Online Purchases
Terms & Conditions
Terms and Conditions for Memberships purchased Online
These terms and conditions ("terms") govern your membership with the commons ("we," "us," "our"). By purchasing or using a membership through our website, you ("you," "your") agree to these terms. Please read them carefully before proceeding.
1. THE COMMONS
1.1 There are several different corporate entities that own or operate The Commons Sites. Your rights under this agreement may be enforced by us to by any of these entities which are listed here: https://www.thecommons.com.au/the-commons-entities
2. AGREEMENT
2.1. By purchasing a membership at The Commons online, you enter into an Agreement for a Membership with us. You agree to abide by the terms of this Agreement. If there is anything that you wish to query or clarify regarding this Agreement, please contact us at hello@thecommons.com.au.
2.2. You should seek independent legal advice in relation to any terms you do not understand.
2.3. You acknowledge and agree that the rights conferred on you by this Agreement rest in contract only and do not create in favour of you any interest in the Space.
2.4. You must notify us in writing as soon as reasonably practicable if any of your details change.
2.5. Your Memberships may not be transferred to anyone else without prior written consent from us (such consent must not be unreasonably withheld).
3. MEMBERSHIP
3.1. By a membership at The Commons online, you have agreed to acquire the membership(s) selected by you at the time of online purchase, the details of which may be varied from time to time in accordance with clause 3.3 or otherwise by written agreement between the parties (each a 'Membership' and together the 'Memberships').
3.2. We will supply the inclusions applicable to each Membership as specified under Schedule B, including any optional inclusions that may be purchased from time to time in accordance with Schedule B ('Membership Inclusions').
3.3. You may, from time to time, request to:
a. add or remove a Membership to this Agreement; or
b. vary the number of Users applicable to a Membership,
by contacting us at hello@thecommons.com.au. Your request must specify the specific details of the propose addition, removal or variation, which we will consider, acting reasonably, and either:
c. advise you in writing that we cannot accommodate your request; or
d. advise you in writing that we can accommodate your request, in which case we will inform you of the resulting changes to this Agreement that will apply (including any additional Membership Fees or Joining Fees). Within 7 days after receiving such information, you must inform us in writing whether or not you would like to proceed with the variation. If you accept, these Terms and Conditions is taken to be varied to incorporate the variation.
4. TERM
4.1. Your Membership is effective from the date of purchase and, subject to early termination in accordance with its terms, continues until the Expiry Date (Term).
4.2. Each Membership takes effect on the Start Date and continues for the relevant Membership Period. which may be fixed-term or month-to-month. The Expiry Date will always be the last day of a calendar month. For fixed-term memberships, if the Start Date is any day other than the first day of a month, the Expiry Date will be calculated by starting from the first day of the following calendar month and continuing for the full duration of the Membership Period. For month-to-month memberships, the Membership will automatically renew at the end of each calendar month unless terminated by either party in accordance with the termination provisions set out in this agreement. Where the Membership Period:
a. is for a fixed term, upon the expiry of the fixed term Membership Period, the Membership Period will automatically convert into a month-to-month Membership Period unless you advise us:
i. at least 60 days prior to the end of the fixed term Membership Period, where the total Membership Period is 10 months or less; or
ii. at least 90 days prior to the end of the fixed term Membership Period, where the total Membership Period is more than 10 months,
that you would like to cancel the Membership at the end of the fixed term Membership Period; or
b. is for a month-to-month Membership Period, including as a result of the operation of clause 4.2.a, the Membership will, subject to early termination in accordance with these Terms and Conditions, continue on a month-to-month basis until you elect to cancel the Membership under clause 4.3.
4.3. You may cancel a month-to-month Membership on the last day of a calendar month by providing us with at least 30 days' notice. If you provide 30 days' notice to us on any day other than the first day of a month, the last day of the Membership will be the last day of the following calendar month. 4.4. If you cancel a Membership under clause 4.3, you must:
a. within 14 days after the date of cancellation, pay us all relevant Membership Fees for the period up to the date of cancellation on a pro rata basis, in addition to any other unpaid amounts payable under these terms and conditions; and
b. remove Your Property from all relevant Spaces and return your access pass and office key to the Manager of such Spaces on or before the effective date of cancellation, or otherwise as soon as reasonably possible following the date of cancellation.
