Terms & Conditions
By signing or electronically accepting the Membership Schedule, the Member agrees to these Terms and Conditions. Together, they form the Agreement for the Membership identified in the Membership Schedule.
The Membership Schedule contains the commercial details that apply to the Membership, including the Licensor, Home Location, Membership Fee, inclusions, access rights, Minimum Term and Notice Period. The Membership Fee Schedule (Schedule of Costs) sets out the applicable Setup Fee and optional service and usage charges for the Home Location. Together with these Terms and Conditions and the Policies, these documents form the Agreement. If there is an inconsistency, the Membership Schedule prevails to the extent of that inconsistency.
How these Terms and Conditions apply
These Terms and Conditions are divided into Parts. The Parts that apply to the Member depend on the Membership identified in the Membership Schedule:
| Part | Applies to |
|---|---|
| Part A: General Terms | All Memberships |
| Part B: Workspace Terms | All Memberships except Virtual Office |
| Part C: Private Office Memberships | Private Office only |
| Part D: Dedicated Desk Memberships | Dedicated Desk only |
| Part E: Coworking, Hot Desk, Day Office and Jolimont Business Lounge Memberships | Coworking, Hot Desk, Day Office and Jolimont Business Lounge only |
| Part F: Virtual Office Memberships | Virtual Office only |
| Part G: Casual Bookings | Casual Users only (Day Passes, Meeting Rooms, Day Offices and Hot Desks booked without a Membership) |
| Part H: Definitions | All Memberships and Casual Users |
Where the Member holds more than one Membership, each Part applies to the Membership to which it relates.
A person or entity who books a Day Pass, Meeting Room, Day Office or Hot Desk without a Membership agrees to these Terms and Conditions as set out in Part G.
If there is an inconsistency between a Part that applies to a specific Membership or to Casual Users (Parts C to G) and Part A or Part B, the specific Part prevails to the extent of that inconsistency. This is subject to the Membership Schedule, which prevails as set out above.
Contents
Part C: Private Office Memberships
Part D: Dedicated Desk Memberships
Part E: Coworking, Hot Desk, Day Office and Jolimont Business Lounge Memberships
Part F: Virtual Office Memberships
Part A: General Terms
This Part A applies to every Membership.
A1. Agreement and licence
(a) The Licensor grants the Member a personal, limited, non-exclusive and non-transferable licence to use the Services and any allocated workspace described in the Membership Schedule during the Term.
(b) The Agreement does not create a lease, tenancy, partnership, agency, employment relationship or interest in land. The Member has no right to exclusive possession except to the limited extent necessary to use an allocated workspace under the Agreement.
(c) The Licensor retains possession, control and management of the Location and may enter any workspace as reasonably required for safety, security, maintenance, service delivery, inspection or an emergency. Except in an emergency, the Licensor will give reasonable notice where entry may materially disrupt the Member.
(d) The Member may use the Services only for lawful business purposes consistent with the Membership Schedule, the capacity of the workspace and the Policies.
A2. Term, continuation and termination by the Member
(a) The Membership starts on the Start Date and continues for the Minimum Term stated in the Membership Schedule. For a Virtual Office Membership, the Membership instead starts on the later of the Start Date stated in the Membership Schedule and the date Cubes.Co confirms activation in writing after compliance approval and receipt of any payments required before access. The Minimum Term begins on that date. If approval is not obtained, Cubes.Co may cancel the Agreement before commencement without charging Membership Fees or a Setup Fee.
(b) The Member may terminate the Membership at the end of the Minimum Term by giving at least two full calendar months’ written notice, unless a different Notice Period is stated in the Membership Schedule, including any Special Terms.
(c) Notice must be received before the first day of a calendar month for that month to count towards the Notice Period. If notice is received on or after the first day of a month, the Notice Period begins on the first day of the following month. Termination takes effect at the end of the second full calendar month, or on any later date required to complete the Minimum Term.
(d) A termination notice does not entitle the Member to end the Membership before the end of the Minimum Term. The Member remains liable for all Membership Fees and other amounts payable through the applicable end date unless the Licensor agrees otherwise in writing or the law provides otherwise.
(e) Before the Minimum Term ends, the Licensor will ordinarily contact the Member to discuss renewal or continuation arrangements. A failure to have or complete that discussion does not shorten the Minimum Term or prevent the Membership continuing under paragraph (f).
(f) Unless the parties enter into a new written fixed-term agreement or the Member has given a valid termination notice, the Membership will continue after the Minimum Term on a month-to-month basis. This continuation is not a renewal for another fixed term.
(g) During the month-to-month continuation, the Membership Fee will be 115% of the fee applying immediately before the Minimum Term ended, unless another rate is stated in the Membership Schedule or agreed in writing. The Licensor will notify the Member of the applicable rate before the Minimum Term ends.
