Terms and Conditions

 It is a condition of us allowing you to obtain a Membership or otherwise enter our Hub Next Door location as a Member, Casual or Guest, that you agree to our Terms and Conditions.
If you do not agree with these Terms and Conditions, you should not obtain a Membership or otherwise enter a Hub Next Door as a Member, Casual or Guest.

Before you get started reading, here is a summary of important terms to look out for:

• These Terms and Conditions apply to all Users of our Hub Next Door. Users is a collective term we use in these Terms and Conditions for persons that access and use a Hub Next Door as Members, Casuals or Guests.

• You may only use a Hub Next Door for Permitted Uses.  We also reserve the right to restrict you from using a Hub Next Door for a specific purpose.

• In order to operate our Hub Next Door and provide our Services to you, we retain full control and unrestricted access to all areas of our Hub Next Door.

• By acquiring a Membership, you agree that we are not granting you exclusive possession over any part of a Hub Next Door.

• We may from time to time during your Membership, in our discretion and upon providing notice, relocate you to an office or desk at a different area of a Hub Next Door, such office or desk which is allocated for Members holding your type of Membership.

• We may terminate, suspend or vary your Membership or access, if you breach these Terms and Conditions.

• Where you acquire our Services as a Consumer, our Services come with Consumer Guarantees under the Australian Consumer Law (ACL).

• Without limiting or excluding any rights you may have under the ACL or otherwise at law in relation to the Services:

◦ your ability to hold Hub Next Door responsible for any loss or damage you may suffer as a result of using a Hub Next Door is restricted under these Terms and Conditions;

◦ our liability to you for any loss or damage you may suffer as a result of using a Hub Next Door is restricted under these Terms and Conditions; and

◦ you are required to use our Hub Next Door entirely at your own risk.

• There are significant consequences if you fail to comply with these Terms and Conditions and you are required to indemnify us and our Representatives for certain loss or damage we may suffer as a result of your non-compliance.

• We recommend you put in place appropriate insurances to cover your use of the Hub Next Door such as public liability, contents and workers’ compensation insurance.

• We expect high levels of community standards and conduct from all Members

• As part of Department of Health direction and to ensure the safety of our team & community, please ensure that you comply with Victorian Government requirements to be fully vaccinated for COVID-19 or hold a medical exemption.

• Before entering our space, please answer the following 3 questions:

1.     Have you tested positive for COVID-19 or been directed to isolate?

2.     Have you been advised that you are a close contact of anyone confirmed as having COVID-19 or are you waiting on a COVID-19 test result?

3.     Are you feeling unwell with fly-like symptoms or a high temperature?

*** If you have answered YES to any of the above questions, please do not enter the Hub Next Door premises and seek medical advice.

*** Please be sure to obtain a negative COVID-19 test result and medical advice that you are no longer required to isolate.

Members and Guests

• We may set other Policies or vary these Terms and Conditions at any time and this will be updated accordingly.

• Membership Fees and Charges are subject to change and rates are per person, unless otherwise specified.

• Members may be charged different rates for different types of Memberships in our discretion, which are offered by us on our Website or otherwise from time to time.

• Members and Casuals are vicariously liable to Hub Next Door and/or its Representatives for any loss and damage caused by their Guests.

• In relation to Teams:

◦ where you are a Team Leader of a Team with a Corporate Member, you also agree on behalf of and bind the Corporate Member to, these Terms and Conditions, and warrant that you have lawful authority to do so; and

◦ a Corporate Member (if applicable) is vicariously liable to Hub Next Door and/or its Representatives for any loss and damage caused by each Team Member in its Team.

Definitions and Interpretation

“Acceptable Use” means that you may be provided an additional list of rules upon your registration which are intended to ensure a harmonious working environment. If so, the rules you are provided as well as the rules below apply to your Membership. You are not to damage the business reputation or physical property of the Provider. You may not act in any way which presents danger or disruption to other Members, guests, employees, agents, or animals at the Hub Next Door. You will not harass, abuse, or threaten others or otherwise violate any person's legal rights. You will not violate any intellectual property rights of the Provider or any third party. You will not use the Hub Next Door to run any public-facing business where members of the public are expected to come to you. You will not use the Hub Next Door to upload or otherwise disseminate any computer viruses or other software that may damage the property of another. You will not use the Hub Next Door to perpetrate any fraud. You will not publish or distribute any obscene or defamatory material or any material that incites violence, hate, or discrimination towards any group at the Hub Next Door. You will not unlawfully gather information about others, including photographing or recording others without their consent.

“Annual Fee” means a flat fee of $175.00 which each Member must pay to us on an annual basis (with the exception of Corporate Members, who are not required to pay).
“Bond” refers to applicable charges in relation to the membership required.
“Casual” means a person that does not have a formal Membership but pays us to use a Hub Next Door on a casual basis, by the day, week or another agreed time period.

