Terms of Use
Welcome to O3!
This agreement governs your use of the O3 Platform (Platform), your access to O3’s physical venues in Australia and New Zealand, and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and the O3 entity that bills your Membership, as named on your invoices and receipts, being: (a) O3 PLATFORMS PTY LTD ABN 83 680 939 253, which bills Memberships in Australian dollars, other than the Legacy Memberships referred to in paragraph (b); or (b) O3 PLATFORMS LIMITED (company number 9276208), a company incorporated in New Zealand, which bills Memberships in New Zealand dollars and certain Legacy Memberships in Australian dollars. Where you do not hold a paid Membership, the relevant O3 entity is O3 PLATFORMS PTY LTD if you primarily use a Venue located in Australia, and O3 PLATFORMS LIMITED if you primarily use a Venue located in New Zealand (in each case, O3, we or us).
When we talk about the “Platform” or “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website, access to our premises and any associated services we offer.
And you are you, your or User in this agreement making use of the Services.
We have also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned or in the table of Definitions provided below.
If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
Definitions
Building - The entire building in which the premises are located, including its common areas, entrances, exits, and parking facilities (if applicable), subject to the rules, policies and codes of conduct set forth by O3 or the building management or owners.
Platform - The O3 mobile application or (App) (available here) that allows Users to sign up for a Membership.
Services - Access to the Space available through the Platform, any in-app features and any associated services O3 offers including the integrated café service, amenities, Wi-Fi, and any events or facilities made available by O3.
Shared Areas - The communal areas of the premises, including but not limited to cafes, restrooms and other facilities designated by O3 for shared use by all authorised Users.
Space - O3’s physical venues and workspaces (each a Venue), including the Shared Areas, the integrated café service, amenities, Wi-Fi and any facilities made available at those locations, which are available to Users on an unallocated, walk-in basis under this agreement.
User - All users of the Platform.
Visit - When a User scans in to and uses the Space under a Membership, a Time Bundle or otherwise under this agreement.
1. Introduction
(a) This agreement set out the terms and conditions that apply when you use the Platform.
(b) By downloading or using the Platform, using any services or experiences through the Platform, or otherwise engaging with the content on the Platform, you represent and warrant that you:
(i) are at least 16 years old and have the legal capacity to enter into a binding legal agreement with us; and
(ii) agree to be bound by this agreement.
(c) This Platform is not intended for use by any person under the age of 16 years (other than through an Account created, held and managed by that person’s parent or legal guardian in accordance with clause 2) or by any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are at least 16 years old and are accessing the Platform for your own personal, study or work purposes.
(d) Please do not access the Platform if you are under the age of 16 years (other than through an Account held by your parent or legal guardian) or if you have previously been suspended or prohibited from using the Platform.
(e) Please have a careful read through this agreement before using the Services. If you do not agree to this agreement, please do not use the Services.
(f) We may modify this agreement from time to time. If we do, we will post a note on this page or email you. Any material change will take effect no earlier than fourteen (14) days after notice is provided. If you do not agree with a material change, you may cancel your Membership before the change becomes effective. If you continue to use the Services after the modified agreement takes effect, you will be taken to have agreed to the agreement as modified. For the purposes of this clause, a material change includes any change that: increases the price of an existing Membership; reduces the access entitlements of an existing Membership; modifies cancellation rights; or introduces new fees or obligations on Users. Administrative, clarificatory, or formatting changes do not constitute material changes and may take effect immediately.
2. Accounts
(a) In order to use the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, mobile phone number, and other information as determined by O3 from time to time.
(c) You warrant that any information you give to O3 in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, O3 may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) O3 reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(f) O3 may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
(g) Each person entering the Space must hold, and scan in with, their own Account. O3 does not offer guest passes, and you must not allow any other person to enter the Space using your Account, QR code or access credentials. You may hold one Account only for your own use.
(h) A person under the age of 16 years may only access the Space through an Account created, held and managed by their parent or legal guardian, and must be actively supervised by a responsible adult at all times while in the Space. The parent or legal guardian is responsible for that person’s conduct, for all charges incurred on the Account and for any loss or damage that person causes.
