Please read these Terms and Conditions carefully. By accessing the Website You agree to be bound by these Terms and Conditions.

These Terms and Conditions also constitute the terms of the Membership Agreement between You and Spacecubed Ventures if You apply to be, and are accepted by Spacecubed Ventures as, a Spacecubed Ventures Member.

1. DEFINITIONS

In these Terms and Conditions, unless a contrary intention applies:

“Acceptance” has the meaning given in clause 6.3;

“Account” has the meaning given in clause 4.b;

“Application” has the meaning given in clause 4.c;

“Bank Account” has the meaning given in clause 6.5;

“Booking” has the meaning given in clause 10.2;

“Business Day” means a day that is not a Saturday, Sunday or public holiday in Australia;

“Card” means a payment card which provides the cardholder electronic access to his or her bank account(s) at a financial institution and includes a debit card and a credit card;

“Community Manager” means Mr Brodie McCulloch or such other person appointed by Spacecubed Ventures from time to time;

“Confidential Information” has the meaning given in clauses 13.1 and 13.2;

“Coworking Space” means those parts of the Premises made available by Spacecubed Ventures for use by Spacecubed Ventures Members for Permitted Activities;

“Fern” means the premises occupied by Spacecubed Ventures and located at 79 St Georges Terrace, Perth WA 6000;

“FLUX” means the premises occupied by Spacecubed Ventures and located at Level 1, Level 6, Level 7 and Basement 191 St Georges Terrace, Perth WA 6000;

“GST” means any goods and services tax under the GST Act or a tax of a like or analogous nature that is imposed, assessed or levied in relation to any supply made of goods, services or any other thing under these Terms and Conditions or via the Website;

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and any associated legislation and regulations;

“Intellectual Property Rights”
means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

“Liability” means all liabilities (whether actual, contingent or prospective), loss, damages, costs and expenses of whatever description;

“Linked Sites” has the meaning given in clause 19;

“Meeting Rooms” has the meaning given in clause 10.1;

“Meeting Room Fee” has the meaning given in clause 10.3;

“Membership Agreement” has the meaning given in clause 6.5;

“Membership Fee” means the fee specified on the Website which is payable by You to Spacecubed Ventures for Your Spacecubed Ventures Membership for the Membership Type applicable to You;

“Membership Renewal Notice” means a notice from Spacecubed Ventures asking You to renew Your Spacecubed Ventures Membership;

“Office” means an office space allocated at the Premises, at Spacecubed Ventures’ discretion, for Your exclusive use.

“Party” means Spacecubed Ventures and / or You as the context requires;

“Permitted Activities” means activities permitted at the Premises as advised by Spacecubed Ventures from time to time;

“Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by Spacecubed Ventures;

“Premises” means Riff, Fern and/or FLUX, as the context requires or such other location that Spacecubed Ventures  makes available under a Spacecubed Ventures Membership ;

“Privacy Policy” means Spacecubed Ventures’ privacy policy available on the Website;

“Resident Desk” means a desk space allocated at the Premises, at Spacecubed’s discretion, for Your exclusive use;

“Riff” means the premises occupied by Spacecubed Ventures and located at Ground Floor, 45 St Georges Terrace, Perth WA 6000;

“Spacecubed Ventures” means Spacecubed Ventures Pty Ltd ABN 18 620 753 077 trading as Spacecubed Ventures, Riff, FLUX and Spacecubed and Fern Coworking Pty Ltd ABN : 55 642 533 328;

“Spacecubed Ventures Community” means the community run by Spacecubed Ventures comprising all Spacecubed Ventures Members, the Premises and the facilities at the Premises;

“Spacecubed Ventures Member” means You or any other person holding a Spacecubed Ventures Membership;

“Spacecubed Ventures Membership” means either a Standard Community Membership, a Student Community Membership, a Coworking Membership, a Resident Desk Membership, an Office Membership, a Night Owl Membership, a Virtual Office Membership or an Organisation Membership as selected by You with the benefits  listed under that heading in the Schedule (which benefits are subject to change at Spacecubed Ventures’ discretion) ;

“Spacecubed Ventures Property” means everything in the Premises which is owned by or otherwise controlled by Spacecubed Ventures;

“Terms and Conditions” means these terms and conditions including any schedule or annexure and all materials referred to or linked to in these terms and conditions including, but not limited to, the Privacy Policy;

“Username” has the meaning given in clause 5.1;

“Website” means the internet site owned by Spacecubed Ventures and operating under the URL www.spacecubed.com; www.fluxperth.com,  www.riffperth.com, www.pluseight.spacecubed.com, and http://www.meshpoints.com.

