Clause 1. Terms definitions
- “Curate Space” refers to the venue and registered office located at Level 6, 306 Little Collins St Melbourne, Victoria, Australia, VIC 3000 operated as an initiative of Strategic Artistry Pty Ltd ACN 608 529 924
- “Curate Space Facilities” means access to the facilities as located at 306 Little Collins St Melbourne Victoria and any other venues as identified subsequent to this Agreement.
- “Deposit” means the deposit equal to one month’s Fees, payable to Curate Space prior to commence your Membership.
- “Fees”: as specified on the Website as applicable to your Membership type and may be varied by Curate Space in accordance with Clause 4.
- “Member”: a person granted Membership type by Curate Space for use and access to the venue known as Curate Space located at 306 Little Collins St Melbourne Victoria and any other subsequent venues identified in this Agreement as further identified in Schedule 1 of this Agreement.
- “Membership”: means the entitlements outlined in Clause 2 of this Agreement and entitlements outlined in Schedule 1 of this agreement or selected by the use of the Mind Body App.
- “Mind Body App”: means the Curate Space App or Website to which the Member agrees to be subject to these Terms and Conditions of use.
- “Minimum Notice”: the minimum period of notice required by the terms of the present Agreement to terminate your Membership.
- “Facilities”: any furniture, equipment, documents owned or controlled by Curate Space.
- “Services”: the services to what you are entitled due to your Membership type as further outlined in Clause 2 and listed in Schedule “A” of this Agreement.
- “Your belongings”: any equipment, documents, property or possessions that you may bring into Curate Space facilities.
Clause 2. The Facilities
2.1 – You are solely responsible for ensuring that Curate Space Facilities meet the needs of your business or enterprise. Curate Space gives NO warranties or representations that they are suitable for the purpose you intend to use them for.
2.2 – Curate Space ensures that Curate Space Facilities are in accordance with all legal and regulatory requirements. You are responsible to ensure that any equipment or appliance you may bring into Curate Space facilities is fit for purpose and has been inspected and tested in accordance with AS/NZS 3760:2010 as well used in a safe manner.
2.3 – You acknowledge that you will be liable for, and agree to indemnify us for any damage caused to Curate Space facilities, or for any claim brought against us due to malfunctioning or incorrect use of equipment brought by you, your employees or your guests into Curate Space.
2.4 Meeting rooms are available for the use by Members in accordance with our meeting room policy, as may be implemented or amended from time to time.
2.5 Subject to the terms of this Agreement and the contributions outlined in Schedule A Curate Space grants the Collaborator a licence to enter and use the specified area in Schedule A for the period of the Term and as identified in this Schedule.
2.6 Curate Space retains the right to cancel or relocate bookings at any time in the unlikely event that the facilities are required for other purposes. In these instances, staff will endeavour to provide the Member with due notice and offer an alternative area where possible.
Clause 3. Changes, Cancellation and Termination
3.1 – The present terms and conditions may be amended by Curate Space at any time and you will be notified of any eventual amendment.
3.2 – Changes in the Membership, personal and billing details as well as Membership cancellation can be made via the Mind Body App. In the case of cancellation of Membership Strategic Artistry requires 60 days notice on the first day of the following month for cancellation to take effect.
3.3 – Strategic Artistry reserves the right to immediately terminate your Membership if you find yourself in breach of any of the terms and conditions of the present Agreement. Strategic Artistry also reserves the right to terminate your Membership based upon the sole discretion of management, regardless of any specific breach of the terms and conditions of the present Agreement. In this last case, you will be given a minimum 60 days notice.
3.4 – Strategic Artistry will refund to you the Deposit within 7 days of termination/cancellation of your Membership for any reason. Strategic Artistry reserves the right to deduct from the Deposit any amounts owed to us by you, including, but not limited to, any outstanding Fees.
Clause 4. Confidentiality and Privacy
4.1 – Strategic Artistry policies and procedures ensure that any information disclosed to us is protected under the Privacy Act 1988 and the Australian Privacy Principles. You agree to take reasonable care to protect your own Confidential Information as well as any Confidential Information Strategic Artistry may disclose to you and you shall NOT disclose it to any third party.
4.2 Confidential Information includes information relating to either party’s business, employees, clients, products and business processes. Any Confidential Information you give us, or we give you, remains confidential.
4.3 The Member is responsible for ensuring that their Confidential Information, and that of any of your employees, remains secure within the space. We will not be liable for any unauthorised disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.