(i) O3 may request identification at any time, including on entry to the Space, to verify your identity, age or eligibility, and may refuse entry or suspend your Account where verification is not provided or misuse is suspected.
(j) You may delete your Account at any time through the Platform. Deleting your Account is permanent and cannot be undone, and any O-Coins and Digital Items held on the Account will be forfeited. Deleting your Account does not cancel a paid Membership or stop Membership Fees from being charged. You must cancel your paid Membership in accordance with clause 8(a) before deleting your Account. Where an Account has been deleted without the paid Membership first being cancelled, you must contact O3 to cancel it, and no refund will be provided for Membership Fees charged before you contact us.
3. Membership Packages
(a) In order to make a Visit, you must hold one of the membership packages posted on the Platform (the Membership Packages). The Membership Packages offered as of the date of this agreement are as follows:
(i) Free, which is provided at no charge to every Account; and
(ii) the O3 Membership, a paid recurring subscription which is billed weekly, monthly or six-monthly in advance, as selected by you at the time of purchase,
(each a Membership).
(b) You can find more details regarding each Membership Package on the Platform.
(c) The Free Membership provides a limited allocation of access time each week (3 hours per week as at the date of this agreement), which may only be used during the staffed hours of the relevant Venue. The weekly allocation refreshes at the time specified on the Platform, and any unused time does not roll over and has no monetary value. O3 may restrict or suspend access under the Free Membership at any time, including where a Venue is at or near capacity.
(d) A paid Membership provides unlimited access time for the duration of the paid Membership, subject to this agreement and to the access hours of each Venue. Access hours, including whether access is available outside staffed hours, differ between Venues and are specified on the Platform. Access outside staffed hours is not available at every Venue (as at the date of this agreement, the Southbank Venue is accessible during staffed hours only), and O3 may change the access hours of any Venue from time to time, including to comply with the requirements of a council or other authority.
(e) Users may also purchase one-off bundles of additional access time on the Platform (Time Bundles). Time purchased under a Time Bundle is added to your Account, does not expire and may be used in accordance with the access hours applicable to your Membership. Time Bundles are not recurring, are non-refundable and cannot be transferred or redeemed for cash.
(f) Any access time allocated under your Membership must be used within the period specified on our Platform. Access time that is not used within that period lapses, does not roll over and is non-refundable.
(g) If a User’s access time exceeds their available time, their session continues in overtime (Overtime). Overtime applies to any User whose access time is limited, including Users on the Free Membership. Users are solely responsible for scanning out when leaving the Space (Scan-Out) and for monitoring their remaining time. O3 is not liable for Overtime incurred during any period between a User’s physical departure and their Scan-Out, or due to the User’s failure to verify their Scan-Out was registered. Technical delays in Platform refresh do not automatically constitute grounds for Overtime reversal. Where a Scan-Out has been completed but the timer continues running, the User must refresh the Platform immediately and contact O3 if the issue persists.
(h) The first time a User incurs Overtime, O3 will forgive that Overtime as a one-time courtesy. This courtesy applies once per Account and cannot be transferred, reinstated or applied again. On each subsequent occasion, the User must pay the Overtime fee displayed on the Platform before the User may access the Space again. Overtime does not clear automatically.
(i) Each Membership Package will have different fees (Memberships Fees) and applicable terms and conditions as set out on our Platform. We reserve the right to change the Membership Packages, the Membership Fees and the terms and conditions from time to time, and you must check our Platform for the most updated information on our Membership Packages and Membership Fees.
(j) The release of new Membership Packages, or a change to the Membership Fees offered to new Users, does not change the Membership Fees of your existing Membership. Promotional offers are made at O3’s discretion and may be varied or withdrawn at any time.
(k) Membership Packages that are no longer offered for purchase, including Legacy Brokie, Legacy White/Rebel, Legacy Ghost, Legacy Villain, Legacy Black, Legacy Silver (10hr), Legacy 10hr Combo, Silver, Gold and Black (Legacy Memberships), remain in place for the Users who hold them until cancelled. For Legacy Memberships, the applicable Membership inclusions, pricing, billing frequency, processes for pauses and cancellations and all other membership details are those specified by O3 on the Platform, as updated from time to time. To the extent of any inconsistency between this agreement and the details published on the Platform in respect of a Legacy Membership, the details on the Platform will prevail.