“Western Sydney Startup Hub” means the premises occupied by Spacecubed Ventures and located at 5 Fleet Street, North Parramatta, NSW;

“Spacecubed Online Community Platform” means the online members platform and the “Daily 5” community or any other online community chosen by Spacecubed Ventures and communicated to You as available, for Spacecubed Ventures Members to ask questions, provide feedback, post ideas and source new collaborators;

“You” and “Your” are a reference to you the customer (or the company or organisation you represent); and

“Your Property” means any plant, equipment, documents, possessions or other property that You bring onto the Premises.

2. CAPACITY

You represent and warrant that:

2.1.  You are at least 18 years of age;

2.2.  You have the legal capacity to enter into legally binding contracts under applicable law; and

2.3.  If the Spacecubed Ventures Member is a company, You are properly authorised to bind the company to the Membership Agreement.

3. VARIATION

3.1.  Spacecubed Ventures reserves the right to reasonably vary these Terms and Conditions by publishing them on the Website:

3.1.1.1. without giving You notice; and

3.1.1.2. without giving You any explanation or justification for such variation.

3.2.  Your continued use of the Website and of the privileges of Your Spacecubed Ventures Membership will be deemed to be Your acceptance of any variation to these Terms and Conditions.

3.3.  Private Offices and services covered under a long-term agreement will retain the terms and conditions in place at the time of contract execution until the end of the term of the contract.

3.3.1.  A long-term agreement is a timeframe longer than 12 months unless agreed on prior, in writing, with a Spacecubed Ventures staff member.

 4. BECOMING A SPACECUBED VENTURES MEMBER

In order to become a Spacecubed Ventures Member, You must:

4.1.  Meet the eligibility requirements set out in these Terms and Conditions;

4.2.  Create an account with Spacecubed Ventures by following the instructions on the Website (“Account”);

4.3.  Complete and submit the online application form available on the Website or a membership agreement form sent to You upon request by Spacecubed Ventures (“Application”); and

4.4.  Have Your Application accepted by Spacecubed Ventures in accordance with clause 6.3.

 5. CREATING AN ACCOUNT

5.1.  To create an Account, You must follow the instructions on the Website. Your username will be the email address You provide when creating an Account (“Username”). You can only have one Account per email address. Your Username must not be one that in Spacecubed Ventures’ opinion is inappropriate or offensive and must not infringe upon the rights of any third party. Spacecubed Ventures can require You to immediately change Your Username if it thinks it is inappropriate for use in relation to the Website.

5.2.  If You choose to use an email address supplied to You by an employer, then You are solely responsible for ensuring that You comply with the rules, policies or protocols that apply to the use of that email address.

5.3.  Your Account is non-transferable. You must keep Your Account details safe and must not disclose them to any third party. The Account may be used only by the individual who created it and not by anyone else (unless you first get Spacecubed Ventures’ consent). Spacecubed Ventures reserves the right to terminate Your Account if Spacecubed Ventures has reason to believe that Your Account details are being used by anyone other than You.

5.4.  You shall be liable for all activities that are undertaken using Your Account together with the associated password and shall compensate Spacecubed Ventures for any and all Liability Spacecubed Ventures may suffer as a result of any failure by You to keep Your Username and password strictly secure at all times.

6. YOUR APPLICATION

6.1.  An Application by You is an offer by You to become a Spacecubed Ventures Member.

6.2.  Spacecubed Ventures reserves the right to accept or reject Your Application for any reason.

6.3.  Subject to clause 6.4, if Spacecubed Ventures accepts Your Application it will notify You by email to confirm acceptance (“Acceptance”).

6.4.  Spacecubed Ventures reserves the right to request payment of a deposit of up to 2 months’ of the Membership Fees prior to Acceptance.  

6.5.  A membership agreement between You and Spacecubed Ventures will be formed on these Terms and Conditions and additional terms included in the signed quote or renewal documentation  (“Membership Agreement”) when Spacecubed Ventures emails You notice of its Acceptance pursuant to clause 6.3.

6.6.  If Spacecubed Ventures rejects Your Application, it will notify You by email to confirm rejection. If payment of the Membership Fee (or part thereof) has been made, then the full  amount paid will be refunded to the account from which Your payment was made (“Bank Account”).

