Terms and conditions
just a few things to know
ACCEPTANCE OF TERMS
The services Work Work provides to you are subject to the following Terms and Conditions (“T&C”) as well as the Be Cool House Rules (read here). Work Work reserves the right to update the T&C at any time without notice.
Work Work subscription application and approval does not create a tenancy but simply a prepaid usage licence to use the provided amenities on a monthly or casual basis.
These Terms, which are binding, reflect the spirit and nature of the Work Work community and encourage cooperation among our Members, and the smooth operation of Work Work. Work Work is committed to fairness, transparency, respect and flexibility in our work and interaction between Members within our community.
DESCRIPTION OF SERVICE
Work Work may provide you with access to workstations, Internet access, office space, office equipment, workshop space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C and the Be Cool House Rules.
We’ll do our best to provide the services we currently offer, and more, but you understand and agree that they may, and will likely, change from time to time. If any of our services become unavailable e.g. internet service provider fails to provide, blackout, power surge etc, we are not responsible for any loss of work, productivity, income etc that may occur as a result.
NO UNLAWFUL OR PROHIBITED USE
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and any future notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Work Work’s server, network, and/or internet access or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorised access to any Services, or accounts, computer systems or networks connected to any Work Work server, network, and/or internet access or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by these terms and conditions and no further authorisation or approval is necessary. You further represent and warrant that your participation in or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
USE OF SERVICE
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Work Work servers.
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Be Cool House Rules).
- Harvest or otherwise collect information about other, including email addresses, without the authorisation or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identity for the purpose of misleading others.
Additionally, you agree that when participating in or using the Services, you will:
Be fully responsible for the actions of your guest while in Work Work. This includes ensuring that they comply with all terms within this agreement and the House Rules.
Be responsible for notifying Work Work of any damage caused within Work Work.
Be responsible for repairing or replacing any damage caused by you or your guest to the Work Work space that is not deemed to be regular wear and tear. If damage is not repaired or replaced by the member, Work Work will repair or replace the damage and will pass the full cost of the repair or replacement on to the member during the following monthly invoice.
Members agree to receive email from Work Work at the email address they provided during the subscription sign-up process. By using Work Work Services or providing personal information (as defined in the Personal Information Protection and Electronic Documents Act) to Work Work, the member agrees that Work Work may communicate with them electronically. If a member does not wish to receive certain types of electronic communication, please notify the Work Work Founder.
If Work Work learns of a breach to information security, Work Work may attempt to notify members electronically by posting a notice or sending an email to the membership.
RENEWALS AND TERMINATION
Subscription periods begin to run on the date your subscription is accepted by Work Work.
The T&C must be adhered to at all times. Failure to follow T&C or Be Cool House Rules can result in non renewal or even early termination of the usage license. Work Work reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C, including but not limited to termination for non-payment or violation of the space rules. If this happens, Work Work will refund any amounts paid for unused periods that remain after deducting any outstanding charges, on a prorata basis.
Users of Work Work may terminate this Agreement by giving a written notice of termination as outlined in this Agreement. Written notice to terminate shall be given by the member no less than seven (7) days prior to the desired termination date. Should Member not provide timely notice of termination to Work Work then the Subscription Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
Termination will take effect as of the desired termination date, with the following conditions:
- provide a minimum 7 days written notice to Work Work Founder;
- remove all belongings from the space; and
- Once these are complete your subscription will be fully cancelled.
INVOICING AND PAYMENT
Full payment must be made before you can begin working at Work Work. Payment for usage can be made before or on the day of intended use with credit card or cash unless other arrangement have been made with Work Work. Payments include GST – either included in total price or added to price.
Online payment does not guarantee you a seat at our table – to ensure space is available it is recommended to contact us with the dates you would like to use our service and we will confirm your seat.
WORK WORK RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION ABOUT YOU
Your participation in and use of the Services as Work Work deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in Work Work’s sole discretion. If the nature of your business or otherwise is such that it would be harmful to disclose certain information about you or your business, it is your obligation to ensure that Work Work’s Founder is made fully aware of the issue.
You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Work Work or any other member or user of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Work Work, any analyses, compilations, studies or other documents prepared by Work Work or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to:
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to use the Confidential Information in any way to directly or indirectly undermine Work Work or any member or user of the Services.
All confidential information remains the sole and exclusive property of Work Work or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Work Work or any member or user of the Services.
PARTICIPATION IN OR USE OF SERVICES
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Work Work does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by the laws of the courts of Australia, Work Work provides the Services “as is” and with all faults, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality of, or arising out of participation in or the use of the services, remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by the applicable law, in no event shall Work Work or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Work Work, and even if Work Work has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Work Work or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Work Work, or any of Work Work officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and save harmless Work Work and Work Work subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any solicitor fees and costs incurred by Work Work or its respective officers and agents in connection with the defence of such claim or lawsuit.
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Work Work carries Public Liability insurance. This does not cover your clients during onsite visits to Work Work. It is advisbale to secure your own business insurance. We do not provide insurance for any items you may leave in our space and are not responsible for any loss or damage to your property.