Terms & Conditions
1. Overview
Use of the Coworking South Australia (“CoworkingSA”) website and its content is subject to the following terms and conditions (“Terms of Use”). By accessing or using the website, you acknowledge, accept and agree to be bound by these Terms of Use and CoworkingSA’s Privacy Policy.
2. Disclaimer
The information on the CoworkingSA website may not be accurate, exhaustive or up to date in all instances at all times. CoworkingSA does not warrant the quality, accuracy, reliability or completeness of any information on the CoworkingSA website, or these Terms of Use, either express or implied. CoworkingSA makes no representations, warranties or guarantees, either express or implied:
- that access to the CoworkingSA website will be available, uninterrupted or without delay;
- in respect of the performance of the CoworkingSA website;
- in respect of the content of the CoworkingSA website; or
- that the CoworkingSA website, email or any of the material contained therein is free of viruses or other defects, interference or interception or is error or omission free.
The CoworkingSA website may contain links or other references to third party websites for convenience only. CoworkingSA:
- cannot control the content of those other website and therefore is not responsible for those other websites;
- does not endorse, approve or sponsor any content, material, product or service on those websites; and
- makes no representations or warranties whatsoever, either express or implied, regarding them.
CoworkingSA expressly disclaims any liability whatsoever for or in respect of the content of, or the results of using, the CoworkingSA website and the content of any third party websites to which the CoworkingSA website links.
In no event will CoworkingSA be liable to you or any other party, directly or indirectly, for any loss, damage, cost or expense whatsoever including, without limitation, any loss of profits, business interruption, loss of data, information being obtained by others or otherwise:
- arising from any use of the CoworkingSA website, or any content, information, products, services or materials contained in it;
- arising from any use of a third party website to which the CoworkingSA website links, or any content, information, products, services or materials contained in it;
- for any inadequate, late or missing information or services;
- resulting from reliance on any of the above; or
- resulting from negligence, misrepresentation, omission, default or otherwise howsoever caused.
3. Privacy Policy
Personal information is handled in accordance with CoworkingSA’s Privacy Policy.
4. Reliance
No information, services, products or materials provided or contained in the CoworkingSA website is intended to constitute legal, professional or other expert advice and you agree and acknowledge that reliance on any such information, services, products or materials is at your sole risk. CoworkingSA therefore disclaims all liability and responsibility arising from any reliance placed on such information, services, products or materials by any person. You should seek appropriate legal advice from a qualified legal practitioner about any legal issues.
5. Intellectual Property
All intellectual property rights (including but not limited to rights relating to copyright, future copyright, trade marks, logos, designs and patents) in the CoworkingSA website and the information and other material appearing on or contained in the CoworkingSA website are vested in CoworkingSA except where those rights are vested in another person, body, corporation or other legal entity.
No part of material covered by copyright should be copied or reproduced in any form or by any means without the written permission of the owner of the copyright material.
6. Trade Marks
The CoworkingSA name and logo on the CoworkingSA website and the domain name are trade marks owned by CoworkingSA. You agree not to use, reproduce, publish, modify or distribute any CoworkingSA trademarks,
logos or designs contained on the CoworkingSA website without first obtaining the prior written consent of CoworkingSA.
7. Uses
You agree:
- that any information posted or supplied by you to the CoworkingSA website will not:
- be obscene, threatening, harassing, hateful, defamatory, misleading or promote violence;
- be in breach of copyright, anti-discrimination, privacy or other legislation;
- be confidential or commercially sensitive unless you own all rights to the content of that information;
- give the impression that the information or communication come from CoworkingSA, if that is not the case;
- to accept responsibility for any incorrect information posted or supplied by you to the CoworkingSA website;
- to be courteous and respectful of all persons and users of the CoworkingSA website, and their opinions;
- not to misuse the CoworkingSA website by knowingly introducing viruses or other malicious or harmful programs or technology or by using devices, processes or software (of any nature) which may interfere with the functionality of the CoworkingSA website or any process conducted on or through the CoworkingSA website;
- not to gain unauthorised access, in any way whatsoever, to the CoworkingSA website, our servers, computers or any CoworkingSA database;
- not to use the CoworkingSA website in any manner that hinders or prevents access to or use of the CoworkingSA website by CoworkingSA or other users;
- not to use contact information or other information contained in the CoworkingSA website about a person or other entity, to send unsolicited communications to them, in any form;
- not to use the CoworkingSA website for any unlawful or fraudulent purpose or activity or in any way which violates CoworkingSA’s rights or that is prohibited by these Terms of Use or for the purpose of harming any person in any way.
Without receiving the prior written consent of CoworkingSA, you agree not to:
- reproduce, duplicate, accumulate, compile, decompile, disseminate, sell or extract, in any form, any part of the CoworkingSA website or any information on the CoworkingSA website;
- create a link to the CoworkingSA website from another website;
- store or incorporate any information from the CoworkingSA website in any other website, database, publication or other work; or
- use the CoworkingSA website other than as permitted by these Terms of Use.