6.7.  To be eligible for Student Community Membership, You must be enrolled at a university or qualifying technical and further education institution, in Spacecubed Ventures’ sole discretion). Spacecubed Ventures reserves the right to require You to provide proof of enrolment.

6.8.  To the extent that there is any inconsistency between the terms of this Membership Agreement and the additional terms provided on a quotation document or renewal contract with Spacecubed Ventures (Proposal Terms), the Proposal Terms shall prevail. 

7. MEMBERSHIP FEE

7.1.  By submitting an Application, You agree to pay the Membership Fee relevant to Your membership type in accordance with the payment method nominated by You at the time of making Your Application.

7.2.  Membership Fees are not refundable.

7.3.  Payment of Membership Fee will entitle you membership of Spacecubed Ventures for the period for which You have paid, i.e. either monthly, quarterly or annually.

7.4.  Membership Fees are payable by the due date specified in the invoice. If your Membership Fees are not paid by the due date, you will be charged an administrative fee of $25 (“Administrative Fee”).

7.5.  If you elect to pay your Membership Fee by EFT, you will be required to pay your Membership Fee one month in advance at all times.

7.6.  Spacecubed Ventures reserves the right to charge a merchant fee of 1.75% + A$0.30 for domestic cards and 2.9% + A$0.30 for International cards +2% if currency conversion is required when paying your Membership Fee by Card. 

7.7.  Spacecubed Ventures reserves the right to charge a merchant fee of 1% + A$0.30 and A$2.50 for failures and disputes when paying your Membership Fee by direct debit. This transaction fee is capped at A$3.50 by the merchant.

7.8.  All Membership Fees that include a discount (eg. 5% for 6 month contracts and 10% for 12 month contracts), must be paid out in their entirety if an early cancellation is requested by You. To request cancellation of your Membership Agreement prior to the expiry of the term,  You must provide one (1) calendar month’s prior notice in writing by completing this form or email info@spacecubed.com. You will then be charged the remainder of the Membership Fees for the unexpired term as outlined in your Membership Agreement.

7.9.  There is no right to a refund if you terminate a Spacecubed Ventures Membership that is paid on an annual upfront basis prior to the expiration of the term. 

8. RENEWAL OF YOUR SPACECUBED VENTURES COMMUNITY MEMBERSHIP

8.1.  Spacecubed Ventures will provide You with a Membership Renewal Notice at least thirty (30) days before the expiry of Your Annual Spacecubed Ventures Community Membership which will:

a) set out the Membership Fee payable by You (which Spacecubed Ventures may vary each year in its discretion);

b) set out the due date for payment of Your Membership Fee (“Due Date”);

c) set out the payment methods available; and

d) provide You with the ability to notify Spacecubed Ventures prior to the Due Date if You do not wish to renew Your Spacecubed Ventures Community Membership.

8.2.  Unless You notify Spacecubed Ventures otherwise, Your Spacecubed Ventures Community Membership will be automatically renewed on the Due Date for one further year and the Community Membership Fee applicable for that year will be payable by You in the manner and frequency previously nominated by You.

8.3.  If Your Card or Bank Account details provided to Spacecubed Ventures for the purposes of making payments by You are no longer current, you must immediately notify Spacecubed Ventures of the new details and promptly do all things and provide any signed documentation necessary to enable Spacecubed Ventures to process Your payments.

8.4.  If You notify Spacecubed Ventures prior to the Due Date that you do not wish to renew Your Spacecubed Ventures Community Membership, your membership will cease and the further Membership Fee will not be payable.

8.5.  If Spacecubed Ventures does not receive the Membership Fee by the Due Date, Your Spacecubed Ventures Community Membership will lapse and you will no longer have access to the benefits of Membership set out in the Schedule.

9. MEMBERSHIP BENEFITS

9.1.  Being a Spacecubed Ventures Member will entitle You to the benefits set out in the Schedule that are relevant for the type of Membership you have elected on those conditions specified, if any.

10. MEETING ROOMS

10.1.  Spacecubed Ventures has meeting rooms (“Meeting Rooms”) located at Premises which are subject to Booking and availability, and are available for hire by You.

10.2.  Bookings of Meeting Rooms must be made using the online booking request available on the Website (“Booking”).

10.3.  By placing a Booking, You agree to pay the fee notified to You at the time of placing the Booking (“Meeting Room Fee”).