5. STATE RETAIL LEGISLATION
It is a fundamental term of these Terms and Conditions that:
5.1. your right to occupy the Space is granted under this licence only and your right is not granted under a lease in any such form under any State Retail Legislation;
5.2. the licence of the Space is not a "retail shop lease" or "lease" under any State Retail Legisation;
5.3. the Space does not form part of a "retail shopping centre" nor is it to be used as a "retail shop" or "retail premises" or such similar use under any State Retail Legisation; and
5.4. you must not use the Space for the retail sale of goods or services, for any other activity, or in any way, that would cause any provisions of State Retail Legislation to apply to the Space or to your use of the Space.
6. POLICIES
6.1. You must comply, and must ensure that your Users with:
a. all of the obligations under these Terms and Conditions;
b. any additional obligations that may be contained in our Policies as in place at the date of purchase; and
c. subject to the remainder of this clause 6, any new Policies, and any amendments to existing Policies, as advised by us in writing from time to time ('Policy Amendments').
6.2. Except where the Policy Amendments are mandated by law, if you reasonably determine that a Policy Amendment would:
a. be inconsistent with these Terms and Conditions; or
b. require you to comply with obligations that would cause you a material detriment,
you must notify us and provide all evidence reasonably requested by us to substantiate your claim.
6.3. If we reasonably determine, on receipt of your notice and evidence under clause 6.2, that the whole or any part of the Policy Amendment would satisfy the clause 6.2.a and/or 6.2.b, we will advise you that either:
a. we will not require you to comply with the relevant part of the Policy Amendment; or
b. we require compliance with the relevant part of the Policy Amendment, but you may immediately terminate Your Membership on written notice to us if you are unable or unwilling to comply.
7. FEES
7.1. The fees payable for your Memberships ('Membership Fees') are:
a. for each Membership with a fixed term Membership Period, the fees set out on the website at the time of purchase; and
b. for each Membership with a month-to-month Membership Period, the fees communicated to you by The Commons, which are subject to change. You will be given 30 days prior written notice of any such change before it comes into effect, and may within such time cancel your Membership in accordance with clause 4.3.
7.2. You must, on or before the Start Date for each Membership, pay the following amounts, as applicable to the Membership:
a. the Joining Fee;
b. the Membership Fees for the first month (which, if the Membership commences after the 1st day of your first month, will be calculated in accordance with clause 7.6); and
c. the Membership Deposit.
7.3. Your ability to use each Membership is conditional on payment of the relevant fees in accordance with clause 7.1.
7.4. You agree to pay all fees in connection with your Memberships by automatic direct debit from a credit card (Visa or Mastercard or Amex) or Bank Account nominated by you (unless otherwise agreed between us). Payment via Visa, Mastercard and Amex may incur a surcharge from the service provider (e.g. Visa/Mastercard or Amex).
7.5. The Membership Fees (and any additional amounts that become payable for the Memberships under clause 3.3 during the relevant month) will be debited monthly in advance from your nominated account on or around the 1st day of each calendar month or the next available business day ('Payment Date'), and will continue to be debited for the duration of the Memberships.
7.6. If a Membership commences after the 1st day of your first month, your Membership Fees for the first month will be calculated pro-rata based on your standard monthly Membership Fees. As of the second month, your Membership Fees will be charged in the manner identified in clause 7.5 above.
7.7. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the fees associated with your Memberships for the duration of the Term. If a transaction is rejected for any reason, you are liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal fees (on an indemnity basis), bank fees or collection agency fees.
7.8. If you fail to meet your payment obligations we will notify you in writing (Notice). If, within 28 days of Notice, you have not paid the fees owing, we may charge you the late payment fee if any Fees remain overdue more than 28 days after the Payment Date.
7.9. Our right to charge you under clause 7.8 will not affect any other rights or remedies we may have in relation to your default including any right we have to recover any overdue payments, suspend or terminate your Memberships..