8. Amendments to the CoworkingSA website
The CoworkingSA website is subject to change at any time at the discretion of CoworkingSA without prior notice. You may not alter, change, modify or adapt the CoworkingSA website or any content of the CoworkingSA website.
9. Security
CoworkingSA takes all reasonable steps to:
- maintain the security of information provided by you but does not accept responsibility for breaches of security or unauthorised access resulting from disclosure of your login details (if any) and you are responsible for maintaining the confidentiality of your login details, usernames, passwords and similar information;
- ensure that the CoworkingSA website and services are virus free, however you agree to take your own precautions to ensure that when accessing the CoworkingSA website, you are not exposed to the risk of viruses or malicious computer interference which may damage computer systems.
CoworkingSA does not ensure or warrant the security of any information you provide to us, and you do so at your own risk.
10. Grant of licence
Please note that if any of the information or material on the CoworkingSA website is posted or supplied by you, that information or material will be deemed not to be confidential and by providing such information and material, you grant to CoworkingSA an unrestricted irrevocable licence to use, reproduce, display, transmit and distribute that information and material.
11. Indemnity
You indemnify CoworkingSA, its directors, officers, agents, employees and contractors against any loss, damage, cost or expense whatsoever including, without limitation, any loss of profits, business interruption, loss of data, information being obtained by others or otherwise, howsoever caused, arising from any use of the CoworkingSA website or any breach by you of these Terms of Use, or in respect of the use of any information, products, services or materials contained in the CoworkingSA website or reliance on any of them.
12. Reservation of right
To preserve the good name and reputation of CoworkingSA and persons who use the CoworkingSA website, CoworkingSA reserves the right at any time, at our discretion, for any reason whatsoever, to:
- refuse any person service or access to the CoworkingSA website;
- suspend or cancel accounts of users of the CoworkingSA website; and
- remove material, information or other publications from the CoworkingSA website.
13. General
Payments: If any payment for services, products, memberships or other materials is required, such payment must be made in accordance with the terms set out by CoworkingSA in a separate arrangement or agreement.
Cookies: We may install cookies on your computer but they will be for the purpose of providing you with a more complete experience as you use the CoworkingSA website.
Indirect or consequential loss: CoworkingSA is not liable for any indirect or consequential loss of any kind (including loss of profit) howsoever arising from the breach or non-performance of any obligations under these Terms of Use, even if it has been specifically advised of the risk of that indirect or consequential loss.
Waiver and Exercise of rights: Waiver of any of these Terms of Use must be in writing and signed by CoworkingSA. Failure to exercise or enforce any right does not constitute a waiver of such right. A single exercise of a power or right does not preclude any other exercise of it or the exercise of any other power or right.
Severability: If any of the provisions of these Terms of Use become invalid, void or unenforceable, then such provision is to be construed as severed and the remainder of the provisions will continue in full force and effect.
Entire agreement: These Terms of Use constitute the entire agreement between CoworkingSA and you and all previous understandings, agreements and negotiations or oral representations or modifications cease to have effect.
Governing law: The laws of South Australia govern these Terms of Use.
14. Definition
In these Terms of Use “CoworkingSA” means Coworking South Australia ABN 21270318703
Privacy Policy
1. Overview
The Privacy Act 1988 (Cth) and the Australian Privacy Principles set out in that Act govern the way in which we must manage your personal information. At CoworkingSA, your privacy is a priority and we are committed to ensuring your personal information is protected.
CoworkingSA does not disclose personal information about you except as mentioned below. CoworkingSA does not collect personally identifiable information about you, except when it is knowingly provided by you. CoworkingSA’s policy in respect of its management of your personal information is set out in this Privacy Policy.
2. Collection
The types of personal information we collect about you:
- will depend on what services, products, programs or memberships you use, acquire or are involved in;
- includes information that can identify you and which may include your name, contact details, address, telephone and mobile number, email address, fax number, business locations, areas of specialisation or interest, associations or organisations that you may be a member of, other contact details and other information relevant to providing you with the services, products, programs or memberships you require, or any other information you choose to provide us with.
We will not collect sensitive information concerning you unless you have consented or it is required by law.
3. Purpose of collection
CoworkingSA collects personal information:
- to provide services, products, programs, memberships or benefits to you;
- to process any application, registration, membership, or comment or request you make;
- to provide you with promotional information or information about other services that we, or other organisations that we are affiliated with, may offer, that you may be interested in;
- to identify, establish and provide other services or benefits;
- to assist us in carrying on our business operations;
- to better service your relationship with us;
- to analyse our services, products, programs or memberships and client needs with a view to developing new or improved services, products, programs, memberships or benefits and marketing them;
- for subscriptions, entry into competitions, participation in surveys or similar activities;
- to act as your agent if you request us to do so;
- for the purposes of providing commercial or education services or benefits;
- for undertaking any activity required by law.
