Terms and conditions

General Terms and Conditions

Introduction

Workers Hut (hereafter referred to as "we," "us," or "our") is a coworking service based in Victoria, Australia providing access to workspace and other related services to its members. These Terms and Conditions apply to all members (hereafter referred to as “member”, “you” or “your”) using our co-working service. By using our services, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following terms and conditions shall have the following meanings:

“Workers Hut” means Kipiko Pty Ltd ACN 602 991 846 trading as Workers Hut.

“Space” means the Workers Hut locations at 17 and 19 Baines Crescent, Torquay, Victoria, Australia 3228, or such other location that Workers Hut may relocate to or occupy in the future.

"Services" means the provision of access to the space, meeting rooms, common areas, as well as internet access, printing, and other related services to its members, offered by us.

"Facilities" means the physical premises, equipment, and infrastructure used to provide the Services.

“Member” means a person granted Membership by us.

"Membership" means your right to use the Services and Facilities, subject to these Terms and Conditions.

“Portal” means our online Member platform.

“Your Property” means any equipment, documents, property, or possessions that you bring into the Space.

“Website” means our website located at www.workershut.com

2. Space

The Space is a shared office, and we ask that you consider other Members and use the Space and the Portal in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to the facilities, or the equipment 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 to the Portal.

3. Membership

Membership is open to individuals and companies who meet the requirements set by us. Member must provide accurate, complete, and up-to-date information about Member, including Member’s full legal name, mailing address, email address, mobile phone number, and payment information during the registration process. We reserve the right to refuse or terminate membership at its sole discretion. Your Membership is personal to you. You may not transfer your Membership to someone else without us agreeing to it in writing first.

Your Membership entitles you to access and use the Portal. Your Portal login details are personal to you and must not be shared with anyone else. You should take sufficient care in ensuring the security of your login details and contact us immediately if you believe that someone else has access to them or is using them. You must use the Portal in accordance with the Terms and Conditions accepted by you when you first login, as amended from time to time.

4. Use of Services

To use the Services, you must become a member. Membership is subject to availability and may be subject to additional terms and conditions, such as credit checks or payment of security deposits. Members are allowed to use the shared office space, meeting rooms, and other services provided by us during the agreed upon hours of operation. We reserve the right to change our hours of operation or services offered at any time. Members agree to use the services in a professional and respectful manner and not to use the services for any illegal or harmful activities, and you agree to comply with all laws, regulations, and policies that apply to your use of the Services and Facilities.

5. Fair Use by Members

We can only provide the Services for the Fees quoted if Members use the Space fairly. We believe that using the Space fairly means that you:

a. only use the Space for the number of days per month and during the times allocated to your Membership;

b. limit the number of guests you bring into the Space. Excluding meeting room bookings and venue hire, we consider that one guest 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.

c. limit printing to a reasonable amount, in accordance with any policies introduced from time to time by us and communicated to you.

d. You must not use the internet access provided for excessive downloads or for any illegal purpose.

e. If your guests would like to work in the Space for all or part of the day, they are welcome to purchase a day pass, or discuss membership options by contacting our staff in the Space or via phone or e-mail.

f. Guests are only permitted in the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays).

g. Continued abuse of the fair use requirements may result in the suspension or termination of your Membership.

6. Payment

Members must pay for the services they use in accordance with the prices and payment terms set by us. We reserve the right to change prices and payment terms at any time. If a member fails to pay for the services on time, we may terminate the member’s membership and/or take legal action to recover the outstanding amount. The member 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. The Member agrees to provide us with valid and updated payment information. You may change your personal and billing information via the Portal. You must do this at least 30 days prior to the day you require the change to take effect.

You are responsible for all taxes and charges associated with the Services, including but not limited to value-added tax, goods and services tax, sales tax, other government charges, and any late payment fees. Unless you are notified otherwise, the fees and any other prices referenced on our website or otherwise communicated to you are quoted exclusive of GST.

Unless otherwise agreed between us, we only accept payment of the Fees by Bank Transfer or automatic direct debit from a credit card nominated by you (Visa and Mastercard). The Fees will be debited monthly in advance from your nominated account on the anniversary date of your registration date each month, or the next available business day, and will continue to be debited until your Membership ends.

7. Termination of Membership

We may terminate your Membership at any time, with or without cause, by giving written notice to you. In the event of termination by us, any amounts owed by the member must be paid in full before the termination takes effect. Upon termination of your Membership, you must immediately cease using the Services and Facilities, and return any equipment or property belonging to us.

8. Termination Notice Period

If a member wishes to terminate their membership with the coworking space, the member shall provide a written notice to the coworking space at least 60 days prior to the intended termination date. The notice shall be deemed effective upon receipt by the coworking space, and the member shall be responsible for ensuring that the notice is delivered to the designated representative of the coworking space.