(h) Once the Membership is continuing month-to-month, either party may terminate it by giving the applicable Notice Period in accordance with paragraphs (b) and (c).
(i) A termination notice must be sent to the Location email address stated in the Membership Schedule. The Licensor will acknowledge receipt. A failure to acknowledge the notice does not invalidate it if the Member can demonstrate that it was received.
A3. Fees, invoicing and payment
(a) The Member must pay the Membership Fee and Security Deposit stated in the Membership Schedule, together with the Setup Fee and other applicable charges stated in the Membership Fee Schedule or otherwise incurred under the Agreement. Recurring fees are payable in advance by the due date shown on the invoice. For a Virtual Office Membership, the Licensor may invoice these amounts only after compliance approval, and no Membership Fees accrue before the Membership starts under clause A2.
(b) Amounts are exclusive of GST unless stated otherwise. The Member must pay applicable GST at the same time as the underlying amount.
(c) The Member must maintain a valid payment method and any required direct debit authority. A third-party payment provider may process payments subject to its applicable terms and privacy policy.
(d) From 1 October 2026, Cubes.Co does not charge a transaction or credit card surcharge on Membership Fees. This does not prevent Cubes.Co charging a separately disclosed fee for an optional service that is not imposed because of the Member’s payment method.
(e) The Licensor may charge a $35.00+GST late-payment administration fee where an amount remains unpaid after its due date. If a payment is dishonoured or rejected, the Licensor may also recover the reasonable third-party and administration costs arising from that event, up to $35.00+GST. Interest may be charged on amounts remaining overdue at the rate stated in the Membership Schedule. The total charges must be reasonable and proportionate and must not result in the Licensor recovering the same loss or cost more than once.
(f) The Member must reimburse reasonable external debt recovery and legal costs actually incurred because of the Member’s failure to pay, to the extent permitted by law.
(g) The Membership Fee will not change during the Minimum Term unless the Membership Schedule expressly allows it or the change is required by law. The Licensor may change optional service and usage rates by giving at least 30 days’ notice. The Member may stop using the optional service before the new rate applies.
A4. Setup Fee
(a) Unless otherwise stated in the Membership Schedule, a one-off Setup Fee applies for each Authorised User included when the Membership begins or added during the Term.
(b) The applicable Setup Fee will be stated in the Membership Fee Schedule or Membership Schedule provided to the Member before the Agreement is entered into. A different fee or no fee may be agreed in the Membership Schedule, including any Special Terms.
(c) The Setup Fee covers the reasonable administration and operational work required to establish or update the Membership, including onboarding, access credentials, system configuration, workspace preparation and service activation where applicable.
(d) For a Virtual Office Membership, the Setup Fee applies to each Authorised User or contact requiring access to or setup of the Services. It does not apply merely because a person is identified for AML/CTF verification as a director, beneficial owner or controller.
(e) The Setup Fee is separate from the Membership Fee and Security Deposit and is payable before access or Services begin.
(f) The Setup Fee is not refundable once the Licensor has commenced the relevant setup work, except where the Licensor does not proceed with the Membership or a refund is otherwise required by law.
A5. Security Deposit
(a) Unless otherwise stated in the Membership Schedule, including any Special Terms, the Security Deposit is equal to two months’ Membership Fees excluding GST. It must be paid before access or Services begin. It is security for all amounts and obligations owed under the Agreement and is not a substitute for the final month’s fees.
(b) The Licensor may apply the Security Deposit to unpaid fees, loss, damage, cleaning, make-good costs or another amount properly payable under the Agreement. The Member must restore any amount applied during the Term within seven days of request.
(c) As soon as reasonably practicable after the Membership ends, the Member has vacated, all access credentials are returned and the account is reconciled, the Licensor will return the balance without interest and provide an itemised statement of deductions. Any shortfall remains payable by the Member.
A6. Community Guidelines, safety and conduct
(a) The Member and every person for whom the Member is responsible must comply with the Code of Conduct and Community Guidelines, Fair Use Policy, Internet Policy, reasonable safety and security directions and applicable laws.
(b) The Licensor may take reasonable and proportionate action in response to a breach, including giving a direction or warning, restricting access to an area or service, temporarily suspending access or terminating the Membership.
(c) The Licensor may immediately suspend access or terminate the Membership by written notice for a serious or material breach, conduct that creates or may reasonably create a health, safety, security, property or operational risk, aggression, threats, harassment, discrimination, unlawful conduct, unauthorised access, serious disruption, refusal to follow a lawful and reasonable direction, or a repeated breach after warning.
(d) For a breach that is not serious or urgent, the Licensor will ordinarily give written notice and a reasonable opportunity to remedy the breach before termination.
(e) The Licensor may temporarily suspend access without prior notice while promptly investigating a credible and immediate safety, security or serious misconduct concern. If the concern is not substantiated and the Member materially lost paid access, the Licensor will provide an appropriate extension or credit.