7.10. A schedule of our fees can be found in our Fee Schedule. Unless you are notified otherwise, the fees and any other prices referenced on in our Fee Schedule or on our Website or otherwise communicated to you are quoted exclusive of GST.
7.11. If your personal or billing information changes, you must notify us in writing as soon as reasonably practicable.
8. MEMBERSHIP DEPOSIT
8.1. You acknowledge that we may use the Membership Deposit (or any part thereof) on notice to you, to meet any monies owed by you to us, (including but not limited to non-payment of your fees associated with your Memberships, or that you otherwise owe to us in accordance with these Terms and Conditions), provided that such monies are not subject to any bona fide dispute between us and you. This is in addition to any other rights we have at law, under these Terms and Conditions or any other agreement we have with you.
8.2. If we call upon your Membership Deposit (or any part thereof), you will be required to replace the used portion of the Membership Deposit within 14 days of us notifying you of the amount requiring replacement. We reserve the right to suspend your Memberships until the full amount of the Membership Deposit has been restored.
8.3. Upon cancellation of a Membership or termination (as the case may be), we will assess all relevant Spaces. If we reasonably determine that you (or your Users or Guests) have caused damage to the Space (other than reasonable wear and tear), we will deduct the reasonable cost of repairs from the relevant Membership Deposit in respect of that damage.
8.4. Should any relevant access passes, keys or any other items of Our Property not be returned to us within a reasonable time following cancellation, termination or expiry of a Membership (as the case may be), we will deduct the replacement fee (as listed in the Fee Schedule) from your Membership Deposit.
8.5. Upon cancellation, termination or expiry of a Membership (as the case may be), we will deposit to your nominated bank account, or any other bank account details you advise us of, the remaining portion of your Membership Deposit to be returned. The amount will be returned to you within 6 weeks from the date of cancellation, termination or expiry, or the date that you provide us with your nominated account details, if that date is later.
9. THIRD PARTIES AND SAFETY
9.1. You agree to use your Memberships in accordance with these Terms and Conditions and each relevant Membership Category.
9.2. In signing up for the Memberships, you acknowledge that we have other members, users and third parties that may access other areas of the Space ('Third Parties').
9.3. Except where your Membership Category provides you with a dedicated desk or private office, your licence to use the Space arises in common with other Third Parties and does not give you exclusive rights to any part of the Space.
9.4. You acknowledge that due to the shared nature of the Space, subject to your chosen Membership Category, you may find that you are working in close proximity to Third Parties that compete with your business. You acknowledge that sensitive information may be overheard, and you agree to take all measures that are necessary to protect your privacy and confidentiality and to respect the right of privacy and confidentiality of other Third Parties.
9.5. While we take all reasonable measures to ensure the Space is a safe and healthy working environment, you must ensure that you observe safe systems of work and practice safe behaviour to protect yourself and the safety of others. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.
9.6. It is your responsibility to ensure that Your Property is fit for purpose, properly maintained and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested in accordance with AS/NZS 3760:2022.
9.7. If you see anything you consider may create a risk to the health and safety of Third Parties or our staff in the Space you must notify us immediately. You must also advise us as soon as possible if you or any of your Users or Guests bring any infectious diseases or illnesses into the Space.
9.8. From time to time we are legally required to comply with evacuation drills arranged by the building owners so as to ensure procedures are in place in case of an emergency. Fire wardens are trained to assist with these drills and all users must fully cooperate and comply with all directions from the fire warden.
10. UNACCEPTABLE BEHAVIOUR
10.1. The Space is predominately a shared office and in using the Space you must consider Third Parties and use the Space in a respectful way.
10.2. The use of illegal drugs, intoxication, offensive language, bullying, threatening or abusive behavior (whether verbal, physical or in writing) towards our staff or other persons in the Space, theft or damage to Our Property or to that of another person in the Space, will not be tolerated. If we reasonably determine that you, or any of your Users or Guests have engaged in any such behaviour, we reserve the right to remove offenders from the Space, notify the authorities and/or suspend your Memberships immediately.