(l) Legacy Memberships are grandfathered entitlements and are not available for purchase. If a Legacy Membership is cancelled or ends for any reason, including for non-payment under clause 6, the pricing and inclusions of that Legacy Membership are permanently forfeited and cannot be restored, and any new paid Membership must be purchased from the Membership Packages then offered on the Platform. O3 may transition a Legacy Membership to a current Membership Package on at least 30 days’ written notice where the Legacy Membership can no longer reasonably be supported, in which case you may cancel before the transition takes effect.
4. O-Coins and Digital Items
(a) Users may have access to tokens for O3’s digital currency program (O-Coins) as part of their Membership and can accumulate O-Coins to redeem on goods and services including food and drink items from O3’s on site café in accordance with the terms and conditions as set out on the Platform.
(b) Certain Legacy Memberships include an allocation of O-Coins, as specified on the Platform. The O3 Membership does not include an allocation of O-Coins. Unless expressly stated on the Platform, O-Coins are not earned by scanning in to or out of the Space.
(c) Users can purchase O-Coins on the Platform.
(d) Purchases of O-Coins are non-refundable.
(e) Users can transfer O-Coins to other Users through the gifting features of the Platform. O-Coins must not be sold, traded or exchanged for money or other consideration outside the Platform.
(f) O-Coins do not expire and cannot be redeemed for cash.
(g) O-Coins have no monetary value outside the Platform, are not property and do not constitute a financial product. O-Coins remain on your Account if your paid Membership is cancelled. O-Coins are forfeited if your Account is deleted and, to the extent permitted by law, may be forfeited by O3 where your Account is terminated under clause 8(d).
(h) A daily limit applies to the number of O-Coins that may be redeemed at O3’s on site cafés, as specified on the Platform (1,000 O-Coins per Account per day as at the date of this agreement).
(i) O3 may adjust an O-Coin balance at any time to correct an error, reflect a reversal or refund, or remove O-Coins obtained through fraud, misuse or a breach of this agreement.
(j) The Platform may also make available digital collectibles and rewards, including oysters and study rewards (Digital Items). Digital Items have no monetary value, cannot be redeemed for cash and are non-refundable. Redemptions and purchases made using O-Coins or Digital Items cannot be reversed. Digital Items are forfeited if your Account is deleted.
(k) O3 may add, change, retire or discontinue any Digital Item, and the ways in which O-Coins and Digital Items may be earned or redeemed, at any time. Where an allocation of O-Coins forms an advertised inclusion of your Membership, O3 will give you at least 14 days’ notice before reducing or discontinuing that inclusion.
5. Licence to Use the Space
(a) O3 grants the User a non-exclusive, revocable licence to use the Space in accordance with the terms and conditions of this agreement.
(b) This licence is personal to the User and cannot be transferred, sub-licensed, or assigned to any third party.
(c) The User may use the Space solely for lawful study, work and personal purposes and in accordance with any rules, policies, codes of conduct or guidelines provided by O3 from time to time.
(d) The licence to use the Space is valid only during the continuation of the User's Membership Package.
(e) Upon termination, suspension, or expiration of a paid Membership, the User’s right to use the Space for the time set out under the paid Membership will immediately cease. The User’s Membership will convert to a Free Membership, unless the User’s Account has been suspended or terminated, or the User has been banned from the Space, under clause 8(d).
(f) This licence does not create a lease, tenancy, or any interest in real property. O3 retains exclusive possession and control of the Space and may reallocate or modify the Space at its sole discretion.
6. Payments
(a) Membership Fees for a paid Membership will be billed in advance on a recurring weekly, fortnightly, monthly or six-monthly basis, depending on the Membership Package and billing period selected by you (Billing Cycle), and will continue on a rolling, ongoing basis until terminated in accordance with this agreement.
