Terms and conditions

COHUTT Membership - Terms and Conditions

The following paragraphs outline the terms and conditions (Terms) on which COHUTT Pty Ltd of 29/232 Hutt Street, Adelaide, SA 5000 (we, our, us) grants Membership to the Member (you, your).

Definitions In these Terms, the following definitions apply:

Fees means the fees as set out on the Website as applicable to your Membership, as may be varied by us from time to time in accordance with clause 3.14, plus any one-off charges accrued by you from time to time, such as printing and meeting room charges.

Confidential Information means any information that would reasonably be deemed confidential, including information relating to either party’s business, employees, clients, products and business processes.

Member means a person granted Membership by us.

Membership means the access we grant to Members to utilise our Space and Services, as determined by the membership type selected by you.

Notice means the period of notice required to terminate the membership.

Our Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us or our service providers.

Policies mean any of our codes of conduct, policies and procedures accessible on the Portal or otherwise made available to you, as added or amended by us from time to time.

Portal means our online Member platform, which facilitates Membership sign-up, meeting room bookings, one-off purchases, visitor requests and other Member activities.

Services means the services included in your Membership as identified on the Website, as updated and amended by us from time to time.

Space means the buildings and facilities where our work hubs are located at the addresses listed on the Website.

Team means any company or group that has entered into a license agreement with us for a private office or dedicated team desks.

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

Website means our website located at www.cohutt.space or our members portal.

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Recitals

A) The Licensor is provided the land for use by the registered proprietor of the land described in item 2 of the schedule (Land).

B) A building is situated on the Land (Building), a portion of which has been allocated by the Licensor for co working office accommodation space.

C) In consideration of the licence or membership fee specified on the Website or set out in this Agreement (Membership Fee), the Licensor has agreed, subject to the terms of this agreement, to grant to the Member a licence:

(i) to use the space or that portion of the space, specified in item 3 of the schedule (Space);

(ii) for the term specified in clause 2 of this agreement; and

(iii) in the area, office or desk described in item 3 of the schedule (Allotted Area).

D) To be read in conjunction with our Code of Conduct - https://www.cohutt.space/codeofconduct

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Now it is agreed as follows:

1. Licence

In consideration of the payment of the Licence Fee, the Licensor grants the Member:

(a) a non-exclusive licence during the term specified in clause 2 of this agreement to use the space in the Allotted Area; and

(b) all the Member's ancillary rights (in common with all other persons authorised by the Licensor) in and from the Allotted Area, through areas of the Land designated by the Licensor for that purpose from time to time, but subject to the terms of this agreement.

2. Term

The term of this agreement will be from the date specified in item 4 of the schedule (Commencement Date) until the first to occur of:

(a) the immediate determination of this agreement by the Licensor under clause 4.1 of this agreement; or

(b) the expiration or sooner determination or surrender of the term of the Lease or Licence; or

(c) the termination of this Agreement with one month’s written notice by either the Licensor or the Member to terminate this agreement for standard short term; for long term agreements no less than 90 days notice is to be provided prior to the end of the full term with termination only available by the licensee at the anniversary of the full term.

(Term).

3. Member's agreement

The Member agrees with the Licensor:

3.1. Membership Fee

to promptly pay to the Licensor the Membership Fee, in the manner and at the times set out on the Website (https://www.cohutt.space/) or specified in this Agreement;

3.1.1 Unless otherwise agreed between the parties, the Licensor will only accept payment of the Fees by automatic direct debit from a bank account or credit card nominated by the Member (Visa, Mastercard and Amex). Direct debit from a bank account is the Licensor’s preferred option, accordingly there is no transaction fee. If the Member elects to pay by credit card, a transaction fee of 2.75% will apply for Visa and Mastercard payments, and a transaction fee of 3% will apply for Amex payments. Should the Member choose to pay us via an automatic direct debit from your nominated bank account, the Member must also provide the Licensor with a valid credit card and authorise the Licensor to debit any amounts payable in accordance with the Agreement from this credit card in the event that we are unable to debit your nominated bank account for any reason.

