Terms and conditions

General Terms and Conditions

General In consideration for the mutual benefits exchanged by Niche Space Pty Ltd (the “Company”) and the undersigned (“You”, the “Member”, collectively the “Parties”), the Parties hereby agree, warrant, consent and covenant to the following terms, conditions and representations:
Behaviour The Member agrees to conduct himself or herself according to the policies that the Company implements from time to time regarding personal behaviour in the co-working space located at 4/2 Cawarra Road Caringbah, NSW 2229 (the “Co-Working Space”). At the Company’s sole discretion, your membership at the Co-Working Space may be terminated for behaviour that violates any such policies.
Membership Details

You are subscribing to the following membership category at the Company’s Co-Working Space: Full time- 24 hour access to the site and facilities. Permanent Allocated Desk Unlimited Coffee/tea Open access to Meeting Room (restrictions may be put in place should this be abused) Use of private call rooms (if not booked) Unlimited Printing (restrictions may be put in place should this be abused) High Speed Internet (100mbps/20)

Part Time – 11 Days per month access to site and facilities Permanent allocated desk if co sharing desk Unlimited Coffee/tea Access to Meeting Room 240 Minutes per month Use of private call rooms (if not booked) Unlimited Printing (restrictions may be put in place should this be abused) High Speed Internet (100mbps/20)

```
Guests
```
Members may invite guests for meetings however long a meeting room has been reserved. Members may have guests may stay for up to 1 hour on a complimentary basis, but for longer visits we reserve the right to charge at our standard rates for guest’s use of the relevant Workspace.

You and your guests may be required to present a valid, government-issued photo identification before entering the Location. If you bring someone into the Location as your guest, you agree to take full legal responsibility for that person and their actions for as long as they remain in the Location. We reserve the right to remove any guest from the Location if they do not conduct themselves consistently with these Terms or House Rules. If we deem it reasonably necessary, we may disclose information about your guests to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their Belongings or other property. It is your obligation to notify any of your guests about this policy.

```
No Tenancy
```
The Company provides co-working services on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law. You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the State of Minnesota or otherwise.
```
No Residency
```
The Co-Working Space is a commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at the Co-Working Space.
```
Termination
```
Niche Space Pty Ltd reserves the right to restrict your access to your membership account, the Services (in part or whole) and/or terminate your membership with immediate effect and possibly without prior notice to you if: a. you become bankrupt or insolvent or enter into liquidation or receivership, or an administrator is appointed; b. an individual member dies or by reason of mental or physical illness or injury, is incapable of managing their own affairs; c. we believe your reservation and use of the Workspace will adversely affect the smooth running of any Location or our business operations, its security or good reputation; d. you abandon or vacate your Workspace (which will be deemed a breach of these Terms); 7.1 You agree not to use the Co-Working Space for any purpose that is unlawful, prohibited, or that could damage, disable or impair the property of the Company or of other members, or prevents other members from enjoying the Co-Working Space, or that would damage the reputation or business of the Company and the Co-Work Space.

You also agree not to use the Co-Working Space in connection with: a. Lottery contests, pyramid schemes, chain letters, junk email, spamming or similar behaviour; b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;

c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;

d. Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and

e. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of the Co-Working Space or another member.

7.2 If your membership is set up as an individual, you can terminate your membership account at any time by submitting a request at [email protected]. Within the given notice period require of your membership. If your membership was created by a business entity: (i) an authorized representative of that business entity may terminate your membership at any time by contacting us; and (ii) we may terminate your account, even if the business entity membership remains on foot, and even if you continue to be employed or engaged by that business entity. Termination will be effective immediately upon our receipt of notice by you. We do not provide refunds of amounts already paid upon termination of membership. You will remain liable for all amounts that are due but unpaid, and we may exercise our rights to collect any outstanding payment despite termination of your membership.

```
Changes
```
The rules and policies of the Co-Working Space may change from time to time. We will notify members of material changes.
```
Non-Disclosure
```
In your presence at the Co-Working Space, you may learn of confidential information of the Company or of its members. Such confidential information may include business information, trade secrets, technology, processes, customers and prospects that is intended to be confidential and proprietary. You hereby agree and consent to not disclose information that you obtain that was intended to remain confidential.
```
Repairs and Maintenance
```
The Company shall maintain the Co-Working Space in good repair and working order. If you notice any problems requiring repair, please notify the Company and it shall be remedied promptly.
Liability You hereby waive and hold harmless the Company, its members, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses you suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss) arising out of or in any way related to the Company’s services or otherwise.
General This agreement may not be assigned without the prior written consent of the Company. The laws of the State of New South Wales shall govern the terms of this agreement any disputes between the Parties. The Parties hereby attorn to the courts in the City of Sydney. In the event that a provision in this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall be unaffected and shall remain in full force and effect.