10.3. Smoking is not permitted in the Space. If you, or any of your Users or Guests are found smoking inside the Space, we reserve the right to suspend your Memberships immediately.
10.4. If we suspend your Memberships under clause 10.2 or clause 10.3, we will investigate the instance (or alleged instance) of non-compliance and provide you with 48 hours to make submissions and respond to us. If, following our investigation, we are satisfied on reasonable grounds that you were in breach of your obligations under clauses 10.2 and 10.3, we may terminate your Membership immediately.
10.5. You must not (and must ensure that your Users and Guests do not) knowingly use the Memberships or the Space to create, transmit, retrieve, install or store any communications that are:
a. discriminatory or harassing;
b. defamatory, threatening or derogatory to any individual or group (including us);
c. obscene, sexually explicit or pornographic;
d. in violation of any third party intellectual property rights or license/copyright governing the use of software or material; and/or
e. engaged in for any purpose that is illegal, including but not limited to:
i. using a password without authorisation to gain access to another person's information or communication;
ii. undertaking fraudulent activity, misleading or deceptive conduct or to transmit any objectionable material or undertake any other unlawful activity;
iii. disguising or attempting to disguise identity when sending e-mail, using another person's e-mail account or copying messages or files belonging to another member or user without their permission;
iv. accessing, without express authority, or hacking, any computer; and/or
v. sending, receiving or copying copyrighted materials, trade secrets, confidential information, proprietary financial information or similar materials without prior authorization.
10.6. While at the Space, you agree not to, and will procure that your Users and Guests do not, make any comments, take any photos or make any videos which identify or utilize our intellectual property or logos without prior written approval and authorization from the Manager of the relevant part of the Space from time to time.
10.7. You agree to, and will procure that your Users and Guests, refrain from making any communications to any persons that could be considered obscene, offensive, defamatory, threatening, harassing, discriminatory or hateful and which could be perceived to be comments made on behalf of us.
11. GUEST ACCESS
11.1. You acknowledge that the Space is for the use of you, your Users and Third Parties and you agree not to, and will procure that your Users do not, bring Guests into the Space unless otherwise allowed under this clause 11.
11.2. You and your Users may bring Guests into the Space provided that:
a. it is solely for the use of one of the communal meeting spaces in the Space ('Meeting Spaces'), which are available for use subject to your Membership Category; and
b. all Guests are registered at the relevant reception area upon entering the Space.
11.3. Meeting Spaces are for the shared use of all members and users, and bookings must be made in accordance with our Meeting Room Booking Policy.
11.4. Subject to any Non-Excludable Rights, we do not provide any guarantees as to the availability or suitability of any Meeting Space. In exceptional circumstances, we may need to vary your booking or amend or suspend access to a Meeting Space as may be reasonably necessary, including for safety or maintenance reasons. We will endeavour to provide you with as much advance notice in the circumstances as reasonably possible.
11.5. If a Membership includes a private office, you may invite Guests inside the private office space provided such access is restricted to and from the private office space.
12. ACCESS PASSES
12.1. Access passes are not transferrable and must be returned to us at the end of the relevant Membership.
12.2. To ensure security in the Space, you must not duplicate your access pass, lend your access pass to any other person, and must notify us immediately if it is lost or stolen.
12.3. We reserve the right to charge you the replacement fee (as listed in the Fee Schedule) for any lost or stolen access pass, except to the extent caused by our negligence or breach of these Terms and Conditions.
12.4. We reserve the right to cancel or re-issue any access pass that we reasonably suspect is being used improperly and/or without our authorisation.
13. DISPUTES BETWEEN MEMBERS
You acknowledge and agree we are not engaged to act as an intermediary between you and any Third Party, including in the event of a dispute or disagreement. While we will reasonably consider any complaints that arise in relation to a Third Party, we are not obliged to assist in remedying the dispute or conducting or participating in any mediation.
