a Booking Confirmation or as otherwise agreed by the parties in writing (Services).You may not use the Services for any unlawful purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair any One Roof server or network, or interfere with other members use and enjoyment of the Services. You may not attempt to gain unauthorised access to any Services. 

69       Use of the Space

69.1  All One Roof Space hires commence on the date and time displayed in the Booking Confirmation and shall, unless terminated in accordance with these terms and conditions, continue until the end date and time set out in the Booking Confirmation (Hire Term). 

69.2  Use outside of the Hire Term: For each hour that you or your invitee continue to occupy the Space after the end of the Hire Term, you will pay, by way of liquidated damages, the hourly rates detailed in the Booking Confirmation email (rounded up to the nearest full hour).  The arranged booking times allows an extra 15 minutes either side for bump in and bump out e.g if your booking is 6.00pm to 8.00pm, you will receive access to the Space from 5.45pm to­ 8.15pm.

69.3  All meeting room hires of the Space are to be left in a clean and tidy state and clear of rubbish at the end of the Hire Term. If One Roof is required to engage a cleaning and rubbish collection service to return to the Space to an acceptable level of cleanliness, such costs are immediately payable by you on demand. 

69.4  Removal of One Roof property from the Space and rearrangement of furniture within the space without prior permission is prohibited. If One Roof grants you express permission to remove or re-arrange furniture from the Space, you must at the end of the Hire Period return the furniture to its original configuration.

69.5  You will not bring onto, or install on or near the Space any fittings, fixtures, equipment, furniture or other property without One Roof’s express permission. 

70       Staff 

70.1  As outlined in the Booking Confirmation, One Roof staff, unless otherwise advised, are onsite at the Space to assist you and your invitees with check in, directions and Space setup and layout. 

70.2  The Hirer acknowledges and agrees that One Roof staff and 24/7 residents (who use the Space for the purpose of co-working) will also have access to the Space at all times during the Hire Term.

71       Communications 

All advertisements and public announcements concerning events to be held in the One Roof space must include the following: The venue name as “One Roof”. 

72       Liability   

72.1  One Roof maintains a public liability insurance policy ($10 million limit) that covers the use of the Space in accordance with these Terms and Conditions.

72.2  You are solely responsible and liable for any loss, theft or damage to the equipment and/or property belonging to you or any of your guest or invitees kept or stored on, or at the Space. You use the Space and keep equipment or property at the Space at your own risk. 

72.3  You agree and acknowledge that the Space is not the subject of a liquor license, and therefore any consumption by you or your guests of liquor in a manner that is in breach of any local or national laws will be in material breach of these Terms and Conditions. One Roof to the fullest extent permitted by the law expressly excludes any and all liability in relation to such a breach in accordance with clause 72.4, and you agree to indemnify One Roof for all losses, claims, demands, actions or proceedings stemming from a breach of any local or national liquor laws.

72.4  To the fullest extent permitted by law, One Roof will not be liable to you or any third party for: 

(a)    consequential, special, indirect, exemplary damages, expenses, losses or liabilities; 

(b)    loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production; or 

(c)    theft of or damage to any property or any personal injury or death to you or any third person, arising out, of, relating to or connected with the provision or use of the Services, the Space (or any goods or services provided in connection with the Space) and These Terms and Conditions.

72.5  You will reimburse One Roof upon demand of all expenses and costs incurred by One Roof for, or in connection with, any breach of any local or national laws and any damage to the Space and any loss or damage to property or equipment belonging to, or licensed to, One Roof. 

72.6  You defend, indemnify and hold One Roof harmless from and against all claims, demands, actions, proceedings, costs, liabilities and expenses arising out of, or in connection with, any personal injury (including death) to any of your invitees or guests to the Space. 

73       Booking and Payment Terms 

73.1  Event bookings made in advance not constitute a legally binding agreement until One Roof confirms payment has been made on the event booking and you have received a Booking Confirmation email. 

73.2  Event bookings are subject to: 

(a)    availability; 

(b)    the prevailing rates at the time the booking is made; and 

(c)    a minimum hire period of 4 hours.

 

73.3  To confirm an event booking, you must make a non-refundable deposit of 30% of the price payable for the Booking (Booking Fee) within 3 days of making the event booking. Full payment for Booking Fee must be received at least 7 days prior to the event, otherwise One Roof, at its sole discretion, may revoke the license to use the Space. All prices are in Australian Dollars and include GST.

