Terms & Conditions

1. About Harbour Space

These Terms & Conditions govern your use of the coworking facilities, private offices, meeting rooms, and related services ("Services") operated by Harbour Space Pty Ltd (ABN 67 684 367 922, ACN 684 367 922), registered at RSM Fremantle, 135 High Street, Fremantle WA 6160 ("Harbour Space", "we", or "us").

Harbour Space operates one or more coworking and private office locations in Western Australia. Our current locations, and the plan types and Services available at each, may change from time to time and are as set out on our website and in your membership agreement, which forms part of these Terms.

2. Acceptance

By enquiring about, registering for, or using the Services you agree to be legally bound by these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case references to "you" include that entity.

If you do not accept these Terms in full, you must not use the Services.

3. Eligibility

To become a member you must:

• be 18 years of age or older;
• have full legal capacity to enter into a binding contract; and
• comply with all applicable laws in connection with your use of the Services.

4. Membership & Access

Membership grants you a non-exclusive, non-transferable, revocable licence to use the Services in accordance with your chosen membership plan. Membership does not create a tenancy, lease, or any proprietary interest in the premises.

Access is subject to availability and may be limited based on membership tier. We may adjust operating hours, facilities, or capacity with reasonable notice.

Physical access credentials (swipe cards, key fobs, PIN codes, or similar) issued to you remain the property of Harbour Space. You must not share your credentials with any person who is not a current member.

Some membership plans include a small monthly credential fee or an allowance of replacement credentials per period. Where your plan includes such an allowance, the occasional accidental loss of a credential is covered at no additional charge within that allowance.

A replacement fee of $100 per credential applies where:

• a credential is not returned to us within 5 business days of your membership ending or being terminated; or
• the number of credentials lost or not returned during your membership, in our reasonable assessment, indicates a pattern of negligence rather than genuine accident (for example, multiple losses within a short period or repeated losses beyond any included allowance).

We will notify you before applying a replacement fee under the second circumstance above.

4A. Private Offices

This section applies in addition to Section 4 where your membership plan is for a private office, regardless of location.

Exclusive licence

Your membership grants an exclusive licence to occupy the specific private office identified in your membership agreement, for use by you and your authorised staff or guests, for the term set out in that agreement. As with all memberships, this remains a licence and not a lease, tenancy, or other proprietary interest in the premises (see Section 4).

Keys

Where your private office is secured by a physical key rather than, or in addition to, a fob or swipe card, that key is treated as a "credential" for the purposes of Section 4, including the $100 replacement fee and the credential return obligations on termination.

Minimum term & notice

Private office memberships carry a minimum term as set out in your membership agreement. You may not cancel before the end of that minimum term except as permitted by that agreement or by law. After the minimum term, your membership continues on the notice period stated in your membership agreement, or if none is stated, on 30 days' written notice given through our contact form.

Security deposit

We may require a security deposit before you take occupation of a private office, in the amount set out in your membership agreement. The deposit is held as security for unpaid fees, damage beyond fair wear and tear, and any amounts owing under the make-good obligations below. We will return the deposit, less any amounts properly deducted, within 30 days of your membership ending and the office being vacated and inspected.

Fit-out, furniture & make-good

Standard furniture and fixtures provided by Harbour Space as part of your private office plan remain our property. Any furniture, equipment, or fit-out you bring into or add to the office remains your property and must be removed by you at the end of your membership.

You must return the office in the condition it was provided, fair wear and tear excepted. You are responsible for the cost of making good any damage, alteration, or fixture you or your guests cause or install, unless we have agreed in writing that it may remain.

Access outside your office

Your private office licence does not include exclusive use of shared areas, meeting rooms, or common facilities. Use of these remains subject to Section 4 and any credits or allowances included in your plan.

5. Fees & Payment

All fees are set out in your membership agreement or as communicated to you at the time of signup. Unless otherwise stated, all fees are inclusive of GST where applicable.

Fees are due on the date specified in your membership plan. Once a membership term commences or renews, the fees for that full term are payable in full regardless of your actual usage during that period.

We reserve the right to vary fees with no less than 30 days' written notice. Continued use of the Services after the effective date of a fee change constitutes acceptance of the new fees.

Overdue payments may attract a late fee of up to $50 and we may suspend access until outstanding amounts are settled. Debt recovery costs incurred are payable by you.