14. LIABILITY AND INDEMNITIES
14.1. Subject to any Non-Excludable Rights:
a. our liability to you for any failure to comply with Consumer Guarantees is limited to the supplying of the Services again, or the payment of the cost of having the Services supplied again;
b. neither party will be liable for any Consequential Loss ('Consequential Loss Exclusion'); and
15.1. the maximum aggregate liability of each party to the other party for all proven Loss however arising is limited to an amount equal to the total of all amounts paid by the Member as at the time the relevant Loss occurred ('Liability Cap').
15.2. Despite clause 14.1, the Consequential Loss Exclusion and Liability Cap does not limit a party's liability to the extent that the relevant Loss:
a. is caused by the liable party's unlawful act, fraud, wilful misconduct or negligence;
b. is for amounts paid or payable by the Member in relation to its Memberships;
c. is able to be recovered under any policy of insurance (or would have been capable of recovery but for any breach of, or failure to maintain, such policy);
d. arises under an indemnity under clause 14.3; or
e. cannot be limited at law.
14.3. Each party ('Indemnifying Party') indemnifies the other party ('Indemnified Party') from and against any Loss that the Indemnified Party suffers or incurs arising from or in connection with the Indemnifying Party's breach of these Terms and Conditions (and in the case where we are the Indemnified Party, any Loss arising out of a negligent act or omission of your Users or Guests), except to the extent the relevant Loss is caused or contributed to by the Indemnified Party (or, in the case where we are the Indemnified Party, your Users or Guests).
14.4. The Indemnifying Party acknowledges that it is not necessary for the Indemnified Party to incur an expense or make a payment before enforcing a right of indemnity conferred by these Terms and Conditions, or to mitigate its Loss.
15. INSURANCE
15.1. We maintain a public liability insurance policy that covers the Space but members are not insured under this policy. We maintain our own contents insurance but this does not extend to Your Property or the property of your Users or Guests.
15.2. You must ensure you have sufficient insurance to cover Your Property and any other liabilities, including but not limited to public liability and any State or Territory workers compensation insurance requirements.
16. TERMINATION
16.1. We may terminate all or part of Your Membership:
a. with immediate effect if we determine, acting reasonably, that you have:
i. breached any of your material obligations under these Terms and Conditions and the breach is not capable of being remedied;
ii. breached any of your material obligations under these Terms and Conditions and the breach is capable of remedy, but have not remedied your breach within 14 days of being notified by us;
iii. failed to pay any fees due and owing under these Terms and Conditions, and such failure is not remedied within 30 days;
iv. failed to comply with our Policies and the failure is not capable of being remedied; or
v. failed to comply with our Policies and have not remedied such failure within 14 days (or such longer period as agreed to us in writing); or
b. as otherwise permitted under these Terms and Conditions.
16.2. You may terminate all or part of Your Membership::
a. with immediate effect if you determine, acting reasonably, that we have:
i. breached any of our material obligations under these Terms and Conditions and the breach is not capable of being remedied; or
ii. breached any of our material obligations under these Terms and Conditions and the breach is capable of remedy, but have not remedied our breach within 14 days of being notified by you, or
b. as otherwise permitted under these Terms and Conditions.
16.3. If we terminate all or part of Your Membership under clause 10.4 or clause 16.1, and you have a Membership with a fixed term Membership Period, you must, within 14 days after the date of termination, pay us a termination fee for that Membership calculated in accordance with the following formula:
A = (B - C)
Where:
A is the termination fee you must pay to us;
B is the total cost for your Membership without any discounts that we may have applied at the time you acquired the Membership, such cost to be determined on a pro rata basis if necessary from the Start Date up to the date of termination; and
C is the actual cost paid or payable by you for your Membership from the Start Date up to the date of termination.
16.4. If:
a. you terminate all or part of Your Membership under clause 6.3.b or clause 16.2;
b. we terminate all or part of Your Membership under clause 10.4 or clause 16.1, and you have a Membership with a month-to-month Membership Period; or
c. either party terminates all of part of Your Membership under clause 18.4
you must, within 14 days after the date of termination or expiration, pay us all relevant Membership Fees for the period up to the date of termination or expiration on a pro rata basis, in addition to any other unpaid amounts payable under these Terms and Conditions.
