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Terms and Conditions

 

General Terms and Conditions

Terms of Use

You agree that your use of the Gold Coast Business Hub and the Gold Coast Business Hub Website is at all times subject to the following terms and conditions, referred to as the Terms of Use. By signifying acceptance of the Terms of Use on the Gold Coast Business Hub Website, you agree to be bound by the Terms of Use and the Gold Coast Business Hub Privacy Policy.

 

Gold Coast Business Hub

 

 

1.1     Symptoms

You must not enter the Gold Coast Business Hub if you have any of the following symptoms –

• Fever
• Sore throat
• Runny nose or any other symptom reasonably associated with having a cold
• Diarrhoea
• Illness related to vomiting or nausea.

1.2    Health Concern

If you are in the Hub, and you are exhibiting symptoms of illness such that in our opinion your continuing presence in the Hub may present a risk to the health of others in the Hub, or us, and we request you to leave, you agree that you will immediately leave the Hub and not return without our prior consent.

1.3 Hand sanitation

Before entering into the Hub please treat your hands with the supplied hand sanitiser.

1.4    Facemask

Whilst in the Hub you must comply with any directions given by us in relation to wearing a face mask, including as to the specifications of the mask.

 

2. Cancellation policy

When you make a booking for the use of facilities at the Gold Coast Business Hub, we will allocate resources to provide the requested services. Once paid, the booking is final. If the booking is subsequently cancelled, or if you do not make full use of the booked services, no refund of charges will be made.

 

The Gold Coast Business Hub Website may contain links or other references to Third Party Websites. If it does, you agree that we have no Liability or responsibility for the condition, safety or content of those websites, and you acknowledge that a link or a reference to a Third Party Website does not imply any endorsement, approval or sponsorship of the website or of any product or service available through it. We make no representations or warranties whatsoever, either express or implied, regarding any Third Party Website, including as may be said to arise from the existence of a link or reference on the Gold Coast Business Hub Website.

 

Copyright in the Gold Coast Business Hub Website, including all text, graphics, logos, icons, sound and video recordings, and software is owned or licensed by us. Except as permitted under the Terms of Use or by our written permission, you agree that you will not in any form or by any means –

 

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Gold Coast Business Hub Website Content, or

 

• commercialise any information, products or services accessible from any part of the website.

 

Except with our written permission, you agree that you will not use any of our trademarks displayed on the Gold Coast Business Hub Website including, without limiting the effect of that agreement –

 

• as or as part of your own trademark
• in connection with activities, products or services which are not ours,
• in a manner which may be confusing, misleading or deceptive, or
• in a manner which, or in association with anything which, disparages us, the Gold Coast Business Hub, any Content of the Gold Coast Business Hub Website, any our products or services, or the Gold Coast Business Hub Website.

 

You agree that you will ensure that the processes employed for accessing the Gold Coast Business Hub Website by means of your login details prevent the transmission of viruses, malicious computer code or other forms of interference which may damage either your or our computer systems, or which may cause interference with the Content or operational functionality of the Gold Coast Business Hub Website.

You agree that we will have no Liability in respect of anything done by a virus, malicious computer code or anything which might interfere with or damage computer systems where exposure to the virus, computer code or thing has arisen from or in connection with access to the Gold Coast Business Hub Website through your login details.
 

We may change the Gold Coast Business Hub Website at any time and in any way without prior notice.

7.1     Security of information

We will take reasonable steps to maintain the security of information provided by you. We will have no Liability in respect of a disclosure of your personal information where it arises directly or indirectly from a disclosure by you of your login details. Subject to these Terms of Use, we do not warrant the security of any information you provide, and you provide information at your own risk.

 

7.2    Cookies

You agree to our installing cookies on any computer or device by which access to the Gold Coast Business Hub Website is obtained through your login details.

 

7.3    Termination of Access

We may terminate your access to the Gold Coast Business Hub Website at any time without notice, and without giving a reason.

 

7.4    General disclaimers

We do not warrant that information on the website is or at any point in time will be accurate or complete, and you agree that you will not rely upon information on the website in making any decision, but instead will make your own separate enquiries and investigations, and will rely solely upon them.

We make no representation or warranty –

 

• as to the availability of and the continuity of access to the Gold Coast Business Hub Website, or
• as to the performance of the Gold Coast Business Hub Website.

 

8.1    Application

The Gold Coast Business Hub Facilities provisions of the Terms of Use do not apply to a written tenancy agreement between us for the letting of a suite or office.