(b) Payments are due in advance on the first day of each Billing Cycle (Billing Date), as specified during the sign-up process and shown on the Platform. Where you select a six-monthly Billing Cycle, the Membership Fees for the full six months are payable up front.
(c) Membership Fees are charged in the local currency of the country in which your Membership is purchased (Australian dollars in Australia and New Zealand dollars in New Zealand) and are inclusive of any applicable goods and services tax. A Membership purchased in one country cannot be converted to the currency of another country, and must be cancelled and purchased again in the relevant country.
(d) We may use third-party online payment partners to collect payments on the Platform, including direct debit payments (Online Payment Partner).
(e) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. We currently use Stripe as our Online Payment Partner.
(f) Where you purchase a Membership through the Apple App Store or Google Play (App Store Subscription), your payments are processed and managed by Apple or Google (as applicable) and are subject to their terms. O3 cannot change, cancel or refund an App Store Subscription. You must manage and cancel an App Store Subscription through your Apple or Google account settings, and any request for a refund must be made directly to Apple or Google.
(g) You agree to release O3 and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(h) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
(i) In the event that we discover an error or inaccuracy in any price at which your Membership was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with O3, you will then have the option of purchasing the Membership at the correct price, or cancelling your Membership. If you choose to cancel your Membership and payment has already been debited, the full amount will be credited back to your original method of payment.
(j) If a payment fails on the Billing Date, the User’s access to the Space will be suspended immediately and will remain suspended until the outstanding amount is paid. O3 will make additional attempts to process the payment within the following 2 weeks. The User will be notified of the failed payment and any subsequent attempts via email. The Membership Fees remain payable for the Billing Cycle from the original Billing Date, regardless of the date on which payment is received.
(k) If payment remains outstanding after the additional attempts described in (j) above, the User’s paid Membership will be cancelled automatically and will convert to a Free Membership. A Legacy Membership that is cancelled for non-payment cannot be restored.
(l) Termination of membership due to non-payment does not relieve the User of their obligation to pay any outstanding amounts owed to O3.
(m) The User is responsible for ensuring that their payment method remains valid and up to date.
(n) Any changes to payment details must be updated promptly via O3’s Platform.
(o) O3 reserves the right to charge interest or a late payment fee on any overdue amounts, as permitted by applicable law.
(p) If you believe you have been charged in error, you must contact O3 before raising a dispute or chargeback with your bank or card provider, and allow O3 a reasonable opportunity to investigate. Where a chargeback is raised, O3 may provide your acceptance of this agreement, Account activity, scan records and billing records to the Online Payment Partner or your bank in order to contest it.
7. User Obligations
(a) As a User, you agree:
(i) to conduct yourself in a respectful and lawful manner at all times while using the Space;
(ii) not to engage in inappropriate behaviour, including but not limited to harassment, abusive language, discrimination, intimidation, or any actions that disrupt or endanger others;
(iii) to use the Space in accordance with any rules, codes of conduct and/or policies set out in this agreement or otherwise communicated to you by O3 (House Rules);
(iv) to only access the Space (unless access to another part of O3’s premises is required in order to access the Space);
(v) to comply with all laws in connection with your use of the Space;
(vi) not to use the Space in a way that is unreasonable in the circumstances;
(vii) not to remove, damage or use any of O3’s property;
(viii) not to use the Space or act in any way that may harm O3’s reputation or that of associated or interested parties or do anything at all contrary to the interests of O3;
(ix) to keep noise and interruptions to a minimum for the duration of the Visit;
(x) not to allow the Space to be used for any illegal, immoral, noxious, excessively noisy, dangerous or offensive purposes;
(xi) not to bring liquor into the Space;
(xii) not to bring any animals into the Space, with the exception of assistance animals as required by law;
(xiii) not to use the Space in a way which causes damage, nuisance or disturbance to an occupier of an adjoining property;
(xiv) not to enter, or allow any other person to enter, the Space other than by scanning in with that person’s own Account;
(xv) not to bring store-bought or takeaway food or beverages, or delivery orders, into the Space (home-prepared food for personal consumption is permitted, provided it does not create odour, mess or hygiene issues);
(xvi) not to use the Space for any event, booking, commercial photography or filming, or other organised activity, without O3’s prior written consent, and to cease any photography or filming when asked to do so by O3;
(xvii) when using O3’s Wi-Fi or networks, not to engage in any unlawful activity, hacking, scraping, distribution of malware or any high-load activity that impairs the network for others;
(xviii) to keep the Space and the premises secure, including closing any gates or doors;
(xix) to leave the Space and any equipment you used in the same state of cleanliness it was found at the start of the Visit;
(xx) not to install any permanent fixtures or make alterations to the Space without prior written consent from O3;
(xxi) immediately inform O3 as soon as becoming aware of any matter which may affect the safety or security of the premises or give rise to an emergency;
(xxii) to be responsible for its own privacy and confidentiality, and to respect the privacy and confidentiality of other Users of the Space;
(xxiii) to comply with all reasonable requirement of O3 to participate in emergency evacuation procedures; and
(xxiv) to comply with O3’s reasonable directions about rubbish removal and recycling, as applicable.