“Charges” means any or all fees associated with accessing or otherwise using a Hub Next Door, excluding Membership Fees, and including without limitation Annual Fees, locker fees, Meeting Room Booking fees, Casual Passes or Parking Passes.
“Claims” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
“Commencement Date” means the date that Hub Next Door sends a “welcome” email and first invoice to the Member which is to be prepaid (unless another date of commencement is agreed).
“Common Areas” means designated parts of a Hub Next Door that can be used by multiple Users including kitchen, meeting room and reception areas.
“Confidential Information” means any information belonging to or relating to us or a User howsoever acquired that is marked confidential or by its nature confidential, including without limitation trade secrets, intellectual property, know-how, business and financial data, policies, plans, databases, client lists and reports.
“Consumer” and “Consumer Guarantees” have the same meaning as under the ACL.
a “Hub Next Door” means a co-working space branded ‘Hub Next Door’ (and includes car spaces if applicable and utilities made available for Users including, without limitation, Internet and Network access) and “Hub Next Door” means more than one.
“Corporate Member” means a Member who is a company or a corporate trustee signing on behalf of a trust.
“‘Hub Next Door”, “us”, “we”, “our”, means jointly and severally the Operators.
“Hub Next Door IP” means all of Hub Next Door’s intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation the business names, trade marks, patents, designs, trade secrets, computer programs, databases, inventions, copyright, circuit layout and moral rights.

“Damages” If you or any of your guests damage any property at the Coworking Space, you will be held liable, including charges incurred to repair or replace property or items.

“Fair Use Policy” means the Fair Use Policy set by us in relation to use of shared common spaces and utilities (including the Internet) at Hub Next Door, as follows:

To ensure that Users respectfully use and share facilities at a Hub Next Door including Common Areas, Meeting Rooms and Internet, we have created a Fair Use Policy.  Users must comply with the Fair Use Policy at all times.

“Force Majeure Event” means anything outside the reasonable control of a party to these Terms and Conditions including without limitation an act of good, civil riots, war, strike, power outage or the acts of a computer hacker, regardless of whether it is reasonably contemplated by the parties at the Commencement Date as a likely result of a breach of the Terms and Conditions.
“Guest” means a person that enters a Hub Next Door as an invited guest of a Representative, Member or Casual.
“GST” means GST within the meaning of the GST Act and “GST Act” means A New Tax System (Goods and Services Tax 1999 (Cth).

"Insurance” We maintain public liability insurance for the Hub Next Door site and we also have our own contents and workers’ compensation insurance.  Our contents and workers’ compensation insurance does not extend to any User.  To best protect your personal and business interests, we encourage you to take out and pay for your own appropriate public liability, contents and workplace insurance as well as any other insurance you require by law.

“Internet” : You acknowledge and agree as follows:
a. Wi-Fi internet (“Internet”) access at a Hub Next Door is supplied and maintained by a third-party service provider. Where relevant, we will provide you with usernames and passwords, or require you to fill out a form, in order to gain access to the Internet and/or Network which may be subject to additional terms and conditions displayed on the log-in page, on the relevant form, or as otherwise directed by us.

b. We reserve the right to limit the number of your devices which are connected to the Internet and/or Network and to implement data quotas and traffic shaping policies to ensure an optimal experience for all Users while using the Internet and/or Networks. Whilst we respect your privacy with respect to use of the Internet and/or Networks, we also reserve the right for us, or our service provider, to monitor User activity.
c. We do not guarantee, warrant and/or make any representations:

i.                That access to the Internet or Networks will be uninterrupted, fault-free, or that the Internet or Networks provided will meet any User’s minimum speed or bandwidth requirements;

ii.               ii. That any files of other data you download from the Internet or Networks will be free of viruses, contamination or other destructive features; and

iii.              iii. About the security of any data transmission over the Internet or Networks.

“Location” means a location of a Hub Next Door, being 1111 Malvern Road, Toorak and “Locations” mean more than one. “Loss” means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs.
“Meeting Rooms” means designated room and areas of a Hub Next Door that can be booked and used by Users for meetings. “Meeting Room Bookings”
“Member” means a person with a Membership. A Member includes Corporate Member or Team Member, and may also be identified based on type of Membership they have. For illustration purposes, and without limitation: “Private Member” is a Member with Private Membership, “Dedicated Member” is a Member with Dedicated Membership, “Collaborative Member” is a Member with Collaborative Membership, and a “Virtual Member” is a Member with Virtual Membership.

“Minimum Term” We may, in our sole discretion, offer particular Members discounted Membership Fees in consideration for an extended minimum term of Membership (“Minimum Term”). Where you receive such a discount, you thereby agree that your Membership must continue for the Minimum Term. Should you wish to cancel your Membership within the Minimum Term, the Membership Fees specified for the entire Minimum Term remain payable by you in full, unless we otherwise agree.
“Permitted Uses” means use for business offices and personal offices as well as any other use authorised in writing by us.
“Privacy” We take the protection of your personal information seriously.  We handle the personal information of Users in accordance with our Users Privacy Policy.

“Representatives” means Hub Next Door’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.
“Team” means a group of people that use a Hub Next Door as a registered team, such group which consists of any one or more Members.

“Termination of Membership or Casual Pass” Hub Next Door is entitled to terminate any Membership or Casual Pass (and associated Occupancy Licence or Additional Licence) as follows:
a. With immediate effect and in person or by written notice (email to suffice), if the relevant Member or Casual commits a serious or repeated breach of these Terms and Conditions.
b. With immediate effect and in person or by written notice (email to suffice), if the relevant Member or Casual commits a material breach of these Terms and Conditions and fails to remedy that breach within 7 days of receiving a written notice from us to do so.
c. ‘For convenience’ by providing the relevant Member with 30 days’ written notice, where that Member’s Membership shall expire at the end of the calendar month after the 30 days is complete.