 

8.2    Room Hire

In consideration of your payment and your promise, if any, to make further payments, we grant you a licence to occupy a meeting room or the boardroom, suite, office or day desk allocated to you on the days and at the times agreed. Your agreement with us does not give you a tenancy right, or a right to exclusive possession of any part of the Gold Coast Business Hub.

We may terminate your licence at any time without prior notice if the agreed fee has not been paid or if, in our reasonable opinion, you have failed to meet your obligations under the agreement.

8.3    Gold Coast Business Hub Services

In the periods in which you have a licence to occupy a meeting or board room, suite, office or day desk, you may make use the office equipment and other facilities provided for users of the Gold Coast Business Hub, including the Wi-Fi Network, the Local Area Network and the fixed line telephone and facsimile services, subject to the Terms of Use and the Fair Use Policy.

We may charge a fee for photocopying in excess of 50 pages in a day, calculated at the rates from time to time displayed on or near the photocopier or, if the rate is not displayed, at a reasonable rate nominated by us. You agree to maintain strict confidentiality in respect of the codes for access to the Wi-Fi Network and the photocopying equipment, and to not permit any other person to make use of the codes to access the network or the equipment, except with our permission.

You must ensure that you and anyone who enters the Gold Coast Business Hub in connection with you uses the office equipment only for the purposes for which it was designed to be used, and strictly in accordance with any directions or guidelines given or provided by us.

The provision of telephone services is subject to availability, and in our discretion.

8.4   Use of the Gold Coast Business Hub

You may use the Gold Coast Business Hub only for personal or commercial uses which, in our opinion, are in the nature of or similar to office work or personal study or otherwise consistent with the nature of the Gold Coast Business Hub.

You must conduct your activities in and in connection with the Gold Coast Business Hub in a reputable manner and so as to cause minimal disturbance to us and other users of the Gold Coast Business Hub. In particular you must ensure that you and anyone who comes into the Gold Coast Business Hub in connection with you –

 

• contains noise levels both within the meeting or board room, suite or office, or at the day desk and elsewhere so as not to cause inconvenience to others, which, in our opinion, is unreasonable,

 

• conducts themselves courteously and respectfully towards all persons, and does not use language which, in our opinion, is obscene, threatening, harassing, hateful or defamatory, or which tends to promote violence, or which is otherwise in our opinion inappropriate,

 

• does not bring an illegal substance into the Gold Coast Business Hub, or onto the Kay House Land,

 

• does not make use of or consume any tobacco product in the Gold Coast Business Hub, elsewhere on the Kay House land, or on the footpath and nature strip abutting that land, and

 

• does not, by negligent act or omission or otherwise, cause damage to the Gold Coast Business Hub premises or anything in those premises, including furniture, office equipment and other things provided by us.

 

You agree that you will not bring a child under the age of six years into the Gold Coast Business Hub, or have a child under the age of six years in the Gold Coast Business Hub in connection with you.  You also agree that you will not bring a child of six years but not more than ten years into the Gold Coast Business Hub, or have a child in that age range in the Gold Coast Business Hub in connection with you, except with our prior agreement, and then only on the terms of that agreement.

You also agree that, except with our prior consent, neither you nor anyone who comes onto the Kay House common areas or into the Gold Coast Business Hub in connection with you, will bring any Animal onto the common area or into the Hub, or be accompanied by any Animal on the Kay House common area or in the Hub.  For that purpose, an Animal means any dog, cat, bird or other animal, except for an assistance animal within the meaning of the Disability Discrimination Act (Cth) or an assistance dog, guide dog or hearing dog within the meaning of the Guide, Hearing and Assistance Dogs Act 2009 (Qld).

You agree that you will place all paper and other waste arising from your use of the Gold Coast Business Hub in a refuse receptacle provided by us.

You agree that you will leave the meeting or board room, suite, office or day desk used by you in a neat and tidy condition commensurate with its condition at the commencement of your use of it.

8.5    Fire Safety

You must ensure that both you and anyone who comes into the Gold Coast Business Hub in connection with you engage co-operatively in any fire drills and tests of Kay House fire equipment and fire safety procedures, including by strictly observing the evacuation procedures from time to time stipulated by us.
 

If we become liable for the payment of a charge to the Queensland Fire Service or another body with responsibility for fire safety arising in connection with the attendance of a fire service officer or appliance at Kay House in consequence of an alarm arising from anything done or omitted to be done by you or them, you agree that you will pay the amount of the charge to us on demand.