3.1.2 The Membership Fees will be debited monthly in advance from the account nominated by the Member under clause 3.1.1 on the 1st day of each month, or the next available business day, and will continue to be debited until the Membership terminates in accordance with clause 2. One-off charges accrued by the Member will be charged on the 1st of each month in arrears.

3.1.3 It is the Member’s responsibility to ensure that the Members payment details are kept up to date and that there are sufficient funds in the Members nominated account to enable the successful debit of the Fees each month. If the transaction is rejected for any reason the Member will be liable for any reasonable costs incurred by the Licensor in recovering the debt, including but not limited to any legal, bank or collection agency fees.

3.1.4 The Membership Fees are subject to review and may be increased at the Licensor’s discretion on the renewal of a plan. The Member will be notified prior to any increase in the Membership Fees taking effect.

3.1.5 Unless you are notified otherwise, the Membership Fees and any other prices referenced in this Agreement, or on the Licensor’s Website or otherwise communicated to the Member are quoted exclusive of GST.

3.1.6 The Membership Fee is due within 24 hours of the invoice provided irrespective of the due date on the invoice. Any other change to this is only to be explicitly agreed in writing by COHUTT.

3.2 Costs

(a) that the Member will pay one half of the Licensor's costs of and incidental to the preparation and negotiation of this agreement if requested by the Licensor; and

(b) that the costs of and incidental to:

(i) the recovery of any moneys due under this agreement; and

(ii) remedying or attempting to remedy any breach of the Member under this agreement,

will be:

(iii) deemed an addition to the Membership Fee falling due on the date that such costs and expenses became due and recoverable; and

(iv) payable by the Member to the Licensor in the same manner as any unpaid Membership Fee;

3.3 Assignment and subletting

Not to assign, transfer, licence or part with the possession of the Member's interest in this agreement or the Allotted Area, without the written consent of the Licensor;

3.4 Regulations

To comply with all terms, conditions, directions, rules and regulations of the Licensor regarding the use of the Space and the Allotted Area or regarding any other matter concerning the Allotted Area, the Space or the Land as set out on the Website (https://www.cohutt.space/) or specified in this Agreement;

3.5 Hours and Use

To only use the Space in the Allotted Area and only during the times set out on the Website (https://www.cohutt.space/) or specified in this Agreement;

3.6 Obstruction

(a) not to cause or permit any obstruction to the free access in and out of the Land or the Space of the Licensor, other Members or invitees;

(b) not to do anything which may be or become dangerous, unlawful, immoral or nuisance or cause damage to the Licensor or any other person in or in the vicinity of the Land and the Space; and

(c) not to bring into or deposit on the Land any waste, oil, noxious, noisome, explosive or inflammable thing or substance,

and if the Member breaches this clause, the Member authorises the Licensor and its employees, contractors or agents to remove or authorise the removal of such things and substances;

3.7 Indemnity

(a) that the Member is liable for and indemnifies the Licensor against liability or loss arising from and any cost incurred in connection with:

(i) damage, loss, injury or death caused or contributed to by the act, negligence or default of the Member, or any person in or on the Land by lawful licence of the Member; and

(ii) the Licensor doing anything which the Member must reasonably do under this agreement, but has not done, or which the Licensor considers it has not done properly;

(b) that each indemnity is independent from the Member's other obligations and continues during this agreement, after it expires or is terminated; and

(c) that the Licensor may enforce an indemnity before incurring any expense;

3.8 Risk and Release

(a) that the Member’s personal property and accessories will be at the sole risk of the Member, while such property is on the Land or the Space; and

(b) the Licensor will not be liable for and the Member releases the Licensor from:

(i) all loss of or damage to the Member’s personal property and accessories, while the property is on or entering or leaving the Land and/or the Space;

(ii) any personal injury, death, loss or damage by the Member, while on or entering or leaving the Land and/or Space for any purpose; and

(iii) anything the Licensor is permitted or required to do under this agreement, with the exception of wilful acts or acts of gross negligence on the part of the Licensor;

3.9 Vacating

3.9.1. At the end of the Term, the Member will remove the Member’s personal property and accessories from the Land and/or Space and if the Member fails to do so within 7 days after a request by the Licensor, the Licensor may treat the property and accessories as abandoned and deal with them as the Licensor sees fit;

3.9.2. On termination or cancellation of the Member’s Membership, the Member shall make good, and shall be liable for all associated costs of making good, any damage caused by the Member to the Space or the Licensor’s Property which requires repairs. Any repairs must be arranged in consultation with the Licensor, and It is the Member’s responsibility to ensure that they return their access pass, pedestal keys and any other items of the Licensor’s Property on termination or cancellation of the Membership. If the Member lose such items or fail to return them on cancellation, the Member will be required to reimburse the licensor for any reasonable costs incurred. These costs will be debited from the account nominated by the Member under clause 3.1.1.