A7. Insurance, loss and indemnity
(a) Cubes.Co strongly recommends that the Member maintain insurance appropriate to its activities, property and potential liabilities. The Member remains responsible for identifying and meeting any insurance obligations that apply to its business, including workers compensation insurance where applicable. Evidence of insurance is required only where the Membership Schedule or applicable law expressly requires it.
(b) The Member indemnifies the Licensor and its Representatives against direct, reasonable and quantifiable loss, liability and third-party claims caused by the negligence, wilful misconduct or breach of the Agreement by the Member or a person for whom the Member is responsible.
(c) The indemnity is reduced to the extent that the loss was caused or contributed to by the Licensor or its Representatives and does not apply to a liability that cannot lawfully be excluded.
A8. Australian Consumer Law and liability
(a) Nothing in the Agreement excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.
(b) Where the law permits the Licensor to limit its liability for a failure to comply with a consumer guarantee relating to services, liability is limited, at the Licensor’s option, to supplying the services again or paying the reasonable cost of having the services supplied again.
(c) To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or loss of data, except where that loss arises from fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property rights or a liability that cannot be excluded.
(d) To the maximum extent permitted by law, the Licensor’s aggregate liability arising from the Agreement is limited to the Membership Fees paid or payable for the 12 months immediately before the event giving rise to the claim. This limit does not apply to personal injury or death caused by the Licensor’s negligence, fraud, wilful misconduct or another liability that cannot be limited.
A9. Privacy, identification and surveillance
(a) The Licensor handles personal information in accordance with applicable privacy law and the Cubes.Co Privacy Policy at https://cubes.co/privacy/. The Member must ensure it is authorised to provide personal information about its personnel, Guests and contacts.
(b) The Licensor may require identification and other information reasonably necessary for access control, billing, security, legal compliance and delivery of the Services. The Licensor may refuse or suspend Services until required verification is completed.
(c) CCTV and access-control systems may operate at a Location for safety, security, incident investigation and asset protection. Information will be handled in accordance with the Privacy Policy and applicable law.
(d) Operational and service communications form part of the Services. Marketing communications will only be sent where permitted by law and will include a way to unsubscribe. Unsubscribing from marketing does not stop essential service communications.
A10. Intellectual property, confidentiality and media
(a) Each party retains ownership of its intellectual property. The Member must not use Cubes.Co names, trade marks, content or materials without prior written consent, except to accurately identify its Home Location where the applicable Membership permits it.
(b) Each party must protect confidential information received from the other and may disclose it only to personnel and advisers who need it, with consent, or as required by law. This does not apply to information that is public other than through a breach.
(c) Cubes.Co may take general photographs or video of events and Common Areas after giving reasonable notice. Cubes.Co will obtain consent before using an image that deliberately features an identifiable Member or Authorised User in promotional material. Where reasonably practical, Members will be given an opportunity to avoid being photographed or recorded.
A11. Termination by Cubes.Co
(a) The Licensor may terminate the Membership immediately by written notice for a serious or material breach, insolvency, unlawful use, non-payment continuing for seven days after written demand, or conduct described in the immediate enforcement provisions of the Community Guidelines clause.
(b) For another breach capable of remedy, the Licensor may terminate if the Member does not remedy the breach within a reasonable period stated in a written notice.
(c) The Licensor may otherwise terminate the Membership by giving at least two full calendar months’ written notice ending on the last day of a calendar month. If termination takes effect before the end of the Minimum Term, the Licensor will refund any prepaid Membership Fees for the period after termination and return the Security Deposit, subject to any proper deductions under the Agreement.
(d) The Licensor may terminate for a genuine building, lease, safety or operational reason by giving at least 30 days’ written notice where reasonably practicable. The Licensor will refund prepaid Membership Fees for the period after termination and return the Security Deposit subject to proper deductions. Where practicable, it will offer a reasonably comparable alternative.
(e) Termination does not affect accrued rights. Clauses concerning payment, confidentiality, intellectual property, liability, indemnity, privacy, dispute resolution and make-good survive to the extent required to give them effect.
A12. Policies and changes
(a) The Policies form part of the Agreement. The Licensor may update them where reasonably necessary for safety, security, legal compliance, member experience or operation of the Locations.
(b) The Licensor will give reasonable notice of a material policy change. A policy update will not retrospectively change the Membership Fee, Minimum Term, Notice Period or another core commercial term in the Membership Schedule.
A13. Assignment and non-solicitation
(a) The Member must not assign, transfer, sublicense or share the Membership without the Licensor’s prior written consent, which will not be unreasonably withheld where the proposed assignee is suitable and completes required verification.
(b) The Licensor may assign the Agreement to a related body corporate or a purchaser or operator of the Location by giving notice, provided the assignee assumes the Licensor’s obligations and the assignment does not materially reduce the Member’s rights.