 

8.6    Kitchen Area

You may make use of the Kitchen Area for food preparation, dishwashing and other common kitchen related purposes, but not for any other purpose. Your use of those areas will be in common with others entitled to make use of them.

We may from time to time make rules governing the use of the Kitchen Area and if we do so, you agree that you will comply with them.

You must ensure that neither you nor anyone who comes into the Gold Coast Business Hub in connection with you leaves the Kitchen Area without first clearing or cleaning away any untidiness or lack of cleanliness, including by wiping over any bench space or sink used by you or them, and placing any waste materials in a Kitchen Area refuse receptacle.

You agree that neither you nor anyone who comes into the Gold Coast Business Hub in connection with you will dispose of tea leaves are other unsuitable material through the Kitchen Area sink.

 

8.7    Electrical Appliances

You must ensure that neither you nor anyone who comes into the Gold Coast Business Hub in connection with you connects any electrical appliance or device to any electrical outlet in the Gold Coast Business Hub or the Kitchen Area unless the appliance or device carries a current tag in accordance with any relevant provision of the Electrical Safety Regulation 2002 or another applicable electrical safety law.

 

8.8    Use of water closets and drains

You and persons coming into the Gold Coast Business Hub in connection with you may use the bathroom and toilet facilities on the second floor of Kay House in common with other persons entitled to do so.

You agree that you will ensure that both you and anyone who comes into the Gold Coast Business Hub in connection with you will use the water closets and drains only for their design purpose and in particular, that you and they will not place in them any rubbish, or other deleterious substances.

 

8.9    Lockers

These provisions apply if we provide you with a locker for your use. The provision of a locker is subject to availability, and in our discretion.

You agree that neither you nor anyone who comes onto the Gold Coast Business Hub in connection with you will place any perishable, dangerous, volatile or explosive substance or thing in a locker.

You must clear and clean your locker at the end of your licence to use the Gold Coast Business Hub. You agree that anything left in a locker is to be taken to have been abandoned, and you authorise us to dispose of it as we see fit, and to indemnify us against any claim in connection with the disposal.

If we provide you with a key to a locker you must return it to us on demand. If you fail to return a locker key to us at the end of your licence to occupy a meeting or board room, suite, office or day desk, or when demanded, you agree to pay the sum of $350 to us in respect of the administrative and other costs of obtaining a replacement and of any additional security measures we consider appropriate.

 

8.10 Shower Facility

These provisions apply if we authorise you or someone who comes into the Gold Coast Business Hub in connection with you to use the Shower Facility.

Your entitlement and the entitlement of the Authorised Associate to use the Shower Facility is in common with our entitlement and the entitlements anyone else authorised by us to use the facility.

Use of the Shower Facility is governed by the Shower Facility Rules, and you agree that you and any Authorised Associate will comply strictly with those Rules. References in the Rules to a “Permitted User” will be taken to include you and any Authorised Associate, and references to “Maylake” will be taken to be to us.

We may terminate or suspend your entitlement or the entitlement of an Authorised Associate at any time without giving reasons.

If we provide you or an Authorised Associate with a key to the Shower Facility –

 

• you must return it to us on demand,

 

• you must ensure that no one other than you or an Authorised Associate makes use of the key to access the Shower Facility, and

 

• you must not permit or facilitate the use of the Shower Facility by anyone other than you or and the Authorised Associate.

 

 

If you fail to return a Shower Facility key to us at the end of your licence to occupy a meeting or board room, suite, office or day desk, or when demanded, you agree to pay the sum of $350 to us in respect of the administrative another costs of obtaining a replacement and of any additional security measures we consider appropriate.

You must observe, and you must ensure that any Authorised Associate observes any instructions or directions which we give in relation to the Shower Facility.

 

8.11  Shower Facility Rules

At all times whilst in the Shower Facility a Permitted User must ensure that the entry door is closed and that the deadlock is engaged.

A Permitted User must –

 

(a)     use the Shower Facility and its water apparatus and appurtenances only for the purposes for which they were designed,

 

(b)     maintain the cleanliness of the facility including by removing all soaps, treatments, bandages and sticking plaster, towels and apparel when leaving the facility,

 

(c)     close and lock the facility door when leaving the facility, dispose of all waste and unwanted items in the waste receptacle in the facility, give notice to Maylake immediately upon becoming aware of any damage to or failure of the facility, and

 

(d)     ensure that all taps are fully closed before leaving the facility, and make only reasonable use of the facility, including by taking all reasonable steps to minimise wastage of water.