16.5. Upon termination of Your Membership, you must remove Your Property from all relevant Spaces and return your access pass and office key to the Manager of such Spaces on or before the effective date of termination, or otherwise as soon as reasonably possible following the date of termination or expiration.
16.6. If you fail to remove Your Property in accordance with clauses 4.4 or 16.5, and Your Property remains in the relevant Space 30 days after the effective date of termination of Your Membership or cancellation of a Membership (as the case may be), we may sell or dispose of Your Property in any manner that we deem appropriate, provided that:
a. we have first attempted to contact you using your nominated contact details during the 30 day period to arrange for collection of Your Property; and
b. we have not caused you to be unable to collect Your Property from the Space.
16.7. If we sell Your Property under clause 16.6, we will remit to you the proceeds of the sale less our reasonable costs for storing, handling and selling Your Property.
17. SECURITY & CONFIDENTIAL INFORMATION
17.1. 'Confidential Information' includes information (whether written or oral) relating to either party's business, employees, clients, products and business processes and information which is not generally known to the public but does not include information already in the public domain. Any Confidential Information you give us, or we give you, remains confidential. We have adequate policies and procedures in place to reasonably protect Confidential Information you disclose to us and you agree to take reasonable care to protect any Confidential Information we may disclose to you and not disclose it to any third party.
17.2 You are responsible for ensuring that your Confidential Information or any third party's confidential information that you hold, and that of any of your Users, remains secure within the Space. We will not be liable for any unauthorised disclosure of such Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you or due to our negligence.
17.3. Subject to any Non-Excludable Rights, we make no representations about the security of our internet connection, and you must take reasonable security measures (e.g., encryption) as are necessary for your business or enterprise.
18. FORCE MAJEURE
18.1. A party shall not be liable for any failure of or delay in the performance of their obligations under these Terms and Conditions (except for a financial obligation or an obligation to make payment) for the period and to the extent that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, epidemic, pandemic, fire, hostilities, hijack, blockade, riots, civil commotion, flood, storm, or failure in the manufacture, production, or supply by third parties of equipment or services upon which the party's performance of their obligations under these terms and Conditions is dependent ('Force Majeure Event') and:
a. the party affected shall use its reasonable endeavours to cure such event (and the effects of such event) (if curable and if correction is within its reasonable control); and
b. each party will otherwise comply with their respective obligations in accordance with these Terms and Conditions as soon as any such event ceases to affect the performance of their obligations, and each party shall use its best efforts to resume compliance with such obligations.
18.2. Such a Force Majeure Event may prevent us from providing you with your Memberships in whole or in part. In such cases, you will not be required to pay your Membership Fees to the extent such Force Majeure Event prevents you from using your Memberships.
18.3. A party affected by a Force Majeure Event must give written notice to the other party as soon as reasonably possible, providing details of the Force Majeure Event and (to the extent reasonably ascertainable) the obligations from which it is being prevented from discharging.
18.4. In the case of a Force Majeure Event that stops us from providing you with access to the material part of your Memberships for a period of more than 30 consecutive days:
a. either party may, by written notice to the other party, suspend all or part of the Memberships for a period of up to 6 months during which time any fees payable by you are also suspended ('Suspension Period'); or
b. either party may, by written notice to the other party, terminate all or part of Your Memberships.
18.5. For the purposes of clause 18.4, a 'material part' of your Memberships means access to those of The Commons Sites at which you have spent the majority of your time during the period preceding the Force Majeure Event.
18.6. After any Suspension Period under clause 18.4.a, your Memberships (and the associated fees) will recommence. In respect of any Membership with a fixed term Membership Period, the Membership Period will be extended by the Suspension Period.
19. PRIVACY
19.1. For the purposes of assessing and approving your Memberships, we will require you to provide satisfactory evidence of identity. This may include photo identification like a driver's licence, passport and/or Medicare card, birth certificate or health care card. A copy will be retained of such identification for the duration of the Term and in accordance with privacy law.
19.2. We are committed to maintaining the confidentiality and security of your personal information and managing it in accordance with our obligations under privacy law.