3.10 No warranty

That the Licensor does not warrant that the Space and/or Allotted Area will for the term be structurally or otherwise suitable for the purpose for which it is to be used by the member.

4. Mutual agreements

The Licensor and the Member agree:

4.1 Default – Licensor's right to terminate

the Licensor may immediately terminate this agreement, by giving the Member written notice of termination, if the Member does not comply with any of its obligations under this agreement and if the Licensor has given notice of the nature of the default or non compliance and has provided the Member seven (7) days to remedy the default or non compliance and the Member has not complied with the Licensor’s notice within that timeframe;

4.2 Review of Membership Fee

(a) the Membership Fee will be reviewed by the Licensor from time to time as set out on the Website (https://www.cohutt.space/), or as agreed by the parties as at the anniversary of the Agreement if the fee has not been reviewed prior to that date;

(b) the Membership Fee instalments will be varied from such dates; and

(c) the stipulations set out in this clause and in item 5 of the schedule, relating to time and manner of payment of the Membership Fee, will, with the necessary changes, apply to the reviewed Membership Fee, as varied.

4.3 Personal rights

the rights conferred by this agreement, will rest in contract only and the rights of the Member under this agreement, will be those of a licensee only;

4.4 Licensor's disposal

the Licensor may dispose of or deal with its interest in this agreement at any time;

4.5 Access cards or devices

(a) the Licensor may, at its discretion, provide the Member with one access card or similar device for the Space and Allocated Area and for access to the Land, which will attract a card fee as per the schedule; and

(b) the Member:

(i) must promptly notify the Licensor if any card or devices for access to the Land and/or the Space is lost or stolen;

(ii) will be liable to pay an amount reasonably charged by the Licensor for all replacement cards or devices; and

(iii) must return access cards and other security devices to the Licensor on the last day of the Term; and

5. GST

5.1 Definitions and interpretation

For the purposes of interpretation of this clause 5:

(a) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and

(b) terms used in this clause have the same meaning as in the GST Act, unless the context requires otherwise.

5.2 Liability for GST

(a) Unless otherwise stated, the consideration payable by the Recipient to the Supplier for, or in connection with a supply under this agreement, which is subject to GST, does not include any GST.

(b) The Recipient must pay to the Supplier an additional amount on account of GST (GST Amount), equal to the consideration payable by the Recipient to the Supplier, for the Supply multiplied by the prevailing GST rate.

(c) The GST Amount is payable no later than the time the consideration to which the GST Amount relates is payable by the Recipient under this agreement, provided the Supplier has issued a tax invoice to the Recipient.

6. Miscellaneous

6.1 Notice

(a) Any notice or other document must be in writing and served, or given, by either party to the other party and will be valid and effectual if executed by such party personally or if signed on behalf of a party by that party's solicitor, manager or agent.

(b) Without prejudice to any other means of giving notice, any notice required to be served under this agreement will be sufficiently served if:

(i) served personally on, or left addressed to, the party to be served at that party's present or last known place of abode or business; or

(ii) served by email addressed to the party to be served, at that party's present or last known email address; or

(iii) as served and set out by the Licensor on the Website (https://www.cohutt.space/); or

(iv) forwarded to such party by registered mail, in a prepaid envelope addressed to the present or last known place of abode or business of such party, and any notice sent by post is deemed to have been duly served on the second day following the posting of it.

6.2 Waiver

No waiver by the Licensor of one breach of any obligation or provision in this agreement contained or implied, will operate as a waiver of another breach of it, or of any other obligations or provisions in this agreement or implied by this agreement.