(c) During the Term and for six months after it ends, the Member must not directly solicit for employment a Cubes.Co employee with whom the Member had material dealings through the Membership. This does not prevent general recruitment advertising that is not targeted at Cubes.Co employees or the employment of a person who approaches the Member independently.
A14. Dispute resolution
(a) A party claiming a dispute must give written notice describing the issue and the outcome sought. Within ten Business Days, authorised representatives of both parties must meet or confer and attempt in good faith to resolve it.
(b) While a dispute is being addressed, both parties must continue performing undisputed obligations.
(c) This clause does not prevent urgent interlocutory relief, debt recovery for an undisputed amount, a complaint to a regulator or the exercise of a statutory right.
A15. General
(a) Notices may be given by email to the contact details in the Membership Schedule and are taken to be received on the next Business Day unless the sender receives a delivery failure notice.
(b) The Agreement may be signed electronically and in counterparts. A failure or delay to exercise a right is not a waiver. A waiver must be in writing.
(c) If a provision is invalid or unenforceable, it is read down to the minimum extent necessary or severed, without affecting the remaining provisions.
(d) The Agreement is governed by the law of the state or territory in which the Home Location is situated. The parties submit to the courts of that jurisdiction, subject to any mandatory right to bring a proceeding elsewhere.
(e) The Agreement contains the entire agreement about the Membership and replaces earlier representations on the same subject, except for a representation or right that cannot lawfully be excluded.
Part B: Workspace Terms
This Part B applies to every Membership other than a Virtual Office Membership.
B1. Access, opening hours and service interruptions
(a) Access rights, permitted users and access hours are stated in the Membership Schedule and remain subject to building access arrangements. Trading Hours are ordinarily 9.00 am to 5.00 pm on Business Days unless the Location advises otherwise.
(b) The Happiness Team may not be onsite outside Trading Hours, on public holidays or during a notified end-of-year and New Year closure period. If the Membership includes after-hours access, that access will continue during an unstaffed period where the building and safety arrangements permit. Membership Fees for an ongoing Membership are calculated having regard to this annual closure and will not be reduced, refunded or credited because of the closure. The closure does not pause or extend the Term. This does not apply to a separately booked service that the Licensor cancels or is unable to provide and does not exclude any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
(c) Access credentials remain the Licensor’s property. They must not be shared, copied or used by an unauthorised person. Lost or replacement credentials may be charged at the disclosed replacement rate.
(d) The Licensor may reasonably change access arrangements, temporarily close an area, relocate the Member or interrupt a Service for an emergency, safety or security concern, building works, repairs, events, legal compliance or circumstances outside its reasonable control.
(e) Where a planned change will materially affect the Member, the Licensor will give reasonable notice and, where reasonably practicable, provide a comparable alternative. If a material part of the paid Services is unavailable for a sustained period for reasons within the Licensor’s control and no reasonable alternative is provided, the Licensor will provide an appropriate credit or refund for the affected period.
B2. Bookings, meeting rooms and additional services
(a) Meeting rooms, Day Offices, Hot Desks, lockers, parking, bike storage and other additional services are subject to availability, the Membership Schedule, applicable booking rules and the Membership Fee Schedule or rates displayed when booked.
(b) A booking cancelled less than 24 hours before its start time may be charged in full and any allocated credit may be forfeited. A cancellation must be made through the booking system or another method accepted by the Location.
(c) If a booking exceeds its booked time, capacity or included allowance, the Member must pay the applicable additional rate.
(d) Credits and included days expire at the end of the applicable calendar month unless the Membership Schedule expressly states otherwise. They are not transferable, refundable or redeemable for cash.
B3. Guests and authorised users
(a) Only authorised users recorded against the Membership may use member work areas or included access. A Membership, allocated day or access credential must not be shared.
(b) Guests may attend booked meetings and use Common Areas immediately before or after the meeting. A Guest may not work from a member area unless a Guest Pass or other access has been approved and paid for.
(c) The Member is responsible for the conduct of its authorised users, employees, contractors, clients, invitees and Guests and must ensure they comply with the Agreement and Policies.
B4. Property, condition and alterations
(a) The Member brings property into the Location at its own risk and should maintain appropriate contents insurance. The Licensor is not responsible for loss or damage except to the extent caused by the Licensor’s negligence, wilful misconduct or another liability that cannot be excluded.
(b) The Member must not remove Cubes.Co property, attach signage, alter, redecorate or install equipment in a workspace without prior written approval.
(c) At the end of the Membership, the Member must remove its property and rubbish, return access credentials and leave any workspace clean and tidy, allowing for fair wear and tear. The Licensor may remove, store or dispose of property left behind after reasonable notice and charge the reasonable cost.
Part C: Private Office Memberships
This Part C applies only to a Private Office Membership.