(xxv) Not to dirty, cover or obstruct:
(A) any window in the Space;
(B) air vents, air conditioning ducts or skylights in the Space;
(C) any entrance or exit including any emergency exit of the Space; or
(D) any fire safety devices in the Space.
(xxvi) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(xxvii) to not share your Account with any unauthorised person and that any use of your Account by an unauthorised person is strictly prohibited. You must immediately notify O3 of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(xxviii) to not use the Platform:
(A) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and
(B) in connection with any money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by O3;
(C) not to act in any way that may harm the reputation of O3 or associated or interested parties or do anything at all contrary to the interests of O3 or the Platform;
(D) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of O3;
(E) that O3 may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(F) that information given to you through the Platform by O3 or another User is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(G) that O3 may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 7.
(b) O3 reserves the right to investigate reports of inappropriate behaviour and take appropriate action in accordance with clause 8(d), including issuing warnings, suspending access, terminating the User’s Membership without refund and banning the User from the Space.
(c) Users must comply with all applicable laws, O3’s policies, and reasonable instructions issued by O3 or its representatives to ensure a safe and inclusive environment for all.
(d) Any User who experiences or witnesses inappropriate behaviour is encouraged to report it promptly to O3’s on-site staff. All reports will be handled confidentially and in accordance with applicable laws and policies.
8. Membership Changes
(a) MEMBERSHIP CANCELLATION
(i) Users may cancel their paid Membership at any time through the Platform. There is no minimum commitment period. An App Store Subscription must be cancelled through your Apple or Google account settings in accordance with clause 6(f).
(ii) Upon cancellation the User’s paid Membership will revert back to the Free Membership which will be reflected on the Platform. No refunds or credits will be provided for the remaining period of the current billing cycle, regardless of the date of cancellation unless O3 agrees in writing otherwise.
(iii) The User will retain access to the paid Membership benefits until the last day of the current billing cycle. The paid Membership will terminate automatically at the end of that cycle, and no further payments will be collected.
(iv) A cancellation must be completed before the next Billing Date in order to avoid being charged for the next Billing Cycle. Cancellations take effect only from the date on which they are completed on the Platform and cannot be backdated. Users are responsible for checking on the Platform that their cancellation has been registered.
(v) Where a six-monthly Billing Cycle has been selected, the paid Membership will continue until the end of the six-month period that has been paid for and will not renew. No refund will be provided for the remainder of that period.
(vi) A cancelled paid Membership may be purchased again at any time from the Membership Packages then offered on the Platform. A Legacy Membership cannot be reinstated once cancelled.
(vii) To the extent permitted by law, no cooling-off period applies to a paid Membership, as access to the Space is made available immediately upon purchase.
(b) CHANGING MEMBERSHIP
(i) As there is a single paid Membership Package offered as at the date of this agreement, a paid Membership cannot be upgraded or downgraded to another paid Membership Package. A request to downgrade a paid Membership will be treated as a cancellation under clause 8(a).