6.3 Severance

Any provision in this agreement, which is not applicable to the Land and/or the Space or which is repugnant to the general interpretation of this agreement or which is invalid, unlawful, void or unenforceable, will be capable of severance, without affecting any other of the obligations of the parties under this agreement.

6.4 Interpretation

In the interpretation of this agreement:

(a) words importing the singular embrace the plural and words importing one gender embrace the other genders and vice versa respectively;

(b) any reference to a person is deemed to include a body corporate and vice versa; and

(c) all moneys payable by the Member to the Licensor under this agreement must be recoverable as a debt, or as the Membership Fee in arrears and if no date or time for payment is specified, must be payable on demand.

7. Special conditions

Despite provisions of this agreement, this agreement is subject to any special conditions specified in item 7 of the schedule and to the extent of any inconsistency, the special conditions will prevail over any of the general terms and conditions set out in this agreement.

7.1 General Terms and Conditions:

7.1.1 Membership Fees means the fees as set out on the Website or in this Agreement, as applicable to your Membership, as may be varied by the Licensor from time to time in accordance with clause 2.1.4 and clause 4.2, plus any one-off charges accrued by you from time to time, such as printing and meeting room charges.

7.1.2 Confidential Information means any information that would reasonably be deemed confidential, including information relating to either party’s business, employees, clients, products and business processes.

7.1.3 Member means a person granted Membership by the Licensor.

7.1.4 Membership means the access the Licensor grants to Members to utilise the Allocate Area, the Space and Services, as determined by the membership type selected by the Member.

7.1.5 Notice means the period of notice required to terminate the Membership.

7.1.6 The Licensor’s Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by the Licensor or the Licensor’s service providers.

7.1.7 Policies mean any of the Licensor’s codes of conduct, policies and procedures accessible on the Portal or otherwise made available to the Member, as added or amended by the Licensor from time to time.

7.1.8 Portal means the Licensor’s online Member platform, which facilitates Membership sign-up, meeting room bookings, one-off purchases, visitor requests and other Member activities.

7.1.9 Services means the services included in the Member’s Membership as identified on the Website, as updated and amended by the Licensor from time to time.

7.1.10 Space means the buildings and facilities where the Licensor’s work hubs are located at the addresses listed on the Website.

7.1.11 Team means any company or group that has entered into a License/Membership agreement with the Licensor for a private office or dedicated team desks.

7.1.12 The Member’s Property means any equipment, documents, property or possessions that the Member bring into the Space.

7.1.13 Website means the Licensor’s website located at https://www.cohutt.space/

7.2 The Membership

7.2.1. The Agreement need to be executed to the parties before the Member can commence their Membership. 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 at work@cohutt.space we can consider your concerns.

7.2.2. In consideration for the Member paying Licensor the Membership Fees, the Licensor shall endeavour to provide the Services to the best of the Licensor’s ability, and in accordance with any of the Licensor’s Policies. The Licensor values your feedback, and if the Licensor is not meeting the Member’s expectations please let the Licensor know so that the Licensor can consider ways of addressing same.

7.2.3. The Member’s Membership is personal to the Member and the Member may not transfer the Membership to anyone else.

7.2.4. The Member agrees to comply with the Licensor’s obligations under the Agreement, and with any additional obligations contained in any of the Licensor’s Policies.

7.2.5. You acknowledge and agree that:

a) your Membership is a license to use the Space, it does not give you an exclusive right to any part of the Space and no relationship of landlord and tenant is created between us and you by these Terms;

b) we retain control, possession and management of the Space and you have no right to exclude us from your desk;

c) you are responsible for ensuring that the Space meets the needs of your business or enterprise. We make no warranties or representations that the Space is suitable for the purpose you intend to use it for;

d) we will be entitled, at any time on giving reasonable notice, to require you to transfer to a comparable desk elsewhere within the Space and you will comply with such requirement; and

e) you may not approach any of our staff, or entertain any approach from our staff, to enter into an employment arrangement (directly or indirectly) during the term of your Membership or for a period of 6 months after its cancellation, without our express written permission.

7.2.6. 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 of use accepted by you when you first log in, as amended from time to time.