C1. Private Office
(a) The Member may use the Private Office identified in the Membership Schedule up to its stated capacity, together with the included access and Services.
(b) The Private Office is provided under a licence. The Licensor retains possession and control of the Location and the access rights stated in the Agreement.
(c) The Member must not exceed the office capacity or permit an unauthorised person to routinely work from the office. Additional users may be charged at the rate stated in the Membership Schedule or prevailing published rate.
(d) The Licensor may relocate the Member for a genuine building, safety, maintenance or operational reason. Except in an emergency, it will give reasonable notice and provide a reasonably comparable office at the Home Location or another location accepted by the Member.
C2. Exit Reset Fee and make-good
(a) When the Member vacates after continuously occupying the Private Office for more than six months, Cubes.Co will complete its standard Exit Reset and the Member must pay the Exit Reset Fee. The Exit Reset Fee is a standard service charge under this Agreement and must be shown in the Membership Schedule, Membership Fee Schedule or these Terms and Conditions provided to the Member before the Agreement is entered into.
(b) Unless a different amount is stated in the Membership Schedule or Membership Fee Schedule, the Exit Reset Fee is the greater of $500.00+GST or $45.00+GST per square metre of the Private Office.
(c) The Exit Reset includes the standard professional cleaning and preparation Cubes.Co undertakes to return the Private Office to a clean, presentable and re-lettable condition. This may include carpet steam cleaning and cleaning of chairs, blinds, internal surfaces, supplied furnishings and standard fixtures.
(d) Before vacating, the Member must remove its property and rubbish, return all access credentials and reinstate any approved alterations unless Cubes.Co agrees otherwise in writing. The Exit Reset Fee does not cover damage exceeding fair wear and tear, removal or storage of property, excessive or specialist cleaning, reinstatement of alterations or other additional make-good work required because of the Member’s use or breach of this Agreement. Cubes.Co may separately recover the reasonable cost of that work and will provide an itemised statement and, where reasonably available, supporting invoices, quotations or other evidence.
(e) Cubes.Co will not charge the Member twice for the same cleaning, repair or make-good work. For occupancy of six months or less, the Exit Reset Fee does not apply, but the Member remains responsible for reasonable cleaning, damage and make-good costs arising from its use or failure to comply with the Agreement.
(f) Cubes.Co may deduct the Exit Reset Fee and any additional make-good costs from the Security Deposit and will provide an itemised statement of the deductions. Any shortfall is payable under the final invoice, and any remaining balance of the Security Deposit will be returned in accordance with this Agreement.
Part D: Dedicated Desk Memberships
This Part D applies only to a Dedicated Desk Membership.
D1. Dedicated Desk
(a) The Member may use the allocated desk identified in the Membership Schedule together with the included access and Services. The desk remains part of a shared workspace and does not give the Member exclusive possession of any part of the Location.
(b) Only authorised users listed against the Membership may use the desk. The desk and access credentials must not be shared, sublicensed or made available to another person.
(c) The Member must keep the desk and any allocated storage clean, safe and suitable for a professional shared environment. Items must not obstruct access, create a hazard or extend beyond the allocated area.
(d) Cubes.Co may relocate the desk for a genuine operational, safety or building reason. Except in an emergency, it will give reasonable notice and provide a reasonably comparable desk at the Home Location.
Part E: Coworking, Hot Desk, Day Office and Jolimont Business Lounge Memberships
This Part E applies only to a Coworking, Hot Desk, Day Office or Jolimont Business Lounge Membership.
E1. Membership options
(a) The Membership Schedule identifies whether the Member has a Coworking Membership, Hot Desk Membership, Day Office Membership or Jolimont Business Lounge Membership and records the included days, Home Location, network access, permitted users and other inclusions.
(b) A Coworking Membership provides access to the Business Lounge or another nominated shared work area. A Hot Desk Membership provides access to an available shared desk. A Day Office Membership provides access to an available office for the booked day and up to the stated capacity. A Jolimont Business Lounge Membership provides the access and benefits described in clause E2.
(c) Use is subject to booking requirements and availability. Cubes.Co will use reasonable efforts to provide the purchased service at the Home Location. If it cannot, it may offer a comparable alternative at that Location or another nearby Location.
(d) Allocated days are non-transferable, expire at the end of each calendar month and do not carry forward unless the Membership Schedule states otherwise. Excess use will be charged at the rate displayed when booked or the prevailing member rate.
(e) Network access and any minimum Home Location usage requirement apply only if stated in the Membership Schedule.
E2. Jolimont Business Lounge Members only
(a) Where the Membership Schedule identifies the Membership as a Jolimont Business Lounge Membership, the Member may access the Cubes.Co Business Lounge areas located on Levels 2 and 3 of Jolimont House, East Melbourne.