A Permitted User must not –

 

(a)     allow any waste item or other deleterious substance to enter the drains of the Shower Facility, or

 

(b)     enter or remain in the Shower Facility if the Permitted User is suffering from any contagious illness or condition which might be transmitted in consequence of the use of the facility, or

(c)     engage in any lewd or unseemly conduct in the Shower Facility.

A Permitted User who leaves the facility without removing all of the User’s jewellery, apparel, toiletries and other chattels of any kind will be taken to have abandoned any such item and to have authorised Maylake and its servants and agents to remove and dispose of any such item, including by sale, waste disposal or otherwise as it, he, she or they think fit.

 

9.1    Opening Hours

We may from time to time stipulate opening hours for the Gold Coast Business Hub. Until we stipulate otherwise the opening hours are from 8 AM to 5PM on business days for Meeting Room users as well as Day Desk users.

You will not be permitted to be in the Gold Coast Business Hub except during opening hours.

Permanent Tenants who are issued with security fobs have access to Gold Coast Business Hub 24 hours a day, 7 days a week.

 

9.2    Terms of Use

Except for the terms of any Website Agreement or an agreement in writing between you and us, the Terms of Use contain the whole agreement between you and us and, without limiting their operation or effect, they supersede any prior agreement, understanding or arrangement, and any previous version of the Terms of Use.

Except for any written variation of the Terms of Use, or an inconsistent written agreement, in either case signed by us, the Terms of Use will prevail over any terms advanced by you, including the terms of any offer or order.

9.3    Waiver

No waiver of an entitlement under these Terms of Use will be binding on a party unless it is in writing and signed by it. A failure to exercise or enforce a right will not be taken to amount to a waiver of the right.

9.4   Severability

If a provision of these Terms of Use is of becomes invalid, void or unenforceable, the provision will be severed, and the remainder of the Terms will continue in full force and effect to the extent that they may do so.

9.5    Governing Law

Any agreement between you and us is governed by the laws of Queensland, and you and we agree to submit to the exclusive jurisdiction of the courts of that State.

9.6    GST

An amount nominated by us in any pricing information provided by us for a taxable supply represents the value of the supply for GST purposes, unless it is expressed to be otherwise, and if the amount is or becomes payable by you, you must in addition pay the GST payable in respect of the supply.

If you are required to pay or reimburse an amount paid or payable by us in respect of a creditable acquisition, the amounts for payment will be the value of the acquisition plus GST.

The expressions used in the preceding two paragraphs have the meanings given to them in the A New Tax System (Goods and Services Tax) Act.

9.7    Limitation of Liability

You agree that we will have no Liability to you, and that you will indemnify us against any Liability to anyone else, where the Liability –

• arises directly or indirectly from or as a consequence of the use of the Gold Coast Business Hub Website following access obtained by any person by means of your login details, including as a consequence of the use of a Third Party Website or a link or reference to a Third Party Website, or any Content of the Gold Coast Business Hub Website or a Third Party Website,

 

• arises directly or indirectly in relation to the adequacy of any information on or the information processing facilities of the Gold Coast Business Hub Website or a Third Party Website,

 

• arises directly or indirectly in connection with any posting made by you or following access obtained through your login details,

 

• arises directly or indirectly from reliance on any information displayed on or accessible directly or indirectly through the Gold Coast Business Hub Website or a Third Party Website,

 

• arises directly or indirectly from or in connection with any virus, malicious computer code or another form of interference which causes damage or disruption to a computer system, any software or any stored data or which adversely affects the operational functionality of a computer system, where exposure to the virus, malicious computer code or other form of interference arose out of access through your login details to the Gold Coast Business Hub Website,

 

• arises directly or indirectly from or in connection with the use by you or anyone else of the Gold Coast Business Hub or the Gold Coast Business Hub Website, or any of the office equipment or other facilities provided by us in connection with the Gold Coast Business Hub, or

 

• arises directly or indirectly as a consequence of the unavailability of or the failure or malfunction of the Wi-Fi Network, the Local Area Network, the telephone and facsimile services or any of the office equipment or other facilities provided by us in connection with the Gold Coast Business Hub.

You agree that we will have no Liability in any circumstances (including negligence) for any indirect or consequential loss of any kind (including loss of profit) however it arises notwithstanding that notice of the risk of the loss may have been given to us.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. When legislation implies a condition, warranty or guarantee, and prohibits its exclusion or the modification of its application, our Liability arising from a breach of or non-compliance with the condition, warranty or guarantee will be limited to, at our election, one or more of the following –

 

• if the breach or non-compliance relates to goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired, and

 

• if the breach or non-compliance relates to services, the supplying of the services again or payment of the cost of having the services supplied again.