7.2.7. If you have Membership because you are part of a Team, clauses 4, 5 and 9 of these Terms do not apply to you, and are replaced by the relevant terms contained in your Team’s license agreement with us. If you have any questions in relation to such terms, please direct them to your Team’s authorised representative. The remainder of these Terms continue to apply to your Membership, to the extent that they are not inconsistent with your Team’s license agreement.

7.3 The Space

7.3.1. 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 Our Property, or the property 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.

7.3.2. 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 in such circumstances.

7.3.3. 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, and complies with any safety or certification requirements set out in our Policies.

7.3.4. You acknowledge that you will be liable for, and agree to make good or indemnify us (at our option) for any damage caused to the Space or Our Property, or for any claim brought against us, caused or contributed to by:

a) malfunctioning or incorrectly used equipment brought into the Space by you, your employees or your visitors. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia; or

b) any of your acts or omissions, or those of your employees or visitors.

7.3.5. 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 employees and visitors) 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.

7.3.6. You must:

a) not use the Space for any illegal or noxious purpose;

b) not deface any walls or other surfaces in the Space; and

c) not permit smoking anywhere in the Space.

7.3.7. You may not alter the Space, bring any additional furniture or appliances into the Space or affix any wall hangings or fixtures to the Space walls or windows.

7.3.8 Each Member is issued with an access pass to access the Space. These access passes are not, under any circumstance, to be copied by any Member. Access passes are not transferable and must be returned to us at the end of your Membership. You must not lend your access pass to any other person, and must notify us immediately if it is lost or stolen. In the event that your access pass is lost, we will issue you with a replacement at your expense.

7.3.9. Where gym facilities or exercise equipment are provided in the Space, any use of such facilities or equipment will be in accordance with our Policies or other terms of use at your own risk. To the extent permitted by law, you assume all liability for any injuries or other health condition caused or exacerbated by the use of such facilities and equipment. It is important that you consult your medical professional or make your own prior assessment as to the suitability of the equipment provided.

7.4. Making Changes, Cancelling or Renewing

7.4.1. The Licensor may amend the commercial terms of the licence at any time by providing the Member with 3 months’ written notice of the changes. If the Member is unhappy with any proposed changes to these terms, The member is to initiate discussion with the Licensor re the concerns and the Licensor shall consider the concerns.

7.4.2. The Member may change your personal and billing information via the Portal. Any changes the Member makes will come into immediate effect and any subsequent invoices will reflect the updated billing information.

7.4.3. The Member may request to cancel the Membership via the Portal. Such cancellation will take effect on the last day of the month after the month the Licensor receives the Member’s cancellation request via the Portal.

7.4.4. The Licensor reserves the right to cancel the Membership at any time for any reason by providing the Member with written notice. Such cancellation will take effect on the last day of the month after the Licensor notifies the Member of its intention to cancel the Membership.

7.4.5. The Licensor may cancel the Membership with immediate effect if the Member:

a) breaches its obligations in clause 7.2.5(e);

b) breach its obligations in clause 7.3.1;

c) breach any of the Member’s other obligations pursuant to this agreement and, if such breach is capable of remedy, the Member does not remedy the breach within 7 days of being notified by the Licensor;

d) fail to pay the Membership Fees, and such failure is not remedied within 14 days of being notified by the Licensor; or

e) fail to comply with the Licensor’s Policies, provided that the Licensor has given the Member written notice of such failure and the Licensor’s required remedy, and a reasonable time to rectify the failure and implement the required remedy.

7.4.6 Cancellation of Membership under clauses 7.4.3, 7.4.4 or 7.4.5 will not entitle the Member to a refund for any portion of the Fees, and the Member will remain liable for any amounts which have become due but remain unpaid.

7.4.7. If the Membership has not been cancelled in accordance with clauses 7.4.3, 7.4.4 or 7.4.5, the Membership will automatically be renewed for the next month.

7.5. Meeting and Event Spaces

7.5.1. Meeting spaces in the Space are available for the exclusive use of Members. Event spaces, which are fully serviced, are available for both Members and external parties to book. The Member must use such meeting and event spaces in accordance with the Licensor’s Policies.

