The following paragraphs outline the terms and conditions (Terms) on which CoBrew Pty Ltd of 1 Theobald St, Melbourne, Vic 3071 (we, our, us) grants the Licence to (you, your).
1. Definitions
In these Terms, the following definitions apply:
Member means a person granted Membership by us. This includes Hot Desk users, and Month-By-Month users and their team.
Membership means the membership we will grant Members.
Permanent Member means a person or team signed up on a month-by-month contract.
Hot Desk user means a person who has signed up for a single day at a time.
Team Members means the people associated with a Membership provided to a Member and their company.
Your Property means any equipment, documents, property or possessions that you or your Team Members bring into the Space.
Our Property means any furniture, equipment, documents or other property in the Space or the Studio that is owned or controlled by us.
Space means the buildings and facilities where our workstations are located at the addresses listed on the Website.
Office, Studio or Desk Technical Overview means the specifications attached to or accompanying these Terms setting out the technical offerings available in the Space.
Commencement Date means the date specified in Schedule A.
Term means the term commencing on the Commencement Date and continuing until cancelled in accordance with clause 5.
Fee means the fee specified in Schedule A, as may be varied by us from time to time in accordance with clause 6.4.
Licence means the licence to occupy the ‘Office’, ‘Studio’ or ‘Desk’ granted to you by us in accordance with clause 2.
Policies mean any of our codes of conduct, policies and procedures made available to you, as added or amended by us from time to time.
Services means the services outlined in Schedule A, as updated and amended by us from time to time
Website means our CoBrew website located at www.cobrew.com.au.
2. The Licence
2.1. These Terms need to be agreed to by you before you can commence your occupation of the Office, Studio or Desk. If there is anything that you do not agree with or do not understand in these Terms please do not accept them and contact us so we can address your concerns. You warrant to us that you will ensure that your Team Members comply with the terms applicable to their Membership and use of the Space in clauses 3, 4, 7, 8, 9 and 12.
2.2. In consideration for you paying us the Fee, and subject to you agreeing to these Terms, we agree that during the Term we will supply you with the Services, grant Membership to your Team Members and grant you the Licence in accordance with clause 2.3.
2.3. You acknowledge and agree that:
a) You shall occupy the Space as a licensee and that no relationship of landlord and tenant is created between us and you by this agreement;
b) We retain control, possession and management of the Space and you have no right to exclude us from the Office, Studio or Desk;
c) You are responsible for ensuring that the Office, Studio or Desk meets the needs of your business or enterprise. We make no warranties or representations that the Office, Studio or Desk is suitable for the purpose you intend to use it for;
d) The License granted by this agreement is personal to you and is not assignable and the rights given in this clause may only be exercised by you and your Team Members; and
e) We shall be entitled at any time on giving reasonable notice to require you to transfer to a comparable area elsewhere within the Space and you shall comply with such requirement.
3. The Membership
3.1. We will endeavour to provide the Services to the best of our ability. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this.
3.2. You agree that you will procure that your Team Members will comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
4. The Space
4.1. The Space is a shared office and we ask that your Team Members consider other Members and use the Space with consideration to others. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their Membership and access.
4.2. The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to mitigate any risks or privacy issues.
4.3. You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members sharing the Space.
4.4. We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested in accordance with AS/NZS 3760:2010.
4.5. You acknowledge that you will be liable for, and agree to indemnify us for any damage caused to the Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Space by you, your Team Members, employees or your guests. This includes, but is not limited to, damage caused by electrical equipment or electrical equipment not fit for use in Australia.
4.6. You are responsible for making good or indemnifying us (at our option) for any damage caused to the Space or Our Property by you, your Team Members, your employees or your guests (excluding fair wear and tear).
4.7. We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your Team Members, employees and guests) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.
4.8. You must ensure that your Team Members:
a) not use the Space for any illegal or noxious purpose;
b) not deface any walls or other surfaces;
c) support fire safety by not permitting smoking, lighted incense or candles anywhere in the Space; and
d) maintain good condition for your Office, Studio or Desk and any shared area you use (fair wear and tear excepted).