(b) Access is available Monday to Friday between 9.00 am and 5.00 pm, excluding public holidays and any notified end-of-year and New Year closure, unless otherwise advised by Cubes.Co. Access is non-transferable and subject to availability, this Agreement, the Code of Conduct and Community Guidelines and the Fair Use Policy.
(c) Unless different Special Terms are stated in the Membership Schedule, the Minimum Term is six months. The notice and month-to-month continuation provisions in clause A2 apply at and after the end of the Minimum Term.
(d) The Membership includes five Day Passes per calendar month for use by the Member at another participating Cubes.Co Location that offers suitable coworking access. Each Day Pass must be booked in advance, is subject to availability and the host Location’s Trading Hours and access arrangements, may only be used by the Member, is non-transferable, expires at the end of the applicable calendar month, does not roll over and has no cash value.
(e) A Day Pass provides access for one Business Day to the shared coworking or Business Lounge area made available by the relevant Location. It does not provide a Hot Desk, Dedicated Desk, Private Office, Meeting Room or after-hours access unless expressly confirmed by Cubes.Co.
(f) The Member may be eligible to access facilities operated independently by Gate 8 or another third party, including areas of Jolimont House outside the Cubes.Co premises and the Balance 168 Gym. Access is not guaranteed by Cubes.Co and may require the Member to satisfy the operator’s eligibility requirements and enter into a separate agreement or waiver.
(g) Access to a third-party facility is subject to the relevant operator’s availability, operating hours, terms, conditions, policies, rules and waivers. Any agreement relating to that facility is entered into directly between the Member and the relevant operator.
(h) Cubes.Co does not own, operate, supervise or manage a third-party facility and does not control its availability, services, equipment, activities or access decisions. To the extent permitted by law, Cubes.Co is not responsible for loss, damage or injury arising from the Member’s use of a third-party facility. Nothing in this paragraph excludes liability that cannot lawfully be excluded.
(i) Unless expressly included in the Membership Schedule, the Membership does not include a Hot Desk, Dedicated Desk or Private Office; Virtual Office services, mail handling or use of a registered business address; unlimited or ongoing access to coworking or Business Lounge areas at other Cubes.Co Locations beyond the five monthly Day Passes; printing or photocopying allowances; Meeting Room credits; lockers; parking; or any other Cubes.Co product or service not expressly included.
(j) Meeting Rooms may be booked, where available, at the applicable Member rate. Invitations to Member events and access to Member promotions may be provided where applicable, subject to availability, and are not guaranteed inclusions unless stated in the Membership Schedule.
Part F: Virtual Office Memberships
This Part F applies only to a Virtual Office Membership.
F1. Virtual Office Services
(a) The Membership Schedule identifies the Virtual Office product, Home Location, approved business address, mail services, telephone services, access entitlements and other inclusions.
(b) The Member may use the approved address only for the purposes included in the Membership Schedule and only while the Membership remains active. Use as a registered office, principal place of business, Google Business Profile address or for a licence or regulatory registration is permitted only where expressly approved and legally available.
(c) Cubes.Co does not guarantee that a regulator, bank, platform or third party will accept or verify the address. An unsuccessful Google Business Profile or similar verification does not, by itself, entitle the Member to a refund or credit. Assistance outside the included Services may be charged at the disclosed administration rate.
(d) The Member must not represent that it owns, leases, exclusively occupies or is physically staffed at the Location unless that statement is accurate and approved in writing.
F2. Identity verification and Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) compliance
(a) Where the Services are designated services under applicable Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws, the Licensor may be required to comply with obligations including customer due diligence, ongoing monitoring, record keeping and regulatory reporting.
(b) The Member must complete the required identity and compliance verification when signing the Membership Schedule. Signing the Agreement does not activate the Membership or permit use of the Services or approved address. Cubes.Co will not activate the Membership or issue an invoice until the required customer due diligence has been completed and approved by its Compliance Officer. During the Term, the Member must promptly provide information and documents reasonably requested to verify the Member’s identity and legal existence, beneficial owners, controllers and authorised representatives, the nature and purpose of its business and use of the Services, its registered office and principal place of business, and any other matter reasonably required under applicable law or the Licensor’s AML/CTF program. This may include information about source of funds or wealth where reasonably required.
(c) The Member warrants that all information supplied is complete, current and accurate and must promptly notify the Licensor of a change to its ownership, control, authorised representatives, business activities, contact details or intended use of the Services.
(d) The Licensor may verify information, conduct sanctions and politically exposed person screening, undertake ongoing customer due diligence and use approved third-party service providers for these purposes.
(e) The Licensor may delay, refuse, restrict, suspend or terminate Services where required or permitted by law, required customer due diligence has not been completed, requested information has not been provided, information supplied is false, misleading or materially incomplete, the Licensor reasonably suspects fraud, unlawful conduct, misuse of the address or a material money laundering, terrorism financing or proliferation financing risk, or continuing the Services would be inconsistent with the Licensor’s AML/CTF program or legal obligations.
