Yawn…Terms of Service (TOS) are boring, yadahyadahyadah. And long too…Yawn.
However, it’s really important that you read them carefully to understand not only your rights and protections, ours too.
If you have questions regarding these TOS please contact us at thestarroomalbury@gmail.com.
1. Acceptance of Terms
a) The services The Star Room provides are subject to the following Terms of Service (TOS).
The Star Room reserves the right to update the TOS at any time without notice to you.
b) Booking and use of The Star Room does not create a tenancy but a prepaid usage licence to use the provided amenities on a casual basis.
c) Any/all person(s) making use of any/all services and/or facilities provided by The Star Room agree to do so in accordance with the TOS set out herein and will be bound by the TOS upon commencement of The Star Room’s Services.
2. Description of Services
The Star Room may provide you with access to workspace, internet access, office equipment, meeting space, and other services (collectively, “Services”). The Services at all times are subject to the TOS.
3. License
a) The licence conferred in clause 1b is:
i) limited, non-exclusive, non-transferable to others and is in the nature of a personal privilege;
ii) does not constitute the grant of a lease, sublease or other form of tenancy or right of possession over the premises to the User.
b) The premises will be securely locked at all times, however, subject to the terms of this agreement, the User will be entitled to access The Star Room between the hours of 9:00am to 5.00pm Monday to Friday from a period of minimum 1 hour to maximum 8 hours, dependent on the time booked by the User.
c) Upon payment of the first invoice the User will be issued with a key to gain access to The Star Room and shared bathroom facilities. Ownership of the key does not pass to the Member at any time.
d) The User is required to return the key to The Star Room personnel upon exiting The Star Room.
e) The User is allowed to bring guests onto the premises with them provided the guest is onsite for a booking period only.
4. Payment Terms
a) All payments are due upon booking and must be completed via the online system. Payment can be made with Credit Card via Stripe.
b) The Star Room reserves the right to charge late fees and/or withhold services if payments are not received on time or are cancelled prior to usage of workspace.
c) The Star Room reserves the right to vary the Rates Schedule at any time.
5. User Rules
a) The User must not give their The Star Room key to any other person to use.
b) The User is responsible for ensuring that their guests are aware of, agree to and abide by this agreement (to the extent they apply to the guest), prior to entering the premises. The User is liable for the conduct and behaviour of the Users guests.
c) The User must only use the Licensed Area for temporary office accommodation. Specifically, the User must not use the Licensed Area for medical consultations, overnight accommodation, residential accommodation, social gatherings/parties, retail sales of goods, a permanent office or for any other purpose which The Star Room (acting reasonably) considers to be inappropriate or inconsistent with normal office usage.
d) The User must not store any personal belongings in any part of the premises.
e) The User must not conduct, authorise or undertake any activity which may be illegal, defamatory, misleading, harassing, obscene, threatening, pornographic, discriminatory or which infringes on the rights of third parties, in the premises.
f) The User must not do anything which may annoy, disturb or offend any other person or business in the premises.
g) The User must not cause any damage to property or equipment in the premises (whether or not such property is owned by The Star Room).
h) The Star Room reserves the right to amend, delete or create additional rules regarding the User’s use of the premises.
6. Key-holder Responsibility
a) A key-holder is deemed to be any person who takes possession of keys to The Star Room.
b) Key-holders acknowledge and accept responsibility for the security of the doors and spaces they access
c) The Key-holder is required to return the key to The Star Room personnel upon exiting The Star Room.
7. Services
a) The Star Room provides a private Meeting Room as part of its Services, dependent upon availability, and for use by business owners and personnel.
b) Unless otherwise agreed, The Star Room must be booked in advance and paid for at the time of booking. The Star Room booking rates are determined in accordance with the Rates Schedule.
c) The entitlement to a refund of The Star Room Fees for cancellation of a Meeting Room booking will be determined as follows:
i) 100% refund if cancellation occurs at least 7 days prior to the date which access to the The Star Room was booked for;
ii) 50% refund if cancellation occurs within 3 to 6 days of the booked date; or
iii) no refund where cancellation occurs 2 days or less before the booked date.
d) The User is responsible for the User’s own internet security. The Star Room recommends the Member take appropriate security measures to protect data and equipment from damage, unauthorised access and theft.
e) The User must not use, or attempt to use, The Star Room’s internet connection:
i) to access illegal content or undertake illegal activities;
ii) to engage in abusive or inappropriate conduct;
iii) to monitor, manipulate or access the account, equipment, software or private information of another person or The Star Room;
iv) to distribute any virus or other software intended to compromise any network or system; or
v) to distribute any fraudulent offer, scam or unsolicited advertisement.
f) The User must not use, or attempt to use, the Services in a manner that is illegal, inappropriate or which damages, disrupts, interferes with or alters the provision or quality of the Services.
g) The Services are offered on the condition that they are used reasonably, taking into account the User’s booking type. If The Star Room forms the reasonable opinion that any Services are being abused, misused or overused by the User, The Star Room may issue a notice to the User to desist using the Services or provide guidance as to what it considers to be reasonable use.
8. Privacy
a) The Star Room may collect the User’s personal information for the operation of its business, including to collect statistics, for marketing promotions and to recoup any monies owed by the User.
b) The Star Room will only disclose the User’s personal information to any person it is required to by law, or to any contractor engaged by The Star Room to collect monies from the User under this agreement.
c) The Star Room will use its best endeavours to keep the User’s personal information secure.
9. Liability
a) The Star Room requires Users provide proof of their own insurance policy coverage for public liability and professional indemnity.
b) The Star Room recommends Users obtain their own insurance policy coverage for contents as The Star Room does not have insurance to cover the User’s personal belongings.
b) The Star Room does not guarantee that the Member will have uninterrupted access to the internet or that any internet connection provided by The Star Room will meet any minimum speed or bandwidth requirements of the User.
c) The Star Room may suspend or restrict access to the premises, and the Services where an event occurs outside of their reasonable control including, but not limited to failure of office equipment, furniture or facilities, loss of power or internet connection, internet service provider or telecommunications infrastructure downtime or maintenance, natural disaster, building works, without liability to the User.
d) The User and any guests of the User use the premises and Services at their own risk. The Star Room reserves the right to remove the User’s guests from the premises at its discretion.
e) To the maximum extent permitted by law, The Star Room disclaims, and the User agrees to release The Star Room, its officers and representatives, from all liability for any loss or damage arising in connection with the use of the premises or Services.
10. Indemnity
a) The User agrees to indemnify and hold The Star Room and its officers and representatives, harmless from and against any liability, loss, damage, costs (including legal costs), expenses or other liability which may be suffered or incurred by The Star Room, arising out of, or in connection with the Users (or their guests) use of The Star Room, Premises and Services; and any breach of this agreement by the User.
b) The indemnity given by the User in clause 12 is limited to the extent that any grossly negligent act or omission of The Star Room has contributed to the liability arising.
12. Severability
In the event that any provision or portion of this TOS is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOS shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.