Terms of service.
1. Terms & Conditions
1.1. These are the terms and conditions that shall apply to our supply of our Coworking Space, Event Space, Day Office Facilities and other services to you. These terms tell you who we are, how we will provide the Services to you, how you will pay for the services, how you may cancel a Booking and other important information.
1.2. Please read these terms and conditions carefully. By proceeding with your booking, you agree to accept these Terms and Conditions.
1.3. In particular, your attention is drawn to the provisions of paragraph 10 (Limitation of Liability).
2. Definitions and Interpretation
2.1. In these Terms and Conditions, the following words and phrases shall have the following meanings: –
“Booking” means your booking of any of the mentioned Spaces in accordance with Paragraph 3 below;
“Booking Confirmation” means the booking confirmation sent to you with these Terms and Conditions prior to any Booking;
“Business Day” means a day (other than a Saturday or Sunday) when banks are open for routine banking business.
“Cancellation Fee” means any Fee payable in connection with the cancellation by you of a Booking in accordance with paragraph 6;
2.2 references to “you ” or “your” shall be deemed to include references to any of your subsidiary or associated companies to whom we provide any of the Services and, where the context requires, to any persons permitted or invited by you to use any of the mentioned spaces with the subject of a Booking.
2.3 where the context requires, words denoting the singular include the plural and vice versa and words denoting any gender include all genders;
2.4 references to persons include any person, firm, company, group of persons or unincorporated body;
2.5 references to “writing” shall exclude electronic messages or text, and must be sent via email or letter.
3. Bookings
3.1. Co-working Space, Event Space & Day Office Facilities enquiries are considered to be placing an online booking through your registered account, calling, emailing or walking into one of our buildings to submit your request for a Booking.
3.2. We will send you a Booking Confirmation recording the details of (including price payable for) that Booking. By proceeding with your booking you agree to be bound by these Terms and Conditions in respect of that Booking
3.3. A Booking is only confirmed once we issue a Booking Confirmation and payment is received in full. Until this time your booking is provisional, and we may cancel it, without liability, by sending you written notice of cancellation.
3.4. Final balance payment will also be due in advance of your Booking. Payment will be taken at the time of booking or in advance of the booking via invoice. Until payment is received, your Booking is provisional only.
4. Fees and payment
4.1. The Fees payable for a Booking and our other Services will be the prices set out in our fee list in force at the date of any Booking made by you unless we have agreed another price in writing with you at the time you make a Booking.
4.2. When placing bookings via email, the Booking Confirmation sent to you shall be accompanied by an Invoice for our Fees in connection with that Booking. You must pay this Invoice (together with GST on our Fees) on or before the date stated on the invoice. Each Invoice submitted to you will contain our bank account details and instructions for payment of our Fees.
4.3. In the event that you require any additional Services that are notified to us following the date that you make your Booking, any Fees in respect of such Services shall be payable at the time in which such Services are requested.
4.4. In the event that you do not make payment in full on or before a Booking we reserve the right to cancel your Booking without compensation..
4.5. We reserve the right to make a charge for bookings that run outside the agreed booking times
5. Changes to Bookings
5.1. If there are any changes to your requirements you must notify us immediately and a new contract and/or confirmation with the updated requirements will be issued. You must have written confirmation from the Good Lucky House teamsfor any changes made to your booking. Fees may be payable in respect of such changes.
5.2. We reserve the right to change the allocated desk or space to an alternative of similar size and quality to the one originally booked in the event that the original space is unavailable.
5.3. There may be occasions where, due to circumstances beyond our control, the Services may be affected. We reserve the right to make any changes necessary to your booking until such time as we are able to resume normal performance.
5.4. If we need materially to change your booking, we shall notify you of such change as soon as practicable and you shall be entitled to cancel your booking accordingly. In such an instance, no cancellation fee shall be payable.
5.5. Prices are subject to revision at any time in the event of any increases in our costs for hosting.
6. Cancellation, Amendments and Rescheduling Policy
6.1. If you need to cancel, amend or reschedule your booking, Cancellation and Amendment Fees may apply.
6.2. Cancellations, amendments and rescheduling requests must be made in with at least 24 hours notice, but will not be effective unless and until, we confirm acceptance of that cancellation in writing.
6.3. In the event that you need to cancel, amend or reschedule your booking, you must do so via our website or give notice to Good Lucky House via in writing to house@goodlucky.com.au within the time frames listed below. If notice is given later than the stated cancellation, amendment and rescheduling policy time frame you will be charged the full rate of the booking:
Our Cancellation and Amendment timeframe policy:
Day Passes: 1 full business day
7. Use of our Coworking, Event, and Day Office Spaces:
7.1. You will use the Coworking, Event, and Day Office Space strictly for the purpose of and in accordance with the details (including length of time) for your Booking.