10.4.  Spacecubed Ventures reserves the right to accept or reject Your Booking for any reason at any time.

10.5.  If You use a Meeting Room without having made a Booking You may be asked to pack up and vacate the Meeting Room immediately (which you must do), even if not booked by another person.

10.6.  You must notify Spacecubed Ventures immediately if You need to cancel a Booking. If the Meeting Room or Events has been booked via Spacecubed Ventures’ events team then at least 15 days’ notice is required. A cancellation fee of 25% of the Meeting Room Fee will apply. If less than 15 days’ notice is given, the Meeting Room Fee will be forfeited in full.

10.7.  If You book a Meeting Room via the Spacecubed online facility you can cancel your booking until the time of the booking with no charge. If a meeting is not cancelled by the start time then the Meeting Room Fee will be forfeited in full.

10.8.  Any Booking clashes will be resolved by the Community Manager with every attempt made to accommodate You in an alternate Meeting Room or on an alternate day. If this is not possible, Spacecubed Ventures reserves its right to cancel the Booking and refund the Meeting Room Fee to Your Bank Account.

10.9.  The capacity of each Meeting Room is specified on the Website and you must not exceed this capacity for any reason.

10.10.  You agree to maintain each Meeting Room in a clean and safe manner.

10.11.  A projector or television monitor is available by Spacecubed Ventures in all Meeting Rooms. This will be included in the Meeting Room Fee. Meeting Rooms come with white boards and markers as well as access to the self-serve tea and coffee facilities in the relevant kitchen area. A couple of meeting rooms at FLUX and Fern are equipped with conference systems. Please make sure you book the right room and if you are unsure, please email info@spacecubed.com.

10.12.  Podcast equipment is available at Riff, in the Media room at no extra cost to Spacecubed Ventures Members. Training can be provided for an extra cost. Please email info@spacecubed.com.to book your training session.

11. LOCKERS

11.1.  Spacecubed Ventures may, for an additional fee, provide You with a locker at the Premises to store Your Property. The lockers are not security lockers, so You must keep valuable items with You at all times. Spacecubed Ventures does not accept responsibility for any loss or theft of or damage to Your Property stored in the lockers.

12. YOUR OBLIGATIONS

12.1.  When accessing the Website or the Premises or otherwise using Your Spacecubed Ventures Membership You must not:

a) violate any applicable laws or regulations;

b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others;

c) attempt to undermine the security or integrity of Spacecubed Ventures’ computing systems or networks or, where the Website is hosted by a third party, that third party’s computing systems or networks;

d) use, or misuse, the Website in any way which may impair the functionality of the Website or impair the ability of any other user to use the Website;

e) attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Website is hosted;

f) transmit, or input into the Website, any:

i.  files that may damage any other person’s computing devices or software;

ii.  content that may be offensive; or

iii.  material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);

g) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website;

h) install any cabling, IT or telecom connections at the Premises without the consent of Spacecubed Ventures (which Spacecubed Ventures may refuse at its absolute discretion);

i) alter any part of the setup of the Premises;

j) hold yourself out as a representative of Spacecubed Ventures or attempt to assume any obligations on behalf of Spacecubed Ventures;

k) disclose, commercialise or otherwise use any Confidential Information provided to You in the course of your Spacecubed Ventures Community Membership, other than for purposes authorised by the provider of the information; or

l) leave any valuable possessions unattended in the Premises.

12.2. You agree that:

m) the Premises are to be used solely by You for Permitted Activities;

n) You will immediately report any injuries on the Premises to the Community Manager and provide written record;

o) You will respect the Premises and take good care of Spacecubed Ventures Property at all times;

p) You will comply with any reasonable requests or directions by Spacecubed Ventures at all times;

q) it is Your sole responsibility to determine that your Spacecubed Ventures Membership meets the needs of Your business and is suitable for the purposes for which it is used;

r) Your access to the Website and the Premises and Your use of the Spacecubed Ventures Membership is at Your risk entirely;

s) Spacecubed Ventures may prohibit or halt any activity in the Premises which in its opinion is objectionable, dangerous, unlawful, infringes the Intellectual Property Rights of Spacecubed Ventures or a third party or which is potentially detrimental to Spacecubed Ventures’ reputation;

t) the whole of the Premises remains in Spacecubed Ventures’ possession and control at all times;

u) these Terms and Conditions create no tenancy interest, leasehold estate or other real property interest in Your favour with respect to the Premises or any part of them;