(ii) A User who holds a Legacy Membership and wishes to move to the O3 Membership must first cancel the Legacy Membership, and may purchase the O3 Membership through the Platform once the Legacy Membership has ended. Membership Fees paid for the Legacy Membership will not be credited towards the O3 Membership, and the Legacy Membership cannot be restored.
(iii) A User who wishes to change the Billing Cycle of an O3 Membership must cancel the existing paid Membership and purchase a new paid Membership with the preferred Billing Cycle once the existing paid Membership has ended.
(c) PAUSES
(i) Pauses are available only to Users who hold an eligible Legacy Membership, as specified on the Platform. The O3 Membership, the Free Membership and all other Membership Packages cannot be paused.
(ii) An eligible User may request a pause by submitting a request through the form on O3’s website before their next Billing Date. A pause cannot be requested through the Platform, must specify its duration and will not be processed while any payment is outstanding.
(iii) A pause commences on the User’s next Billing Date following the request and cannot be backdated. Each pause may last for a maximum of 3 months, and the User must complete one full Billing Cycle of active paid Membership before another pause may be requested.
(iv) No Membership Fees are charged during a pause. The User has no access to the Space during a pause, including under the Free Membership.
(v) A pause may be ended early by contacting O3. O3 will action the request as soon as reasonably practicable, and the Billing Date will reset to the date on which the paid Membership resumes.
(d) WARNINGS, SUSPENSION, TERMINATION AND BANS
(i) O3 may take action under this clause 8(d) if the User:
(A) Breaches any terms of this agreement or the Membership Package;
(B) Shares their Account, allows another person to enter the Space using their Account, or enters or attempts to enter the Space without scanning in;
(C) Engages in unlawful activities, conduct themselves inappropriately including inappropriate or aggressive behaviour or violates O3’s policies or codes of conduct;
(D) Causes repeated disturbances or fails to comply with reasonable instructions from O3.
(ii) In most cases, O3 will first issue the User with a formal written warning. If the conduct continues or is repeated after a formal warning, O3 may terminate the User’s Membership, Account and licence and ban the User from the Space.
(iii) In serious cases, O3 may terminate the User’s Membership, Account and licence and ban the User from the Space immediately and without prior warning. Serious cases include conduct that is unlawful, violent, threatening, harassing, discriminatory or sexually inappropriate, conduct that endangers the safety of staff or other Users, theft, deliberate damage to property and fraud.
(iv) O3 may suspend the User’s access to the Space and the Platform while it investigates a report or incident.
(v) A User who has been banned from the Space (Banned User) must not enter or attempt to enter any Venue, must not create or use another Account and must not access the Space through any other person’s Account. A ban applies to all Venues and continues indefinitely unless O3 agrees otherwise in writing. O3 may refuse entry to, or remove, a Banned User, and may cancel any Account created or used in breach of this clause.
(vi) Where a Membership is terminated under this clause 8(d), no refund or credit will be provided for the remainder of the current Billing Cycle, subject to clause 14(d). In order to protect the privacy of Users and staff, O3 is not required to disclose the identity of any person who made a report or the details of any report.
(vii) Nothing in this clause limits O3’s right to refuse entry to, or require any person to leave, the Space at any time where reasonably necessary for the safety, security or comfort of staff or other Users.
(viii) Termination of the licence does not relieve the User of any outstanding obligations under this agreement.
(ix) Upon termination of this agreement, the User must return the Space in the same condition as it was provided, subject to reasonable wear and tear.
(x) O3 may dispose of any items left behind by the User at its discretion, without liability.
(e) REFUNDS AND DISPUTES
(i) O3 maintains a strict no-refund policy on all Membership payments. Membership operates as a recurring access pass - once a billing cycle begins, the full charge for that period applies regardless of whether the User uses the Space, the frequency of Visits, or whether they are able to Visit at all. Refunds are not available for unused time, partial use, missed Visits, retroactive cancellations, or any other reason related to non-usage. This expressly includes any unused access time allocated under a Membership and the unused portion of a six-monthly Billing Cycle. Access time that lapses is forfeited and does not give rise to any refund or credit entitlement.
