fSpace Co-working Space Terms & Conditions

In a Nutshell (Non-binding)

Welcome to fSpace! This is where ideas fly and coffee flows. Here’s the gist of our legal talk:

Remember, the legalese below is what really rules the roost. Read on for the specifics!

1. Definitions

2. Acceptance of Terms

By accessing or using the Services provided by fSpace, you agree to be legally bound by these Terms and Conditions, as updated from time to time. If you do not agree to these Terms, you should not use the Services or access the fSpace facilities.

Acceptance of these terms and Membership Details does not create a tenancy contract but a pre-paid usage license for the member to use fSpace services on a monthly basis.

3. Capacity

By registering as a member of fSpace, you represent and warrant that:

4. Membership and Access

Membership to fSpace grants you limited, non-exclusive access to the facilities and services in accordance with the membership plan you select. The details of different membership plans and the specific access rights and limitations associated with each are as advertised or published on our website. For existing members, details are accessible in their Membership Details or as may be varied from time to time in writing or by email. This access is conditional upon compliance with these Terms and Conditions and any other policies or rules established by fSpace.

Key-fobs for 24/7 access are included in certain membership plans and may be added to others for a monthly fee, as detailed in the Membership Details. If key-fobs are not returned upon cancellation of the add-on or termination/downgrading of the relevant plan, fSpace will issue an invoice of $100 incl. GST. fSpace reserves the right to collect this fee using any payment methods on file associated with the member's account.

While most membership plans do not require notice for cancellation, certain add-ons might entail minimum costs, such as some monitor hires. These costs, if applicable, will be clearly outlined in the Membership Details.

5. Payments and Fees

Members are required to pay all applicable fees associated with their selected membership plan as detailed on the fSpace website or as specified in their Membership Details.

Payments are due on the dates specified in these documents. Once a membership term renews, the fees for that entire term are payable in full, irrespective of the member's usage of the services during that period. Failure to make timely payments may result in late fees, interest charges, and/or the suspension or termination of access to the Services.

The standard method for payment is via a saved credit card provided during membership registration. Payment methods can be updated through the Member Portal.

6. Use of Services

Members must use the Services in a lawful manner and only for intended purposes. Prohibited activities include, but are not limited to:

7. House Rules

Members must comply with all operational rules, policies, and procedures that fSpace may publish from time to time.

8. Confidentiality

You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by fSpace or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of fSpace, any analyses, compilations, studies or other documents prepared by fSpace or otherwise derived in any manner from the Confidential Information and any information that you are obligated 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:

9. Privacy and Data Usage

fSpace respects your privacy and is committed to protecting the personal information you share with us. We collect and use your personal information only to provide and improve our Services, as detailed in our Privacy Policy, which can be accessed [insert link or location of the policy]. By registering as a member, you consent to this data processing and confirm that all information provided is accurate and up-to-date.

10. Insurance and Liability

Members are solely responsible for their own personal property and are encouraged to carry their own insurance to cover any potential losses or damages. fSpace will not be liable for any loss, damage, injury, or theft of property belonging to members or their guests under any circumstances. Members also agree to indemnify and hold harmless fSpace from all claims arising out of their use of the services or presence on the property.

11. Disclosure

fSpace reserves the right to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request. This includes, but is not limited to, disclosing information about your use of the Services and your participation in the co-working space. fSpace may also edit, refuse to post, or remove any content or information, in whole or in part, at fSpace’s sole discretion.

12. Dispute Resolution

In the event of a dispute arising under or in connection with these Terms and Conditions or any other aspect of the relationship between you and fSpace, the parties agree to first attempt to resolve the dispute informally through direct negotiation. If the dispute cannot be resolved through negotiation, the parties will utilize the Dispute Resolution Service offered by the Western Australia Government's Small Business Development Corporation (SBDC).

Should the SBDC's Dispute Resolution Service be unavailable or no longer exist, the parties agree to engage an alternative dispute resolution service that is recognized by the Western Australian government as closely aligned with the services previously offered by the SBDC.

The mediation and arbitration, if necessary, will be conducted in Perth, Western Australia. Each party is responsible for their own costs related to the negotiation and mediation stages, and any further costs associated with arbitration will be determined by the arbitrator based on the merits of the case.

13. Limitations of Liability

fSpace's total liability for any claims arising out of or related to the use of the Services or the Terms and Conditions, whether in contract, tort (including negligence), or otherwise, shall be limited to the pro-rata amount of the fees paid by the member for the period during which the services could not be used. This limitation does not exclude liabilities that cannot be excluded under Australian law.

14. Indemnification

Members agree to indemnify and hold harmless fSpace and its affiliates from any claims, damages, losses, and expenses arising from the members' breach of these Terms and Conditions and any negligent or wrongful acts, except where such claims arise from fSpace’s own negligent or wrongful acts.

15. Consent for Photography/Video and Media Release

By becoming a member of fSpace, you grant permission to fSpace and its representatives to capture and use photographs, digital images, videotape, recorded audio, and quoted remarks for promotional or educational purposes. These materials may appear in diverse formats, including but not limited to print, online, and video-based marketing materials, as well as other publications. You acknowledge that participation in such media is voluntary and that you will not receive financial compensation. You also agree that media produced by fSpace becomes the property of fSpace and may be used in connection with promoting our services without further approval. You have the right to opt-out of specific uses of your media by notifying fSpace in writing. In the absence of such a notice, it is assumed that your consent is ongoing. fSpace commits to handling any alterations or editing of media with transparency and will communicate any significant changes to the context or manner in which the images are used.

16. Termination

fSpace reserves the right to terminate any Services or Membership at any time, at its sole discretion. Termination may occur immediately and without prior notice in the event of a member's non-compliance with the Terms and Conditions, including any operational rules or policies as published from time to time.

Members may cancel their membership without notice through the Member Portal. While fSpace is happy to assist with terminations if contacted well in advance, sending an email or contacting fSpace the day before the renewal date is not sufficient to guarantee the cancellation will be processed in time. Members are encouraged to manage cancellations personally through the Member Portal to ensure timely processing.

Items left behind by members may incur storage fees up to $100 per month. Should such items remain unclaimed for more than 30 days, fSpace reserves the right to dispose of these items at its discretion. fSpace may attempt to contact the member regarding such items but is not obligated to do so.

Acknowledgement of Country

We acknowledge the Whadjuk people of the Noongar nation as the traditional custodians of the land that fSpace Coworking stands on. In the spirit of reconciliation, fSpace acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

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