v) You are responsible for rectifying any damage to the Premises, or Spacecubed Ventures Property, (fair wear and tear excepted) caused by You;

w) Spacecubed Ventures is entitled to charge You additional costs for printing and photocopying;

x) You are required to participate in an annual survey, hosted by Spacecubed Ventures, which aims to measure Spacecubed Ventures economic, environmental and social impact;

y) it is Your responsibility to ensure that there is at all times sufficient clear credit available in Your Bank Account or on Your Card to meet the payments detailed in these Terms and Conditions; and

z) if You fail to make payment in accordance with these Terms and Conditions, You will be liable for any reasonable costs incurred by Spacecubed Ventures in recovering the debt (including any legal fees, bank fees, collection agency charges or any other reasonable costs).

12.3.  Spacecubed Ventures does not make any representations as to the security of Spacecubed Ventures’ network or internet connections. You must adopt the security measures (e.g. encryption) You believe to be appropriate to Your circumstances. Spacecubed Ventures takes no responsibility for Your data or network security and shall not be held liable for any losses or damages (direct or consequential) You incur as a result of unauthorised access to the Spacecubed Ventures network or Your own network, data or devices. 

13. CONFIDENTIALITY

13.1.  You acknowledge and agree that during Your use of the Website, the Premises and Your Spacecubed Ventures Membership You may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Spacecubed Ventures, any employee, affiliate, or agent of Spacecubed Ventures, a Spacecubed Ventures Member or a third party that is non-public, confidential or proprietary in nature. 

13.2.  Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that You are obligated to keep confidential or know or have reason to know should be treated as confidential. 

13.3.  Your use of the Website, Premises and Your Spacecubed Ventures Membership obligates You to:

a) maintain all Confidential Information in strict confidence;

b) not disclose Confidential Information to any third parties; and

c) not use Confidential Information in any way directly or indirectly detrimental to Spacecubed Ventures, other Spacecubed Ventures Members or any third party.

13.4.  All Intellectual Property Rights remain the property of the owner. You acknowledge and agree that these Terms and Conditions and your Spacecubed Ventures Membership does not grant you any Intellectual Property Rights, by licence or otherwise.

14. INTELLECTUAL PROPERTY

14.1.  All Intellectual Property Rights with respect to the Website and any associated documentation and text are the sole property of Spacecubed Ventures (or third party intellectual property licensors to Spacecubed Ventures) and may not be used or reproduced in full or in part without Spacecubed Ventures’ prior written notice, of which may be withheld in its absolute discretion.

14.2.  Unless permitted by these Terms and Conditions, You may not use the Website, or the material contained on it or linked to it (“the Material”), for any purpose. This includes:

a) the reproduction of the Material in any material form;

b) the distribution of the Material in any material form;

c) re-transmission of the Material by any medium of communication;

d) uploading and / or reposting the Material to any other site on the internet; or

e) “framing” the Material with other material on any other internet site.

14.3.  You may not modify, copy or otherwise commercialise:

a) the layout of the Website; or

b) any computer software or code contained in the Website.

15. GST

15.1.  The Parties agree that any and all amounts and other considerations referred to in these Terms and Conditions and on the Website are exclusive of any GST (unless specified otherwise).

15.2.  If any GST is imposed on any supply made pursuant to these Terms and Conditions, then the recipient of the taxable supply must pay to the supplier the GST amount in addition to any consideration due for the supply.

15.3.  The GST imposed on the supply is calculated by multiplying the amount or value of the consideration for the supply by the GST tax rate prevailing as at the date the supply is made.

15.4.  If the recipient of the supply is required to pay an additional amount for GST pursuant to this clause, then the recipient will pay the increased amount in the same manner and at the same time as payment of the consideration due under these Terms and Conditions.

16. LIMITATION OF LIABILITY

16.1.  To the maximum extent permitted by law, Spacecubed Ventures excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, the Premises and Your Spacecubed Ventures Membership.

16.2.  If You suffer loss or damage as a result of Spacecubed Ventures’ negligence, breach of contract or other act or omission that cannot at law be avoided pursuant to clause 16.1, any claim by You against Spacecubed Ventures arising will be limited in respect of any one incident, or series of connected incidents, to the value of the Fees paid to Spacecubed Ventures by You in the preceding 12 months from the date the liability arose.

16.3.  Spacecubed Ventures cannot guarantee uninterrupted, timely, secure,  error free or virus free access to the Website or, to Spacecubed Ventures’ network or the internet, whether from its Premises or otherwise, and its operation may be interfered with by numerous factors outside of Spacecubed Ventures’ control.