(ii) Users are solely responsible for managing their Membership and for actioning any cancellation on the Platform (or requesting any pause available to them under clause 8(c)) before the next Billing Date if they do not wish to be charged for the next Billing Cycle.
(iii) Time Bundles, O-Coins and App Store Subscriptions are non-refundable by O3, as set out in clauses 3, 4 and 6.
(iv) O3 may, in its absolute discretion, agree to a refund, credit or other goodwill gesture in exceptional circumstances. Any such gesture must be confirmed in writing by O3’s support team, does not constitute an admission of liability and does not create a precedent or entitlement for that User or any other User. O3’s café staff and automated support tools are not authorised to promise or approve a refund.
(v) Nothing in this clause 8(e) limits any rights you may have under the laws referred to in clause 14(d).
9. Service Limitations
(a) The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that O3 cannot and does not represent, warrant or guarantee that:
(i) the Platform will be free from errors or defects;
(ii) the Platform will be accessible at all times;
(iii) messages sent through the Platform will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Platform will be secure or confidential; or
(v) any information provided through the Platform is accurate or true.
(b) O3 will have no liability or obligation to you, and will not owe you any compensation, if, due to service interruptions or technical faults, you cancel a Visit before the access time under your Membership have been used.
(c) The Membership grants the User access to use the Space, but it does not guarantee the availability of any specific desk or seating area. Access to the Space is provided on a first-come, first-served basis, subject to availability at the time of Visit.
(d) O3 reserves the right to refuse entry to the Space due to capacity constraints or circumstances beyond O3’s control including closure of the space as directed by the local government council or other authority, safety reasons arising from Building damage and adverse weather conditions including natural disasters.
(e) O3 shall not be held liable for any inconvenience, loss, or disruption arising from the unavailability of the Space at any time. Users acknowledge that the Space may not be available 24/7 and are advised to plan accordingly to minimise the risk of unavailability.
(f) O3 will not be liable for any delay or failure to provide the Services caused by an event beyond its reasonable control, including flood, fire, storm, earthquake, pandemic, power, utility or internet outage, equipment failure, or any act, order or restriction of a government, council or other authority. Where such an event reduces rather than prevents access to the Space (for example, reduced access hours at a Venue), Membership Fees remain payable in full unless O3 agrees otherwise.
10. Intellectual Property
(a) O3 retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from O3 or as permitted by law.
(c) In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
(d) The Platform allows Users to create profiles, post content and communicate with other Users. You retain ownership of the content you submit, and you grant O3 a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt and display that content for the purposes of operating, improving and promoting the Services. O3 may remove any content that it considers unlawful, offensive or in breach of this agreement.
11. Third Party Content
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). O3 accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
12. Third Party Terms
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.
13. Security
(a) O3 does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(b) Users are solely responsible for the security and care of their personal belongings, equipment, and any items brought onto the premises/Spaces.
(c) O3 accepts no responsibility or liability for any loss, theft, or damage to personal belongings, including items left unattended in the Space, Shared Areas, or elsewhere within the Building (Lost Property).
(d) Any Lost Property may be collected and held for by O3 for a limited period at O3’s discretion as a courtesy only. O3 may, in its sole discretion, dispose of, donate, recycle or otherwise deal with any unclaimed Lost Property after such period as O3 considers reasonable. O3 is not required to provide notice to Users before disposing of Lost Property and will not be liable to pay any compensation or reimbursement in respect of any Lost Property that is disposed of in accordance with this clause.
(e) Users are advised to:
(i) Keep valuables secured at all times;
(ii) Avoid leaving personal items unattended in shared or common areas; and
(iii) Report any incidents of theft or damage to O3 promptly.
14. Liability
(a) (Limitation of Liability) To the maximum extent permitted by law and subject to clause 14(b), the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
(b) Clause 14(a) does not apply to your liability in respect of loss or damage sustained by the Company arising from your:
(i) breach of third party intellectual property rights;
(ii) breach of any term of this agreement; or
(iii) negligent, fraudulent or criminal act or omission.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL) or, where the Services are supplied in New Zealand, the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ) (together, the NZ Consumer Laws). Under the ACL or the NZ Consumer Laws, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(e) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or the NZ Consumer Laws.