7.5.2. Meeting spaces must be booked via the Portal or such other booking tool made available to the Member by the Licensor. The Licensor reserves the right to vary the Member’s booking or amend or suspend access to the meeting spaces as may be reasonably necessary from time to time.

7.5.3. Membership entitles the Member to an allowance of meeting room credits, meeting room bookings in excess the Member’s credit allowance will attract additional fees in accordance with the Licensor’s Policies, as amended from time to time.

7.5.4. Any fees associated with the Member’s meeting or event space bookings will be debited from the account nominated by you under clause 3.1.1, in accordance with the Licensor’s Policies.

7.6 Fair Use of the Space

7.6.1.The Licensor can only provide the Services for the membership Fees quoted if Members use the Space fairly. The Licensor understands that using the Space fairly means that the Member shall:

a) only use the Space for the number of days per month and during the times allocated to the Member’s Membership;

b) familiarise itself with and observe the Licensor’s Policies.

7.6.2. If the Member’s employees or visitors who are not Members 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 the licensor’s staff in the Space or via phone or email.

7.6.3. Member’s employees and visitors who are not Members are only permitted in the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays) and must sign in at the host desk prior to entering the Space. For security reasons, the Licensor reserves the right to refuse entry to any Member employee or visitor that does not sign in.

7.6.4. Continued abuse of the fair use requirements (contained in clause 7.6) by the Member may result in the cancellation of Membership.

7.7 Security and Confidential Information

7.7.1. Any Confidential Information the Member give the Licensor, or the Licensor gives the Member, remains confidential. The Licensor has adequate policies and procedures in place to protect Confidential Information the Member discloses to the Licensor and the Member agrees to take reasonable care to protect any Confidential Information the Licensor may disclose to the Member and not disclose it to any third party.

7.7.2. The Space is a collaborative workspace, and the Member may find that it is working in close proximity to individuals or organisations that compete with the Member’s business. It is the Member’s responsibility to adequately protect its Confidential Information, and to ensure that it complies with any obligations of confidence the Member owes to any third party. The Licensor will not be liable for any unauthorised disclosure of the Member’s Confidential Information, unless such disclosure occurs as a result of a breach of the Licensor’s confidentiality obligations to the Member.

7.7.3. The Licensor makes no representations about the security of its internet connections, and the Member must take reasonable security measures (i.e. encryption) as are necessary for the Member’s business or enterprise.

7.8 Liability and Insurance

7.8.1. The Licensor maintains a public liability insurance policy that covers the Space and the Licensor is covered for its own contents. The Licensor’s contents insurance does not extend to the Member’s Property or the property of the Member’s employees or visitors. The Member should make its own insurance arrangements to ensure that its Property and any other liabilities are fully covered, including public liability and any State or Territory workers compensation insurance requirements.

7.8.2. The Licensor may have staff overseeing the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays), however the Licensor does not accept responsibility for loss or damage to any of the Member’s Property left unattended or unsecured in the Space.

7.8.3. The Licensor’s liability to the Member for breach of the Agreement will be capped at an amount equal to the Membership Fees paid or payable 1 month prior to the claim arising. The licensor will not be liable for any indirect or consequential loss, including, but not limited to, any loss of actual or anticipated business, income or loss of opportunity.

7.8.4. The Member shall indemnify the Licensor for any loss incurred by the licensor or any claim brought against the Licensor resulting from a breach by the Member of the Agreement or any action of the Member’s employees or visitors accessing or using the Space.

7.8.5. Nothing in the Agreement will exclude or limit any rights or remedies the Member may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.

7.9 Things Out of Our Control

Sometimes events happen that are out of the Licensor’s and the Member’s control. These include things like strikes, lockouts, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent the Licensor from providing the Member with access to the Space, providing the Services in whole or in part, or may prevent the parties from performing their obligations under the Agreement. 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 cancel the Membership if the delay or failure continues for a period of 30 days or more.

7.10 Privacy

The licensor is committed to maintaining the confidentiality and security of the Member’s personal information and managing it in an open and transparent way. The Licensor takes it obligations under the Privacy Act 1988 and the Australia Privacy Principles very seriously and have implemented practices, procedures and systems to ensure it complies with those laws. You can access our privacy policy at https://www.cohutt.space/privacy