Day Pass and Membership Terms & Conditions

Acceptance of Terms

The services The Generator provides to you, the undersigned (including but not limited to use of office space and access to internet), are subject to the following Terms and Conditions.

The Generator reserves the right to update the Terms and Conditions at any time. The Generator will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in this Membership Agreement.

Description of Services

The Generator may provide you with access to office space, internet access, office equipment, conference space, knowledge resources and other services rom time to time (collectively, “Services”). The Services at all times are subject to the Terms and Conditions.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of The Generator systems, or the network(s) connected to The Generator, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, or accounts, computer systems or networks connected to The Generator or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the Terms and Conditions of this Membership Agreement and no further authorisation or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with, or result in, any breach of any license, contract, agreement to any other instrument or obligation to which you are a party.

 

Use of Services

You agree that when participating in or using the Services, you will not:

a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Generator Services;

c) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same

 

 

Use of Services Cont.

 d) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

e) Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.

f) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

g) Restrict or inhibit any other user from using and enjoying the Services;

h) Violate any code of conduct of other guidelines which may be applicable for any particular Service;

i) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and

j) Violate any applicable laws or regulations;

Confidentiality

 a) You acknowledge and agree that during your participation and use of the Services, you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Generator, or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

Confidential Information includes, but is not limited to, information about business, sales, operations, know-how, trade secrets, technology, products and financial information.

b) Your participation in and/or use of the Services obligates you to:

i.   maintain all Confidential Information in strict confidence;

ii.  not to disclose Confidential Information to any third parties;

iii. not to use the Confidential Information in any way directly or indirectly detrimental to The Generator, or any participant or user of the Services.

c) All Confidential Information remains the sole and exclusive property of The Generator or the respective disclosing party. You acknowledge and agree that nothing in this Membership Agreement, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise. This includes, but is not limited to, Confidential information such as any patent, copyright, or other intellectual property or proprietary rights of the Generator, or any participant or user of the Service.

Participation In or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Generator does not have any liability with respect to your access, participation in, use of the Services or any loss of information resulting from such participation or use.

Participation In or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Generator does not have any liability with respect to your access, participation in, use of the Services or any loss of information resulting from such participation or use.

 

Disclaimer of Warranties

To the maximum extent permitted by applicable law, The Generator provides the Services “as is”, and hereby disclaim with respect to the services all warranties and conditions, whether express, implies or statutory, including but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of participation in the use of the Services, remains with you.

Exclusion of Incidental, Consequential, and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall The Generator or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including but not limited to, damages for: loss of 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 pecuniary or other loss whatsoever) arising out of, or in any way related to, the participation in or inability to participate in or use of the Services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Generator, and even if The Generator has been advised of the possibility of such damages.

Limitation of Liability and Remedies

Not withstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Generator or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present, and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this Membership Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

Termination

The Generator reserves the right to terminate any Service at any time where breach of the terms of this Agreement has occurred. The Generator further reserves the right to terminate your participation in and use of any Service, immediately and without notice.

Members can cancel their membership at any time with a minimum of one months’ written notice to The Generator.  On cancellation of membership, members are required to return any and all security keys/fobs and equipment to The Generator and cease using any of The Generator services including passwords.  Failure to return security keys/fobs or equipment will result in the “at cost” charge being invoiced to the member.

Smoking

Smoking is NOT permitted anywhere on The Generator premise, including inside the meeting rooms and on the balconies.

Severability

In the event that any provision or portion of this Membership Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Membership Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Indemnification

You release, and hereby agree to indemnify and defend The Generator and its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgements, fines and penalties based upon, and arising out of, your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this Agreement, you shall be liable for any attorneys’ fees and costs incurred by The Generator its respective officers and agents in connection with the defense of such a claim or lawsuit.

Insurance

As a user, it is strongly suggested that you carry Work Cover (if applicable), Contents Insurance and Public Liability Insurance to cover your own equipment while using any and all areas at The Generator.

COWORKER BENEFITS

Benefits of each coworker membership offering do not accumulate. If full benefits are not used in the timeframes stated on the membership offering, you forfeit these benefits. This includes benefits including, but not limited to, non-use of access days and printing thresholds.