17. INDEMNITY

You agree to release, indemnify and keep indemnified Spacecubed Ventures from and against all Liabilities suffered or incurred by Spacecubed Ventures to the extent arising out of or in connection with Your:

a) failure to comply with these Terms and Conditions;

b) use of the Website, the Premises and Your Spacecubed Ventures Membership; and

c) infringement of any Intellectual Property Rights, privacy or other rights of a third party (including but not limited to other Spacecubed Ventures Members, service providers to Spacecubed Ventures and licensors to Spacecubed Ventures).

18. INSURANCE

Spacecubed does not maintain any insurance to cover any loss or damage to Your property, Yourself or Your staff.  You are solely responsible to obtain and maintain the following insurances for the term of Your Spacecubed Ventures Membership and for Your use of the Premises:

a) public liability insurance;

b) workers compensation insurance; and

c) insurance to protect Your Property.

19. LINKS TO OTHER WEBSITES OR SERVICES

The Website may include links to other websites maintained by third parties which are not under the control of Spacecubed Ventures (“Linked Sites”). Spacecubed Ventures makes available Linked Sites to You solely as a convenience, and the inclusion on the Website of links to Linked Sites does not imply endorsement by Spacecubed Ventures of the Linked Sites. Linked Sites are not under the control of Spacecubed Ventures and Spacecubed Ventures is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the Website.

20. PRIVACY

Privacy is very important to Spacecubed Ventures. Spacecubed Ventures will use Your Personal Information only as described in the Privacy Policy and the Privacy Act (Cth) 1988. For a complete description of how Spacecubed Ventures will use and protect Your Personal Information, see the Privacy Policy. If You object to Your Personal Information being transferred or used in this way please do not use the Website or Your Spacecubed Ventures Membership.

21. TERMINATION

21.1.  Spacecubed Ventures may terminate the Membership Agreement (and Your access to the Premises and Your Spacecubed Ventures Membership), if:

a) You breach the Membership Agreement and, in the opinion of Spacecubed Ventures acting reasonably, the breach is unable to be remedied; or

b) You breach the Membership Agreement and, if the breach can be remedied, You fail to rectify any remediable breach within seven (7) days of Spacecubed Ventures notifying You of the breach and requesting rectification; or

c) You become insolvent, bankrupt, go into liquidation or become unable to pay Your debts as they fall due; or

d) Your conduct, or that of someone who attends the Premises with Your permission or at Your invitation, is incompatible with the Good Practice Policy; or

e) Spacecubed Ventures, acting reasonably, is no longer able to provide You with access to the Premises.

21.2.  If the Membership Agreement is terminated by Spacecubed Ventures pursuant to sub clause 21.1(e), Spacecubed Ventures shall refund You a prorated amount of Your Membership Fee.

21.3.  If the Membership Agreement is terminated pursuant to clause 21.1, or if Your Spacecubed Ventures Membership expires, You are required to immediately:

a) remove Your Property from the Premises;

b) vacate the Premises in a respectful manner;

c) leave Your area of the Premises in a clean state; and

d) return to Spacecubed Ventures any keys (including access / swipe cards) to the Premises.

21.4.  If You leave Your Property in the Premises following termination or expiry of Your Spacecubed Ventures Membership, Spacecubed Ventures may dispose of it at Your cost (and charge you accordingly) in any way Spacecubed Ventures chooses without liability or responsibility to You.

22. HELP AND ASSISTANCE

22.1.  If You require technical help with the Website, please first check the support provided by Spacecubed Ventures on the Website then, if necessary,email us at  info@spacecubed.com

22.2.  Whilst Spacecubed Ventures intends that the Website be available 24 hours a day, seven days a week, the Website may occasionally be unavailable for maintenance or other development activity. If the Website is likely to be unavailable for significant periods of time, Spacecubed Ventures will use reasonable endeavours to publish such interruption details on the Website in advance.

22.3.  Please contact Spacecubed Ventures on info@spacecubed.com if You suspect any abuse or misuse of the Website or the Premises so that Spacecubed Ventures is able to notify the relevant authorities.

23. ASSIGNMENT

23.1.  You cannot transfer or assign Your Spacecubed Ventures Membership without Spacecubed Ventures’s prior written consent which may be withheld in its absolute discretion.