73.4  You must also provide security for your booking by way of bond or hold on a credit card of an amount equal to 30% of total price payable or $2000 or any amount at our discretion within 7 days of making an event booking. If you fail to provide security equal to the aforementioned amount at least 3 days prior to the event, One Roof may, at its sole discretion, revoke the License to use the space with no obligation to provide a Booking Fee refund or a booking credit. One Roof will not hold any security paid by you in the event of cancellation or postponement.

73.5  If during the Hire Term, One Roof provide you with Services at the Space, you will be charged for those Services following the event at One Roof’s prevailing rates in the Booking Confirmation or as agreed in writing from time-to-time. 

73.6  You must pay our invoice for such Services within 14 days of the invoice date. One Roof has the right, at its absolution discretion, to require you to make full payment in advance or pay deposit at the time you order any Services. 

 

74       Cancellation

 74.1  If you cancel or postpone your booking 7 days or less before the date of Hire Term, you will pay a cancellation fee, by way of liquidated damages, equal to the Booking Fee.

74.2  If you cancel or postpone your booking more than 7 days from the date of the Hire Term, you will be provided a booking credit equal to the amount of the Booking Fee, to be used within 12 months of the initial booking before it expires.

 

74.3  One Roof may, at its absolute discretion and at any time, terminate, suspend or cancel your event booking or the Services ordered by you upon reasonable written notice to you. You will be offered either a booking credit or full refund of all monies which you have already paid. 

 

74.4  All cancellation charges will be processed using the credit card used by you to make the event booking. All refunds will be processed within 30 days.

 

75       Security

75.1  If deemed necessary by One Roof staff, at its absolute discretion, you may be required to engage the services of a reputable, registered and professional security service provider (Security Provider) to secure the entrance to the Space at all times during the Hire Term.

 75.2  If required to engage a Security Provider you must, at least 7 days before the Hire Period, email an engagement confirmation letter from the Security Provider to Sheree@oneroofwomen.com. One Staff may, at its absolute discretion and at any time, cancel your event booking if you fail to provide it with an engagement confirmation letter from a Security Provider or a Security Provider fails to attend the Space during the Hire Period (as the context permits). 

76       Fair Use

76.1  We can only provide The Space at the prices outlined if Hirers of the Space use it fairly. We believe that using the space fairly means: 

(a)    You only use it for the amount of hours agreed;

(b)    You and your guests are not left unattended; and

(c)    you do not leave any of your guests in the Space when leaving.

76.2  If accessing One Roof out of hours you will be required to attend a Space induction and safety briefing.

76.3  If accessing One Roof out of hours without a One Roof staff member present, you do not exceed the prearranged hours of access. 

10   Events out of our control:

One Roof will have no liability to you or anyone else if One Roof is prevented or delayed from performing its obligations under Terms and Conditions, by acts, omissions or events beyond its control, including, but not limited to, things like, strikes, lock outs, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services, failure of utility services, or transport or telecommunications networks, act or omission of the owner of the One Roof or other tenants or occupants (including 24/7 residents) of the Space, destruction of, or damage to, the Space, or compliance with any law or governmental order, rule, regulation or direction (Force Majeure Event). In such cases you agree that One Roof will not be liable to you or any third party for any delay or failure to meet its obligations under these Terms and Conditions. One Roof will use reasonable endeavour to perform its obligations under the Terms and Conditions once the Force Majeure Event has ceases. 

77    Relationship

Nothing in these Terms and Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way. It is not the intention of either party to create a relationship of landlord and tenant. These Terms and Conditions will not confer or impose on either party any of the rights or obligations of a landlord or tenant, or any other rights or obligations, except as set out in this agreement and those (if any) which are conferred or imposed by law on the parties.

Consumer Guarantees

78.  Our Services come with consumer guarantees under the Australian Consumer Law (‘ACL’). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.

 Our Liability

79.  To the extent permitted by law One Roof Coworking and Representatives will not be liable and excludes all liability (whether arising under these Terms and Conditions, in tort, negligence, statute or in any other way) for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Membership or otherwise accessing or using a Co Working Space. You hereby release One Roof Coworking and Representatives from all claims relating to a Membership or otherwise entering and using a Co Working Space. Although we will take all reasonable steps to remedy such events or issues in a prompt manner, we take no responsibility for any error, interruption or inability for you to use any feature of your Membership or facility at the Co Working or Events Space (including without limitation where the Internet ‘goes down’ or there are power outages).

80.  In the event that clause 56 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 Charges paid by you to us during the past 12 months from the date you notified us in writing of the claim.

Indemnity

81.  You hereby indemnify One Roof Coworking and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by One Roof Coworking and/or its Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms and Conditions.

General

82.  Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.

83.  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.

84.  For the purposes 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.