4.4 We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise. If the Members requires the use of additional facilities, equipment and services for a fee as agreed the staff will demonstrate the safe use of all equipment and facilities prior to its use. It is the Members responsibility to ensure these instructions are adhered to.
4.5 The Member will not make any addition or alterations to the structure, facilities, goods, equipments or decorations unless approved by Curate Space. If the Collaborator moves furniture and fittings they must be returned to their original storage place. For safety reasons the Member is required to stack all furniture as per instructions.
4.6 The Member is responsible for any damage to the venue, its facilities and furnishings etc. during booking hours. This includes the behaviour of all people (invited or not) accessing the venue during the period. The Member retains the right to request the Collaborator to remove any material which is considered to be detrimental to the venue’s presentation standards. The Member must additionally ensure that guests that have booked use of other areas of the venue may use it equally with the same right of quiet enjoyment as the Member.
4.7 It is the Members responsibility to leave all areas included in the agreement clean and tidy condition, removing all personal property, all decorations and refuse of any kind, disposing of refuse in the rubbish bins provided, wiping down all benches and sinks, and sweeping floors if required to return the premises to a clean condition.
4.8 Curate Space reserves the right to control the venue including all means of entry and exit, and over the timing of opening and closing the doors and admission of the public (including the right to refuse admission to any person or persons).
4.9 The Member and the persons under its control must comply on time with all requirements and all Laws in connection with the areas identified in Schedule A and the use or occupation of these areas.
Clause 5. Liability and Insurance
5.1 – Strategic Artistry maintains a public liability insurance policy that covers our facilities and we carry our own contents insurance. Strategic Artistry contents insurance does not extend to your belongings or the belongings of your guests. You should make your own insurance arrangements to ensure that your belongings and any other liabilities are covered, including public liability and meeting any State or Territory workers compensation insurance requirements.
5.2 – Strategic Artistry do NOT accept responsibility for loss or damage to any of your belongings left unattended or unsecured in Curate Space facilities.
5.3 – Strategic Artistry liability in the case of breach of any of the Terms and Conditions of the present Agreement is limited to an amount equal to the Fees that you have paid in the 1 month prior to the claim arising. Strategic Artistry will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.
5.4 – You acknowledge that you will be liable for, and agree to indemnify Strategic Artistry for any damage caused to our staff, facilities, or for any claim brought against us due to the breach of the Terms and Conditions of the present Agreement in accordance with Clause 6.
Clause 6. Indemnification
6.1 The Member releases, and hereby agree to indemnify, defend and save harmless Strategic Artistry and their past, present and future representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services.
Clause 7. Warranties
7.1 To the maximum extent permitted by the applicable law, Strategic Artistry provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with the Member.
Clause 8. Force Majeure
8.1 – The Parties shall be liable, in respect to any delay in completion of work hereunder or of the non-performance of any term or condition of this Agreement directly or indirectly resulting from delays by Acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; water shortage or adverse weather conditions; or other causes beyond the control of the Parties.
In the event of any of the foregoing, the time for performance shall be equitably and immediately adjusted, and in no event shall any Party be liable for any consequential or incidental damages from its performance or non-performance of any term or condition of this Agreement. The Parties shall resume the completion of work under this Agreement as soon as possible subsequent to any delay due to force majeure.
Clause 9. Governing Law
9.1 – Should any dispute arise concerning the present Agreement it shall be governed by and construed in accordance with the laws of the State of Victoria, without regard to conflicts of law principles.
Clause 10. Severability
10.1 – The Parties recognise the uncertainty of the law with respect to certain provisions of this Agreement and expressly stipulate that this Agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Agreement are determined by a court of competent jurisdiction to be invalid or unenforceable and the validity and enforceability of the remainder of such provisions and of this Agreement will be unaffected.
Clause 11. Notices
11.1 – All notices, requests, demands and other communications under this Agreement must be in writing and will be deemed duly given, unless otherwise expressly indicated to the contrary in this Agreement: (i) when personally delivered; (ii) upon receipt of a telephone facsimile transmission with a confirmed telephonic transmission answer back; (iii) three (3) days after having been deposited in the mail, certified or registered, return receipt requested, postage prepaid; or (iv) one (1) business day after having been dispatched by a nationally recognised overnight courier service, addressed to a Party or their permitted assigns at the address for such Party first written above.