19.3. The information on this form is collected by us primarily for the purposes of responding to your requests, providing services to you and communicating with you. We may provide this information to service providers, contractors, cloud providers and other third parties to help us manage our business, some of which may be located overseas. Our Privacy Policy is available on our Website at https://thecommons.com.au/privacy-policy/ and includes information on how you can request access to and correction of personal information we hold about you, how you can complain about our privacy processes and how we handle such matters. If you do not provide the information we request, we may not be able to fulfil your request or provide our services to you. You can contact us by email to hello@thecommons.com.au or calling telephone 1300 848 568.
20. GOVERNING LAW
Your Membership Terms and Conditions are governed by laws of Victoria, Australia.
21. WAIVER
A waiver of a right, remedy or power must be in writing and signed by the party giving the waiver. A party does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.
22. SEVERANCE
If a provision of these Terms and Conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms and Conditions for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms and Conditions.
23. DEFINITIONS
23.1. In these Terms and Conditions, the following definitions apply:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Consequential Loss means loss or damage that is not direct or does not flow naturally from the relevant act or omission in breach of this these Terms and Conditions and includes, without limitation, loss of profits and loss of opportunity.
Consumer has the meaning set out in section 3 of the Australian Consumer Law.
Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law.
Expiry Date means the date on which there is no longer an active Membership.
Fair Use Policy means our policy regarding the fair use of The Commons Sites set out here: https://www.thecommons.com.au/member-policies/
Fee Schedule means our fee schedule which can be found at https://thecommons.com.au/fee-and-notice-period/
Guests means any person you or your Users bring into the Space.
Home Location means the home location of a Membership as selected at the time of purchase.
Joining Fee means the fee payable for each User of a Membership calculated in accordance with the Fee Schedule.
Loss includes any losses (including Consequential Loss), liabilities, damages, costs, charges or expenses (including lawyers' fees and expenses on a full indemnity basis), and fines and penalties, however arising.
Meeting Room Booking Policy means our policy regarding booking meeting spaces set out here: https://www.thecommons.com.au/member-policies
Membership and Memberships has the meaning given under clause 3.1.
Membership Category means the category of a Membership selected at the time of online purchase.
Membership Deposit means the deposit applicable to a Membership.
Membership Fees has the meaning given under clause 7.1.
Membership Inclusions has the meaning given under clause 3.2.
Membership Period means the period of a Membership selected at the time of online purchase.
Non-Excludable Rights means any Consumer Guarantees or any other applicable laws that cannot be excluded, restricted or modified by agreement of the parties.
Our Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us, including the Space.
Policies means any of our codes of conduct, policies and procedures accessible on the Website at http://www.thecommons.com.au/member-policies or otherwise made available to you, as added to, updated or amended by us from time to time in accordance with clause 6.
Privacy Policy means our policy regarding privacy set out here: https://thecommons.com.au/privacy-policy/.
Reciprocal Locations means, when used in a particular context, all of The Commons Sites other than the Home Location relevant in that context.
Space means all areas of The Commons Sites to which the Member is afforded access in accordance with a Membership, including, subject to the inclusions of the Membership Category:
(a)the Home Location;
(b) any dedicated desk or private office at the Home Location; and
(c) the Reciprocal Locations.
Start Date means the start date(s) for a Membership as as set out at the time of online purchase.
State means New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia.
State Retail Legislation means the Retail Leases Act 1994 (NSW), the Retail Shop Leases Act 1994 (Qld), the Retail and Commercial Leases Act 1995 (SA), the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 (Tas), the Retail Leases Act 2003 (Vic),the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), the Leases (Commercial and Retail) Act 2001 (ACT) and Business Tenancies (Fair Dealings) Act 2003 (NT).
Term has the meaning given in clause 4.1.
Territory means Northern Territory and Australian Capital Territory.
The Commons Sites means The Commons locations listed on https://www.thecommons.com.au/locations from time to time.
Third Parties has the meaning given under clause 9.2.
User means the people linked with a Membership.
Website means our website at www.thecommons.com.au.
Your Property means any equipment, documents, property or possessions that you or your Users bring into the Space.
Schedule B - Membership Inclusions