 

The Terms of Use do not purport to exclude liability arising under statute if and to the extent that such liability cannot be lawfully excluded.

Fair Use Policy

The Fair Use Policy applies to your use of –

• the Gold Coast Business Hub,
• the Wi-Fi Network,
• the Local Area Network,
• the office equipment, lockers and other facilities of the Gold Coast Business Hub,
• the Kitchen Facility,
• the Shower Facilities, and
• the Gold Coast Business Hub’s fixed line telephone and facsimile services.

We may vary the Fair Use Policy at any time, including during a period in which you have a licence for the use of the Gold Coast Business Hub, and a change to the Policy will take effect when notice of it has been given to you. For that purpose any notice may be given orally or by any other means reasonably calculated to bring it to your attention.

It is unreasonable use of a Fair Use Facility if, in our the reasonable opinion, the use –

• is unlawful, for an unlawful purpose or for purposes which include an unlawful purpose, or in breach of any relevant standard or code,
• in our reasonable opinion has the effect or would be likely to have the effect of menacing, harassing or injuring any person or thing,
• either alone or in conjunction with the use by others(including us) of the Facility, in our opinion causes or would be likely to cause congestion or disruption, or to have an adverse impact on the use of the Facility by others, or the capacity of others to make reasonable use of the Facility,
• involves re-supplying or otherwise allowing someone else to make use of the Facility without our written consent,
• includes running a telemarketing business or call centre, or involves the making of telephone calls to an extent which we reasonably consider excessive,
• in the case of the Wi-Fi Network and the Local Area Network, involves access to pornographic, racist or hateful website content, or
• is such as or to an extent which we reasonably consider to be unreasonable.

 

Unless the context requires otherwise, in these Terms of Use the following expressions have the meanings shown –

• “Authorised Associate” means someone connected with you whom we have authorised to make use of the Shower Facilities,

 

• “Content” includes anything on or directly or indirectly accessible through a website, information displayed on or accessible directly or indirectly through a website, and any product or services available for acquisition directly or indirectly through a website,

 

• “Liability” includes a liability for any loss, damage, cost or expense whatsoever, including, without limitation, loss of profit, business interruption, loss of data or information being obtained by others, and any other liability of any kind, however the Liability may arise, including for negligence,

 

• “Fair Use Facility” means a facility to which the Fair Use Policy applies,

 

• “Gold Coast Business Hub Website" means a website from time to time maintained by us in respect of the Gold Coast Business Hub, and includes www.goldcoastbusinesshub.com.au, and a website to which a user is unilaterally transferred by the Gold Coast Business Hub Website,

 

• “Gold Coast Business Hub” means the business services facility provided by us under that name at Level 1 and Level 2, Kay House, 35 - 39 Scarborough Street, Southport,

 

• “Kay House Land” means the land at 35 – 39 Scarborough Southport on which the Kay House building is located,

 

• “Kitchen Area” means the kitchen area and the facilities within it in the common area on the second floor of Kay House, and the coffee making and related facilities within the Gold Coast Business Hub.

 

• “Kitchen Area User” means you and a person who enters the Gold Coast Business Hub in connection with you who makes use of the Kitchen Area,

 

• “Local Area Network” means the local area network for the Gold Coast Business Hub,

 

• “Shower Facilities” means the shower room and the facilities within it on the ground floor of Kay House,

 

• “Third Party Website” means a website for which there is, directly or indirectly, a link on the Gold Coast Business Hub Website, or which is referred to on the Gold Coast Business Hub Website,

 

• “Website Agreement” means an agreement made between you and us through our acceptance of a request by you via the Gold Coast Business Hub Website for Gold Coast Business Hub services and facilities,

 

• “Wi-Fi Network” means the wi-fi network for the Gold Coast Business Hub,

 

The terms “we”, “our” and “us” refer to Maylake Properties Pty Ltd ACN 079 515 923, and where the context permits, include its directors and other officers, its employees and its successors and assigns.

The terms “you” and “your” refer to the person in whose name a relevant booking or other dealing with us is made or conducted and, where the context permits, includes a person who accesses the Gold Coast Business Hub Website by means of your login details, and a person who comes into the Gold Coast Business Hub premises in connection with you.

In the construction of the Terms of Use –

• words importing any gender include the other genders,
• words importing one number include the other,
• where you comprise more than one person, each of you is jointly and severally liable for your obligations, and
• the identity of the party which proposed any of the Terms is to be disregarded.