4.9. You may not affix any wall hangings or fixtures to the Studio walls without our prior written consent and take responsibility to repair any holes or damage when ending your contract, returning the Studio or Office in the same condition when your contract began.
5. Making Changes or Cancelling
5.1. We may amend these Terms at any time by providing 1 months’ written notice. If we choose to do so, we will inform you in writing. If you are unhappy with any proposed changes contact any of our staff members and we will use reasonable endeavours to address your concerns.
5.2. You may change your billing information via the CoBrew Website.
5.3. We may terminate the Membership of yourself and any Team Members with immediate effect if you or any of your Team Members:
a) breach the obligations in clause 4.1;
b) breach any of the other obligations in these Terms and, if such breach is capable of remedy, you do not remedy such breach within 7 days of being notified by us;
c) fail to pay the Fee, and such failure is not remedied within 14 days of being notified by us; or
d) fail to comply with our Policies, provided that we have given you or your Team Member written notice of such failure and our required remedy, and a reasonable time to rectify the failure.
5.4. Either party may cancel the Membership Agreement at any time by providing the other party with 1 months written notice. If you fail to give us the required period of notice, or if your Membership is terminated in accordance with clause 5.3, you shall remain liable for the Fees and responsibilities for the full 1 month notice period.
5.5. When the Membership ends you must repair any damage caused by you or any Team Member to the Office, Studio or Desk or the and return the Office, Studio or Desk to us in the same condition as at the Commencement Date, having regard to fair wear and tear. We reserve the right to deduct from the account nominated by you under clause 6 the reasonable cost of rectifying your failure to comply with this clause.
5.6. When your Membership ends, due to voluntary or involuntary reasons, you must return all keys provided to you by us. Any keys lost or not returned will insure a replacement fee and possible locksmith charges.
6. Fees
6.1. We will provide you with the Membership and the Services in consideration for you paying the Fee in the manner identified in clause 6.2 below.
6.2. Depending on the type of Membership, Hot Desk users will be billed at the time of booking via the CoBrew website. Unless otherwise agreed between us, for Memberships, the Fee will be by direct debited from a Visa, Mastercard credit card, as nominated by you. The Fee will be debited monthly in advance from your nominated account each month starting on the date you sign up as a paying member on the CoBrew Website, and will continue to be debited until your Membership ends in accordance with clause 5.
6.3. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fee each month. If the transaction is rejected for any reason you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees.
6.4. The Fee may be subject to review each calendar (January – December) or financial year (July – June) at our discretion. You will be notified in writing 3 months prior to any increase in the Fee taking effect.
6.5. If you require electronic or telephone configurations that differ from the standard services outlined in the Studio Technical Overview, you must use an IT provider approved by us and will be liable for all costs associated with the implementation of your alternate requirements.
6.6. Unless you are notified otherwise, the Fee and any other prices referenced on our Website or otherwise communicated to you are quoted exclusive of GST.
7. Boardroom
7.1. Communal spaces in the Space are available to all Members free of charge.
7.2 The Boardroom is available to book via the CoBrew website for a maximum of two hours at a time, to those with Permanent Memberships. Unless agreed upon with the CoBrew Management, Hot Desk users do not have access to the Boardroom. The Boardroom must be left in a tidy condition for the next booking, including putting chairs back and removing any dishes or rubbish.
8. Fair Use by Members
8.1. We can only provide the Services for the Fee quoted if Members use the Space fairly. Using the Space fairly means that you:
a) only use the Space on the days of your Membership;
b) limit the number of guests you bring into the Space. Excluding boardroom bookings, we consider that two guests for up to two hours is reasonable. Please understand that to be fair to other Members we may need to limit guest access in peak times. If for whatever reason you need additional guest access please talk to us to see what can be arranged; and
c) limit printing to a reasonable amount, in accordance with any policies introduced from time to time by us and communicated to you. Unless otherwise notified by us, we consider a maximum of 100 black and white pages per Permanent Member per month as reasonable. And 20 pages per day for Hot Desk users. Black and white printing is preferred to colour which saves us excessive printing charges and helps the environment.