(f) The Licensor may make reports or disclosures to AUSTRAC, law enforcement or another competent authority where required or permitted by law. The Licensor may be prohibited from informing the Member that a report or disclosure has been made.
(g) Personal information collected under this clause will be handled in accordance with applicable privacy law, the Privacy Policy and applicable legal record-keeping obligations.
F3. Mail and deliveries
(a) Mail handling will follow the instructions and inclusions in the Membership Schedule. Cubes.Co may receive ordinary mail and suitable parcels addressed to the Member at the approved address but is not the Member’s agent for service of legal process unless expressly agreed in writing.
(b) Cubes.Co may refuse or return cash, dangerous, illegal, perishable, oversized, inadequately addressed or unreasonable items. Cubes.Co is not responsible for a carrier’s delay, loss or error.
(c) Cubes.Co will notify the nominated contact when an item is ready for collection where that service is included. Storage charges may apply after the free holding period stated in the Membership Schedule or published service rates.
(d) Mail forwarding, scanning, storage, courier arrangements and stationery are charged at the rates stated in the Membership Schedule, Membership Fee Schedule or rates displayed when the service is requested. Cubes.Co will only open or scan mail under the Member’s written authority.
(e) The Member must maintain current instructions and collect or arrange delivery of mail promptly. When the Membership ends, the Member must immediately stop representing the Location as its current address and, no later than 10 Business Days after termination unless the law requires earlier action, update or remove the Location from ASIC, the Australian Business Register, Google Business Profile, licences, websites, stationery and other public or regulatory records. The Member must provide reasonable evidence of those updates if requested. Cubes.Co may return mail to sender or handle it in accordance with written transition arrangements and applicable law. Ongoing handling or unauthorised address use may incur the reasonable fees disclosed by Cubes.Co.
(f) Cubes.Co may close onsite mail and administrative services during a notified end-of-year and New Year closure. Mail will be securely held and processed within a reasonable period after reopening. Ongoing Membership Fees are not reduced, refunded or credited and the Term is not paused or extended. Separately booked services cancelled or not provided by Cubes.Co remain subject to applicable refund rights. This clause is subject to the Australian Consumer Law.
F4. Telephone and workplace access services
(a) Telephone answering, dedicated numbers, messages, contacts, call allowances, coworking days, Hot Desk days, Day Office days and meeting room rates apply only if stated in the Membership Schedule.
(b) Included usage is non-transferable and expires at the end of each calendar month unless the Membership Schedule states otherwise. Excess calls, additional contacts, setup changes and additional workplace usage may be charged at the disclosed rate.
(c) Workplace access and bookings are subject to availability, the capacity of the booked space, applicable booking rules and the Community Guidelines. Included access does not create a right to occupy or use the address outside a valid booking.
Part G: Casual Bookings
This Part G applies only to a Casual User.
G1. Application
(a) A person or entity who books or purchases a Day Pass, Meeting Room, Day Office, Hot Desk or other casual workspace service without holding a Membership (Casual User) agrees to these Terms and Conditions by completing the booking, making payment or entering a Location under that booking.
(b) For a Casual User, the Agreement consists of the booking confirmation, the rates and booking conditions displayed at the time of booking, this Part G, the clauses listed in paragraph (c) and the Policies. If there is an inconsistency, the booking confirmation prevails to the extent of that inconsistency.
(c) Clauses A1, A6, A7, A8, A9, A10, A12, A14 and A15 and Part B (other than clause B2(b)) apply to a Casual User. In those clauses, a reference to the Member is a reference to the Casual User, a reference to the Membership or the Term is a reference to the booking and its booked period, and a reference to the Membership Schedule is a reference to the booking confirmation.
(d) Clauses A2, A3, A4, A5, A11 and A13 and Parts C to F do not apply to a Casual User. A Casual User does not hold a Membership and is not entitled to Membership inclusions, rates or benefits unless they are expressly offered at the time of booking.
G2. Bookings and payment
(a) Casual bookings are subject to availability and must be made through the Cubes.Co booking system or website, or another method accepted by the Location.
(b) The price of a casual booking is the price displayed at the time of booking. Unless the Location agrees otherwise, payment must be made in full when the booking is made.
(c) A Setup Fee or Security Deposit does not apply to a casual booking unless it is stated at the time of booking.
(d) If the Casual User exceeds the booked time, capacity or inclusions, the Casual User must pay the applicable additional rate displayed at the time of booking or the prevailing casual rate.
G3. Cancellations and changes
(a) Cubes.Co sets cancellation and change policies for casual bookings, which may differ by Location and type of booking. The policy that applies to a booking is displayed at the time of booking and forms part of the Agreement for that booking.
(b) Cancellation fees, changes and refunds are applied in accordance with that policy, subject to the Australian Consumer Law.