(f) (Indemnity) You agree to indemnify and hold O3 harmless against losses, damages, costs and third-party claims arising from your breach of this agreement, the House Rules, misuse of Services, infringement of third-party rights or damage to O3 property. The indemnity does not apply to the extent that the damage or claim was caused or contributed to by O3’s negligence, wilful misconduct or breach of this agreement.
15. Confidentiality
You agree that:
(a) no information owned by O3, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
16. Privacy
You agree to be bound by the clauses outlined in O3’s Privacy Policy, which can be accessed here (https://www.o3space.org/privacy-policy).
O3 handles personal information in accordance with the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 (NZ) in New Zealand.
The Space is monitored by CCTV for safety, security and the protection of property. By entering the Space, you acknowledge that you may be recorded, and that footage may be used to review incidents and may be provided to law enforcement where required or permitted by law. O3 may also take photographs or film in the Space for community or promotional purposes.
17. Notice Regarding Apple
If you are accessing the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) this agreement is between you and O3 and not with Apple. Apple is not responsible for the Platform or any content available on the Platform;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Platform;
(c) in the event of any failure of O3 to conform to any applicable warranty, you may notify Apple, and Apple may pay such amount. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be O3’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Platform, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the Platform or your use of the Platform infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of this agreement, including Apple’s Services Terms and Conditions, Licensed Application End User License Agreement and any other applicable terms and conditions; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
18. Notice Regarding Google
If you are accessing the Platform from the Google Play store, you acknowledge and agree that this agreement is between you and O3 and not with Google LLC or its affiliates (Google), that Google is not responsible for the Platform or any content available on the Platform, that Google has no obligation to provide any maintenance or support services for the Platform, and that you must comply with the Google Play Terms of Service and any other applicable terms and conditions of Google.
19. Record / Audit
To the extent permitted by law, O3 reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving O3.
20. Communication and Disputes
20.1 Correspondence with O3
(a) Users must report any complaints through the contact form on O3’s website at https://o3space.org/contact.
(b) Complaints should include:
(i) Full name and the email address registered to your Account;
(ii) Description of the issue, including relevant dates, times, and locations within the premises; and
(iii) Any supporting evidence (e.g., photos, screenshots, or witness accounts).
(c) O3 will acknowledge receipt of the complaint, investigate the complaint and provide a formal response within a reasonable timeframe.
(d) Where further investigation is required, O3 will notify the User, outlining the anticipated timeframe for resolution.
(e) Complaints related to issues outside O3’s control, including those arising from other Users' conduct, may not be eligible for resolution but will be reviewed case by case.
20.2 Disputes
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice (“Dispute Notice”) containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
(d) If the dispute is not resolved by the parties within 90 days of the date of the Dispute Notice, the parties may refer the dispute to the courts having jurisdiction under clause 22.1.
21. Notices
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via the form on O3’s website at https://o3space.org/contact, delivered via email to the other party, to the email address specified in this agreement or the Platform or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the place whose laws govern this agreement under clause 22.1, in which case the notice will be taken to be given on the next occurring business day in that place; or
(ii) when replied to by the other party,
whichever is earlier.
22. General
22.1 Governing Law and Jurisdiction
This agreement is governed by the law applying in: (a) New Zealand, where your Membership is billed in New Zealand dollars or the matter relates to a Venue located in New Zealand; (b) New South Wales, Australia, where the matter relates to a Venue located in New South Wales or you primarily use a Venue located in New South Wales; and (c) Victoria, Australia, in any other case. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of that place and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
22.2 Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
22.3 Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
22.4 Joint and Several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
22.5 Assignment
O3 may assign, novate or otherwise transfer its rights and obligations under this agreement (including to a related company) without your consent, provided that your rights under this agreement are not materially prejudiced. You cannot assign, novate or otherwise transfer any of your rights or obligations under this agreement without the prior written consent of O3.
22.6 Costs
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
22.7 Entire Agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
22.8 Interpretation
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision;
(k) (written or in writing) includes communication via email.