7.2. You will not use the spaces for any unlawful, fraudulent, criminal, immoral or similar purposes or in connection with any business or activity that is in breach of any applicable legislation (primary and subordinate), rules, regulations or orders of applicable authorities. 7.3. You will not damage in any way the spaces (including walls, carpets, blinds and furniture) or remove any of the furniture or effects from the spaces.
7.4. You will not during the use of the spaces knowingly do anything that may damage the goodwill or reputation of our business or may bring our business into disrepute.
7.5. You will not do anything that causes damage in any way to the premises or nuisance or annoyance to other users of the Premises or remove any of the furniture or effects from the premises.
7.6. You will give us adequate advance warning of any unusual activities taking place within the spaces. We reserve the right to refuse such activities taking place should they be deemed to interfere with our members, clients or the building itself.
7.7. We reserve the right to eject from, or refuse admission to the venue, any visitor or guest deemed in the reasonable opinion of our staff or security personnel to be intoxicated, unruly, threatening, violent or dangerous. We will not in any circumstances permit the number of guests to exceed the capacity of the spaces.
7.8. You undertake to comply (and to ensure that your guests comply) with all applicable laws, licences, regulations and policies in force at the venue from time to time, including, but not limited to, ensuring that no fire exits and routes are obstructed at any time.
8. Damages
8.1. You are responsible for the spaces used for the duration of your booking. Any damage to the spaces or its contents (or any other part of the premises) incurred as a result of you or your invitees (or representatives of either) behaviour or negligence will result in a charge based on:-
(a) the cost of the repair; and
(b) the value to us of any subsequent loss of business or trade or other commercial activity suffered by us.
8.2. You or any contractors you hire may not enter, and shall not make any alterations to, the venue without prior approval from the Good Lucky House Management Team. Nothing may be fixed to walls, ceilings, floor or pillars of any room by nails, screws, drawing pins, tape or other means without prior written approval. You shall indemnify us against any costs or damages incurred through the use of decorations or equipment by you or your contractors at the venue.
9.3. If you do not vacate the spaces booked by the agreed time we reserve the right to make additional charges for the booking based on:-
(a) the prices set out in our fee list in force at the date of the booking made by you; and
(b) any payments made or subsequent loss of business incurred by us in respect of other persons who had booked the spaces to the extent that we are unable to honour their bookings.
10. Limitation of liability
10.1. Nothing in these Terms and Conditions shall limit or exclude liability for:
(a) death or personal injury caused by negligence, or the negligence of any of our or your employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
10.2. Subject to paragraph 10.1, we shall not be liable to you, whether in contract, tort
(a) loss of profits;
(b) loss or damage to goodwill; and
(c) any indirect or consequential loss.
10.3. This paragraph 10 shall survive termination of the Contract.
11. Force Majeure
We shall not be liable for any breach of these Terms and Conditions or any losses resulting therefrom caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, lightning, flood or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving our employees) network failures, or acts of local or central Government or other competent authorities.
12. Assignment
12.1. We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under this Agreement and may novate in any manner any or all of our obligations under the Agreement to any third party or agent.
12.2. You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this Agreement.
13. Severance
13.1. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of the Agreement.
14. Notices
14.1. Any notice or communication under or in connection with these Terms and Conditions shall be in writing.
14.2. Any notice or communication under or in connection with these Terms and Conditions shall be delivered personally, or by post (using registered mail) or electronic mail (but not facsimile) to the respective addresses, or electronic mail addresses given below or such other address, or electronic mail addresses as either party may notify to the other from time to time.
In the case of notices or communications sent by post, proof of delivery using registered mail shall constitute proof of receipt, in the case of notices or communications delivered by electronic mail, an electronic delivery report shall constitute proof of receipt. The date of receipt shall be:
(a) in the case of a notice delivered personally, upon delivery to the relevant addressee;
(b) in the case of a notice sent by post, on the date of delivery, as confirmed by the proof of delivery from the registered postal service provider;
(c) in the case of electronic mail on the date on which the electronic mail is transmitted by the sender according to the electronic mail delivery report.
14.3. The addresses for notice under this paragraph shall be those set out on the Booking Confirmation.
16. Overrun and early, late and weekend charges
16.1 If you overrun your booking, you will be charged an additional $10 per hour.
17. Code of Conduct
17.1 You must abide by our Code of Conduct issued and approved by you on purchase of all services.