(c) If Cubes.Co cancels a booking or is unable to provide the booked space, and the Casual User does not accept a reasonable alternative, Cubes.Co will refund the amount paid for the affected booking.
G4. Use of the space
(a) On arrival, the Casual User must check in with the Happiness Team or follow the check-in process notified for the Location.
(b) The Casual User must use the booked space only for lawful and professional business purposes, within its stated capacity and for the booked period.
(c) The Casual User must leave the booked space in the condition in which it was provided, including removing all belongings and materials and cleaning any whiteboards. A reasonable cleaning or administration fee may be charged if additional cleaning or reinstatement is required.
(d) A person who uses workspace at a Location without a valid booking, Membership or approved check-in may be charged the applicable casual rate for that use.
G5. Cancellation of a booking by Cubes.Co
(a) Cubes.Co may cancel a booking, refuse entry or require a Casual User or its Guests to leave a Location if the Casual User or a person for whom it is responsible breaches the Agreement or the Policies, behaves in an unsafe, unlawful or unprofessional manner, or presents a risk to people or property.
(b) If a booking is cancelled under paragraph (a), no refund is payable except where required by the Australian Consumer Law.
Part H: Definitions
In these Terms and Conditions, the following terms have the meanings set out below.
Agreement means the Membership Schedule, the Membership Fee Schedule, these Terms and Conditions and the Policies.
Approved Address means the business address stated in the Membership Schedule that the Member is permitted to use for the approved purposes.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Authorised User means a person approved by the Licensor and recorded against the Membership to access the workspace or Services, excluding a Guest or a person identified only for identity or compliance verification.
Business Day means a day other than a Saturday, Sunday or public holiday at the Home Location.
Business Lounge means an open-plan shared work area designated by Cubes.Co. It is the name of a physical area and not, by itself, a Membership product. The Jolimont Business Lounge Membership is a separate East Melbourne Membership product.
Casual User means a person or entity described in clause G1(a).
Common Areas means shared kitchens, reception, waiting and circulation areas designated for common use.
Coworking Membership means the membership formerly called Business Lounge Membership, providing access to a Business Lounge or nominated shared work area as stated in the Membership Schedule.
Cubes.Co means the Cubes.Co brand. The contracting party is the Licensor identified in the Membership Schedule.
Day Office means an office made available for use for a booked day, subject to capacity and availability.
Day Pass means a non-transferable entitlement for the named Member or Casual User to use approved shared workspace at a participating Cubes.Co Location for one Business Day, subject to booking, availability and access rules.
Dedicated Desk means the desk allocated to the Member in a shared work area, as identified in the Membership Schedule.
Exit Reset Fee means the fee payable under clause C2 after more than six months’ continuous occupancy.
Guest means a person invited to a Location by the Member or an authorised user.
Happiness Team means the Cubes.Co team responsible for the day-to-day operation of a Location.
Home Location means the Location identified in the Membership Schedule.
Hot Desk means an unassigned desk made available for a booked period, subject to availability.
Jolimont Business Lounge Membership means the East Melbourne Membership product described in clause E2 and the Membership Schedule.
Licensor means the legal entity identified as licensor or service provider in the Membership Schedule, including its permitted successors and assigns.
Location means a Cubes.Co location operated or controlled by the Licensor.
Member means the person or entity identified as the member or customer in the Membership Schedule.
Membership Fee means the recurring fee stated in the Membership Schedule, as varied in accordance with the Agreement.
Membership Fee Schedule means the location-specific Schedule of Costs provided or made available to the Member before the Agreement is entered into, setting out applicable Setup Fees and optional service and usage charges.
Membership Schedule means the OfficeRnD proposal, licence or membership agreement accepted by the Member that records the commercial terms of the Membership.
Minimum Term means the minimum commitment stated in the Membership Schedule.
Notice Period means the notice required to end the Membership, as stated in the Membership Schedule or these Terms and Conditions.
Policies means the Code of Conduct and Community Guidelines, Fair Use Policy, Internet Policy, Privacy Policy and reasonable Location rules notified to the Member.
Private Office means the enclosed office allocated to the Member in the Membership Schedule.
Representatives means a party’s directors, officers, employees, contractors, consultants and agents.
Security Deposit means the security deposit stated in the Membership Schedule.
Services means the services and access included in the Membership Schedule and any additional services purchased by the Member.
Setup Fee means the one-off per-person fee described in clause A4 and stated in the Membership Fee Schedule or Membership Schedule.
Special Terms means any additional or varied terms expressly stated in the Membership Schedule.
Start Date means the commencement date stated in the Membership Schedule.
Term means the Minimum Term and any valid continuation or renewal.
Trading Hours means the staffed operating hours notified for a Location.
Virtual Office Membership means the business address, mail, telephone or related service package stated in the Membership Schedule.