6. Cancellation & Termination

By you: Cancellations must be submitted through our contact form. Cancellation takes effect at the end of the current billing period unless your plan provides otherwise. Private office memberships are also subject to the minimum term and notice provisions in Section 4A. No refunds are issued for unused portions of a prepaid term, except as required by the Australian Consumer Law. While we are happy to assist with cancellation queries via email at hello@harbourspace.au, we make no representation as to how promptly email requests can be processed and recommend allowing up to 10 business days for any email correspondence to be actioned. Portal submissions are the only guaranteed method of cancellation.

By us: We may suspend or terminate your membership immediately, without prior notice or refund, if you breach these Terms, fail to pay fees when due, or engage in conduct that, in our reasonable opinion, is harmful to other members, staff, or the premises.

Personal belongings: Items left at our premises after termination will be held for up to 30 days. Storage fees of up to $100 per month may apply. Unclaimed items may be disposed of at our discretion after that period.

7. Prohibited Use

You must not, and must not permit others to:

• sublet, resell, or otherwise make the Services available to non-members;
• harass, intimidate, or discriminate against any person at our premises;
• use our network or equipment to upload, transmit, or store malware, unlawful content, or content that infringes any third party's intellectual property rights;
• conduct any activity that is unlawful, disruptive, or that creates excessive noise or nuisance;
• interfere with our infrastructure, security systems, or the enjoyment of other members; or
• use our address as your registered business address without prior written consent.

Private office members: consent to use the relevant Harbour Space location as your registered business address is granted for the duration of your private office membership, provided this is confirmed in your membership agreement. This consent ends automatically when your private office membership ends.

8. Confidentiality

Our coworking community thrives on mutual trust. You must treat all non-public business information belonging to other members or their guests that comes to your attention at our premises as strictly confidential. You must not use or disclose such information to any third party without the relevant member's prior written consent.

9. Privacy

We collect, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Services, you consent to our collection and use of your personal information as reasonably necessary to provide the Services, manage your membership, and communicate with you about Harbour Space.

We do not sell personal information to third parties. For questions about your personal information, contact us at hello@harbourspace.au.

10. Intellectual Property

All intellectual property in the Harbour Space brand, website, materials, and fit-out belongs to us or our licensors. Nothing in these Terms grants you any right to use our intellectual property other than as strictly necessary to use the Services.

You retain ownership of all intellectual property you create while using our spaces.

11. Limitation of Liability

To the maximum extent permitted by law, Harbour Space and its officers, employees, and agents are not liable for any loss of or damage to property, personal injury, or consequential, indirect, or special loss arising from your use of the Services, however caused.

In particular, we accept no liability for theft of or damage to personal property brought onto the premises. We recommend that you maintain appropriate insurance for your equipment and valuables.

Australian Consumer Law: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are liable for a failure to comply with a consumer guarantee, our liability is limited (at our election) to re-supplying the Services or paying the cost of having the Services re-supplied. Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law.

12. Indemnification

You indemnify and hold harmless Harbour Space and its officers, employees, and agents against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with your use of the Services, your breach of these Terms, or any act or omission by you or your guests at our premises.

13. Photography & Media

Harbour Space may photograph or film the premises and its community for use in marketing, social media, and other promotional materials. By using the Services you grant us a non-exclusive, royalty-free licence to use your likeness captured incidentally in such materials.

If you do not wish to appear in marketing materials, please notify us in writing at hello@harbourspace.au and we will take reasonable steps to accommodate your request. You may withdraw consent at any time; withdrawal does not affect materials already published.

14. Force Majeure

Harbour Space is not liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, pandemic, government action, natural disaster, fire, flood, power failure, or industrial action. We will notify you promptly and take reasonable steps to resume normal operations as soon as practicable.

15. Variation of Terms

We may update these Terms from time to time. Material changes will be notified to you by email or via a prominent notice on our website no less than 14 days before the change takes effect. Your continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms. We will maintain an archive of previous versions upon request.

16. Dispute Resolution

We prefer to resolve disputes informally. If you have a concern, please contact us at hello@harbourspace.au and we will endeavour to respond within 5 business days.

If a dispute cannot be resolved by negotiation within 21 days, either party may refer the matter to mediation through the Small Business Development Corporation of Western Australia. The costs of mediation will be shared equally unless otherwise agreed.

Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction.

17. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia.

18. Severability & Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with any membership agreement or plan documentation provided to you, constitute the entire agreement between you and Harbour Space in respect of the Services and supersede all prior representations, agreements, or understandings.

19. Contact

For any questions about these Terms, please contact:

Harbour Space Pty Ltd
RSM Fremantle, 135 High Street, Fremantle WA 6160
hello@harbourspace.au