23.2.  Spacecubed Ventures may assign or transfer the benefit of the Terms and Conditions or any Membership Agreement at any time subject to Spacecubed Ventures giving You four (4) weeks prior notice in writing.

24. ENTIRE AGREEMENT

This Membership Agreement supersede and extinguish all prior agreements, representations (whether oral or written) and understandings and constitute the entire agreement between You and Spacecubed Ventures relating to the Website and Your Spacecubed Ventures Membership.

25. WAIVER

The failure to exercise, or delay in exercising, any power or right by a Party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the Party to be bound by the waiver.

26. GOVERNING LAW AND JURISDICTION

This Membership Agreement is governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of this Membership Agreement.

27. SEVERABILITY

If any parts of this Membership Agreement are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.

28. NOTICES

28.1.  You acknowledge and agree that any notice given pursuant to these Terms and Conditions by either Party to the other must be in writing by email and will be deemed to have been given on transmission.

28.2.  Notices to Spacecubed Ventures must be sent to info@spacecubed.com or to any other email address notified by email to You by Spacecubed Ventures for the purpose of sending notices. Notices to You will be sent to the email address which You provided when submitting Your Application.

SCHEDULE

Spacecubed Ventures Community Membership (discount apply for students)

Note: The following benefits are subject to change at Spacecubed Ventures’ discretion from time to time. Spacecubed Ventures will provide you with notification and the option to terminate if the terms in this Agreement materially change in the opinion of Spacecubed Ventures, acting reasonably.

Spacecubed Ventures Community Membership allows You at the Premises, depending on the selected home space as specified in Your Application.

a) access to the Coworking Space, located at the Premises, depending on the selected home space as specified in Your Application, for up to 2 days per month;

b) access to the “Daily 5”;

c) discounted (or free) access to Spacecubed Ventures hosted events, talks and training;

d) unlimited access to high-speed wireless internet;

e) access to printer, scanner and the kitchen area;

f) discounted access to the Meeting Rooms;

g) access to mentoring from experienced businesspersons, venture capitalists and philanthropists where applicable;

h) Access to the members benefits as specified on the Website.

If You use the Community Membership for a greater time than You are entitled (as per agreement) you will be charged by Spacecubed Ventures at a rate of $40.00 (plus GST) per day.

You may cancel a Spacecubed Ventures Community Membership that is payable on a monthly basis with one (1) calendar month’s prior notice in writing by completing this form or email info@spacecubed.com. There is no right to a refund of the Membership Fee if you terminate a Spacecubed Ventures Membership that is paid on an annual upfront basis prior to the expiration of the term. 

Spacecubed Ventures Coworking Memberships (Coworking Lite, Part-Time Coworking and Full-Time Coworking)

a) All the benefits specified in the community membership, as well as the below;

b) Use of the Coworking Space located at the Premises, depending on the selected home space as specified in Your Application;

c) The ability to use the Premises as Your business address depending on your selected home space as specified in Your Application;

d) Use of the Meeting Rooms as specified in Agreement;

e) Access to showers, changing rooms and bike storage located at Riff or WSSH, or access to gym, showers, changing rooms and bike storage at FLUX or Fern;

f) Access to the Premises, depending on the selected home space as specified in Your Application, from 8.30am to 4.30pm;

g) 24/7 access to the Premises, depending on the selected home space as specified in Your Application, may be available for an additional fee;

h) If You use the Coworking Space for a greater time than You are entitled (as per agreement) you will be charged by Spacecubed Ventures at a rate of $40.00 (plus GST) per day; 

i) You can sign up for a rolling monthly package, or choose a six (6) or twelve (12) month contract. Discounts apply if you sign for six (6) or twelve (12) months’. At the end of the contract, if the contract is not renewed discounts will be voided and the rolling monthly package will apply;

j) You may cancel a rolling or end of contract Space Coworking Package with one (1) calendar month’s prior notice in writing by completing this form or email info@spacecubed.com; and

k) There is no right to a refund of Membership Fees if you terminate a Spacecubed Ventures Membership that is paid on an annual or six month upfront basis prior to the expiration of the term. If you request to cancel a Space Coworking Package that has been signed up on a six (6) or twelve (12) month contract, You will be charged the remainder of the Membership Fees for the unexpired term as outlined in the Membership Agreement.