4. Methods of collection
CoworkingSA only collects personal information by fair, lawful and non-intrusive means and information will generally be collected directly:
- by contact with you, personal or online;
- from the information provided by you to us;
- through membership registrations;
- through program applications;
- from our standard forms;
- from online profiles;
- from communications and discussions with you and your employees, related companies or your representatives;
- from sources available publicly; and
- when required by law to do so.
There may, however, be some instances where personal information will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. Normally you will receive notification about these instances in advance, or where it is not possible to do so, as soon as reasonably practicable after the information has been collected.
5. Failure to provide information
Unless required by law, you can choose not to provide personal information. You can also choose not to identify yourself when dealing with CoworkingSA. However, if personal information is not provided or you do not identify yourself or if the information is incomplete or inaccurate at any time, CoworkingSA may not be able to effectively provide certain services, products, programs, memberships, benefits, access or information you require.
6. Use and disclosure
CoworkingSA uses personal information for the purposes for which it is collected and directly related purposes and in the normal business operation and marketing. We may also use this information to send information about CoworkingSA or information from our members and associates.
Our events may be recorded to enable improvements to be made and for promotional purposes.
CoworkingSA may also disclose personal information to the following persons or organisations (who may not be required to comply with our Privacy Policy):
- to service providers, information systems and technology organisations or other contractors who assist us in operating and managing our business or performing functions on our behalf such as marketing programs and client services and we will request that they not use your personal information for any other purpose unless you agree;
- to other service providers or our related entities, our associates or other affiliated organisations who provide various products or services or information that you may have requested or we have arranged or that may be of interest to you;
- mailing houses, printers and courier services;
- marketing organisations and market research companies;
- event organisers, participants, speakers, facilitators, sponsors and potential sponsors (to enable assessment of whether to sponsor an event or participate in our activities);
- advertising organisations and sound and image recording organisations;
- education providers; mentors, and consultants;
- our legal, accounting, financial or other professional advisors;
- social media platforms;
- international organisations with which we have agreements or arrangements;
- if required by law or to protect our rights, safety or property.
In addition, any person who is a participant in a program, membership or other similar activity, may have their name and contact information published on the CoworkingSA website, the CoworkingSA program database, the membership
database and any other CoworkingSA publications.
Personal information entered into the CoworkingSA database will not be used or disclosed by us, other than as authorized by you or as set out in this Privacy Policy.
7. Non-disclosure of personal information
If you do not want your personal information to be disclosed CoworkingSA will endeavour to accommodate this request if that disclosure is not required by law. However, if your personal information is not disclosed, CoworkingSA may not be able to effectively provide certain services, products, programs, memberships, benefits, access or information you require.
8. Data quality and security
The security of your personal information is important to us. We take all reasonable steps to ensure that:
- the personal information we collect, use or disclose is accurate, complete and up-to-date; and
- your personal information is stored safely and protected from misuse, interference, loss, unauthorised access, modification or disclosure.
Access to your personal information is restricted to persons, employees, associates and third party providers who need to know that information in order to deliver our services, products, programs, memberships and benefits.
Please be aware that no data transmission over the internet can be guaranteed to be totally secure. As a result, while we strive to protect your personal information and make our best effort to ensure its security on our systems, CoworkingSA cannot ensure or warrant the security of any information you provide to us, and you do so at your own risk.
CoworkingSA will take reasonable steps to destroy or de-identify personal information in the event that it is no longer needed for any purpose for which the information may be used or disclosed.
9. Links to other websites
Links to other sites may be provided for convenience and CoworkingSA does not endorse any linked website. CoworkingSA is not responsible for the privacy practices or the content of any linked websites and therefore linked websites are not subject to our Privacy Policy or procedures. You are encouraged to read the privacy policy of any linked site.
10. How to Opt-out
You may opt-out of receiving optional information from us or our service providers or associates at any time by notifying us by following the opt out instructions on the message we have sent to you or by sending an email to us.
11. Changes to our Privacy Policy
Our Privacy Policy may change from time to time at our discretion, however, if fundamental changes are made to the way that we use your personal information, then we will undertake to notify you via email or notice on our website and await consent from you for the changes.
12. Access and contact
You may access the personal information we hold about you by making a written request to us. We will ask that you satisfy identity validation procedures to prove that you and the individual requesting the personal information are one and the same. We may decline a request for access to personal information where we are required by law to do so. If, at any time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
13. Complaints
If you believe that we have breached your privacy rights in any way or wish to discuss any issues about our Privacy Policy or the way in which we handle your personal information, please contact us and we will try to satisfy any questions you may have and correct any errors. If you still think your concern has not been satisfied, you have the right to make a complaint to the Office of the Australian Information Commissioner at 1300 363 992.
14. Definition
In this Privacy Policy “CoworkingSA” means Coworking South Australia.