8.2. You must not use the internet access provided for excessive downloads or for any inappropriate or illegal purpose.
8.3. If your guests would like to work in the Space for all or part of the day, they are welcome to purchase a Hot Desk day pass, or discuss membership options by contacting our staff in the Space or via phone or e-mail.
9. Confidentiality & Privacy
9.1. We are committed to protecting your personal information and complying with our obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
9.2. All Members and their visitors must respect the confidentiality and privacy of all persons using the Space. Any confidential, personal or commercially sensitive information that they see, hear, access or otherwise become aware of must be kept confidential and must not be disclosed, copied, used or shared without the consent of the relevant person or entity. All Members must take reasonable steps to protect confidential information belonging to others.
9.3. You are responsible for ensuring that your Confidential Information, and that of your Team Members, remains secure while using the Space and the Portal. We will not be liable for any unauthorised access to or disclosure of your Confidential Information, except where such access or disclosure results from our breach of our confidentiality obligations to you.
9.4. We do not warrant or guarantee the security of the Space’s internet connection or network. You are responsible for implementing any security measures necessary to protect your Confidential Information, including encryption and other appropriate safeguards.
10. Liability and Insurance
10.1. We maintain a public liability insurance policy that covers the Space and we carry our own contents insurance. Our contents insurance does not extend to Your Property or the property of your Team Members and guests. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and meeting any State or Territory workers compensation insurance requirements.
10.2. Our staff oversee the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays). However we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space. If you or any of your Team Members lose the key to your Studio you should notify us immediately.
10.3. Our liability to you for breach of these Terms will be capped at an amount equal to the Fees that you have paid in the 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.
10.4. You will indemnify us for any loss incurred by us or any claim brought against us resulting from a breach by you or your Team Members of these Terms or any action of your employees or guests you bring into the Space.
10.5. Nothing in these Terms shall exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.
11. Things Out of Our Control
Sometimes events happen that are out of our control. These include things like strikes, lock outs, accidents, war, fire, weather issues, or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to the Space, providing the Services in whole or in part, or may prevent you from performing your obligations under these Terms. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may terminate the Membership if the delay or failure continues for a period of 30 days or more.
12. Security
12.1 Members receive a set of keys when they sign up. This provides 24 hour access 7 days a week. If you are the last to leave, it is your responsibility to ensure you lock both the front door and gate to the Space. Those who fail to do so will be held accountable for anything that may occur if leaving the building unlocked.
12.2 In the event that the door can not be locked for any reason, you must tell the bar manager should he be working, or contact a staff member listed on the contact sheet stationed on the CoBrew Reception desk. To avoid being held liable, you must remain in the building until a solution is provided.
12.3 Hot Desk users must ensure they are not the last to leave. Hot Desk users may use the Space between the hours of 9am and 5pm, weekdays only. These hours ensure that the Space can be opened before Hot Desk arrivals and locked by a CoBrew Member or staff member after leaving.
13. 3 Ravens Bar
13.1. 3 Ravens Bar operates from midday Thursday through to Sunday. From time to time the bar will host events which may create some noise from below the Space. Most events occur from 6 however at other times music can be heard from some areas within the space.
13.2. Both CoBrew Members and Hot Desk users are encouraged to let the bar know they are CoBrew patrons for a discounted drink! The particular discount is at the discretion of the Bar Manager at the time of asking.
14. Brewery
Our partners operate a brewery below CoBrew. The brewery operates Monday to Friday. Occasionally you will smell the aromas associated with brewing in the Space and occasionally some noise will be heard.
Cobot is the web platform used by CoBrew to provide this website.
See Cobot Terms