Spacecubed Ventures Resident Desk Membership

a) Subject to availability, You may sign up for a Resident Desk at the Premises, depending on the selected home space as specified in Your Application. A Resident Desk Membership includes all the benefits specified in the Space Coworking Membership, as well as the below;

b) 24/7 access to the Premises, depending on the selected home space as specified in Your Application, is available for an additional fee;

c) The ability to use the Premises, depending on the selected home space as specified in Your Application, as your business address;

d) Resident desk entitlements i.e. meeting room allocation, swipe card and printer credit will be outlined in agreement and varies depending on the amount of persons the office has been agreed to accommodate.

e) Access to showers, changing rooms and bike storage located at Riff and Fern or access to gym, showers, changing rooms and bike storage at FLUX.

f) You may sign up for a rolling monthly package. Discounts apply if you sign for six (6) or twelve (12) months’. At the end of the contract, if the contract is not renewed discounts will be voided and the rolling monthly package will apply;

g) Use of a Resident Desk is available for Your exclusive use. You can cancel a rolling or end of contract membership by providing one (1) calendar month’s prior notice in writing by completing this form or email info@spacecubed.com. 

h) Discounts apply if you sign up for a six (6) or twelve (12) month Resident Desk Membership. There is no right to a refund of Membership Fees if you terminate a Spacecubed Ventures Membership that is paid on an annual or six month upfront basis prior to the expiration of the term. If you request to cancel a Space Coworking Package that has been signed up on a six (6) or twelve (12) month contract, You will be charged the remainder of the Membership Fees for the unexpired term as outlined in the Membership Agreement.

Spacecubed Ventures Office Memberships

a) Subject to availability, You may sign up for an Office at the Premises, depending on the selected home space as specified in Your Application. An Office includes all the benefits specified in the Resident Desk Membership, as well as the below;

b) Office entitlements i.e. meeting room allocation, swipe card and printer credit will be outlined in agreement and varies depending on the amount of persons the office has been agreed to accommodate.

c) 24/7 access to the Premises, depending on the selected home space as specified in Your Application, is available for an additional fee;

d) The ability to use the Premises, depending on the selected home space as specified in Your Application, as your business address;

e) Access to showers, changing rooms and bike storage located at Riff and WSSH or access to gym, showers, changing rooms and bike storage at FLUX and Fern.

f) You may sign up for a minimum six (6) or twelve (12) months’ subject to agreement terms after which period Your right to use the office will, subject to the office remaining available for Your exclusive use, run from one month to the next;

g) You may cancel the arrangement by providing one (1) calendar month’s (30 calendar days) prior notice in writing by completing this form or email info@spacecubed.com. Alternatively, a new agreement can be signed to cover an extended period of time. Additional notice in writing is greatly appreciated; 

h) Discounts apply if you sign up for a six (6) or twelve (12) months’ Office Membership. There is no right to a refund of Membership Fees if you terminate a Spacecubed Ventures Membership that is paid on an annual or six month upfront basis prior to the expiration of the term. If you request to cancel a Space Coworking Package that has been signed up on a six (6) or twelve (12) month contract, You will be charged the remainder of the Membership Fees for the unexpired term as outlined in the Membership Agreement.

i) At the end of the contract, if the contract is not renewed any discounts will be voided and the rolling monthly package will apply;

j) Office Fees are payable monthly via electronic bank transfer, direct debit from Your Bank Account or Card

k) “Make Good” Agreement: Any changes to the original state of the office space You are occupying requires consent by Spacecubed. Upon exit of the office space regardless of relocating within Spacecubed or exiting entirely, Your office space is required to be returned to its original state as when You initially entered. You are responsible for damages outside of “Reasonable Wear and Tear” incurred on the office space and are required to have the damage repaired or have Spacecubed arrange for a third party to fix the damage at Your expense.

Spacecubed Ventures Virtual Office Membership

a) Paid use of Spacecubed Ventures’s address: Riff, Ground Floor, 45 St Georges terrace, Perth WA 6000, Fern, 79 St Georges terrace, Perth WA 6000, FLUX, Level 1, 191 St Georges Tce, Perth WA 6000 or Western Sydney Startup Hub, 5 Fleet Street, North Parramatta NSW, on a rolling monthly or annual agreement; and

b) This does not entitle any use of the space, however member rates of $40 + GST per day for coworking apply.

c) You cancel the arrangement by one (1) calendar month’s (30 calendar days) prior notice in writing by completing this form or email info@spacecubed.com. There is no right to a refund if you terminate a Spacecubed Ventures Membership that is paid on an annual upfront basis prior to the expiration of the term.