During the notice period, the member shall continue to be responsible for all membership fees and obligations until the termination date. Failure to provide the minimum 60-day notice may result in the member being liable for additional fees or penalties as determined by the coworking space.

The coworking space reserves the right to terminate the membership immediately for any breach of the terms and conditions of membership, including but not limited to non-payment of fees, violation of coworking space rules, or conduct that is detrimental to the operation of the coworking space.

This Termination Notice Period clause constitutes an integral part of the membership agreement between the member and the coworking space and shall be binding upon both parties. Any amendments or modifications to this clause must be made in writing and signed by both parties to be valid and enforceable.

In the event of any dispute arising out of or in connection with the termination of membership, the parties agree to resolve such dispute through arbitration in accordance with the rules of the relevant arbitration body or through any other mutually agreed-upon method of dispute resolution. The laws of the jurisdiction in which the coworking space is located shall govern the interpretation, validity, and enforcement of this Termination Notice Period clause. Any legal action or proceeding arising from or relating to this clause shall be brought exclusively in the courts of competent jurisdiction in the said jurisdiction.

This clause supersedes any prior discussions, understandings, or agreements, whether written or verbal, relating to the termination notice period for membership termination in the coworking space. By providing the required 60-day notice, the member acknowledges and accepts their obligation to fulfill the terms of this clause. Any waiver or modification of this clause must be in writing and signed by both parties to be valid. This clause shall survive the termination or expiration of the membership agreement for any reason. In the event of any conflict between this clause and any other provision of the membership agreement, this clause shall prevail. This clause may not be amended, modified, or waived except in writing signed by both parties. This clause constitutes the entire agreement between the parties concerning the termination notice period for membership termination and supersedes all prior and contemporaneous understandings and agreements, whether written or verbal. No oral or written representation, warranty, or promise not contained in this clause shall have any force or effect. This clause may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or scanned copies of signed originals shall be deemed to be originals for all purposes. This clause shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of this clause is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The headings in this clause are for convenience only and shall not affect the interpretation or construction of this clause. This clause may not be assigned by the member without the prior written consent of the coworking space. The coworking space may assign this clause without the consent of the member. This clause may be executed by electronic signature or in counterparts, each of which shall be deemed an original.

9. Liability and Indemnification

We will not be liable for any damage, loss or theft of property or personal injury that may occur while a member is using the services. Members are responsible for their own property and personal safety while using the services. We will not be liable for any indirect, incidental, special, or consequential damages arising from Your Property or your use of the Services, including but not limited to loss of profits or business interruption.

You are solely responsible for any damage or loss to the Facilities or equipment caused by your use of the Services. You agree to indemnify and hold harmless us and our affiliates, officers, agents, and employees from any claims, damages, or expenses arising from your use of the Services.

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.

Sometimes events happen that are out of our control. These include 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. 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 you agree that we will not be liable for any delay or failure in performing our obligations.

10. Disclaimer of Warranties

The Services are provided “as is” and without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted or error-free, and the Member agrees that the Member uses the Services at the Member’s own risk.

11. Security & Confidentiality

The Member acknowledges that the Member may have access to confidential information belonging to us and/or other Members (“Confidential Information”). The Member agrees not to use or disclose any Confidential Information for any purpose other than for the Member’s use of the Services. Confidential information includes, but is not limited to, business plans, trade secrets, and confidential communications.

We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e., encryption) as are necessary for your business or enterprise.

12. Intellectual Property

All intellectual property rights in the Services and Facilities are owned by us or our licensors, and nothing in these Terms and Conditions gives you any right to use any intellectual property of ours or our licensors.

13. Privacy

We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way. We take our obligations under the Privacy Act 1988 and the Australian Privacy Principles very seriously and have implemented practices, procedures, and systems to ensure we comply with those laws. You can access our privacy policy at www.workershut.com/legal/privacy.

14. Cookies

We are committed to ensuring that our services are secure and user-friendly for all our customers. To achieve this, we use a variety of technologies, including cookies, to collect and store information about your use of our services. Our Cookie Policy explains what cookies are, how we use them, and what you can do to manage your preferences. You can access our Cookies policy at www.workershut.com/legal/cookies..

15. Governing Law and Jurisdiction

These Terms and Conditions, any Member Agreement, and any dispute arising from your use of the Services will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. Any disputes arising from these terms and conditions will be resolved through the courts of Victoria, Australia.

16. Modification of Terms and Conditions

Workers Hut reserves the right to modify these terms and conditions at any time without prior notice to the members. The updated terms and conditions will be posted on the Workers Hut website. Members are responsible for regularly reviewing the terms and conditions to stay informed of any changes. Your continued use of the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

17. Entire Agreement

These terms and conditions constitute the entire agreement between Workers Hut and its members and supersedes all prior agreements and understandings, whether written or oral, relating to the use of Workers Hut co-working service.

By using Workers Hut co-working service, members agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use Workers Hut co-working service.

Contact Information If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected]