Effective date January 1, 2017
Cub Network Pty Ltd ACN 169 273 367 (Cub)
You (and Your) refers to a member noted on the Membership Form.
Cub Club means Cub premises located at 3 Kings Cross Road, Potts Point NSW 2011.
1. Introduction and application
1.1 Terms and Conditions set out herein together with the Membership Form, being Cub’s on-line membership form for use of the Cub Club located at https://membership.cub.club/membership-form/ form the whole agreement between You and Cub (Agreement).
1.2 The Agreement commences on the day you receive a written confirmation from the Cub Club that your Membership Form has been accepted by the Cub Club.
1.3 Each Member to the Cub Club is responsible for complying with, and ensuring that their guests comply with, these Terms and Conditions.
1.4 Where capitalised terms are not defined in these Terms and Conditions, they have the same meaning as set out in the Membership Form.
1.5 These Terms and Conditions are effective from the date of publication shown below and may be amended from time to time.
2.1 Cub grants to You a licence to use the Cub Club whilst you pay the Membership Fee and perform Your obligations under the Agreement or until such time that Your membership terminates
2.2 You are entitled to:
A access to the Cub Club facilities including offices, meeting rooms and boardrooms (meeting rooms and boardrooms cannot be occupied by You for more than 4 hours in any one day), formal lounge and bar areas;
B access to the Cub Club services including Cub Connections, Advisory Board, Events and mobile networking application;
C attend networking events;
D access to the Cub Club partner discounts and special offers; and
E use the common areas of the Building, including any kitchen and kitchen facilities, toilets and washroom facilities, rubbish storage and removal, and other common facilities, as designated by Cub from time to time in common with other users of the Club.
2.3 You must only use the Cub Club facilities and services for their proper purpose and must otherwise comply with the terms of the Agreement in relation to those facilities or services.
2.4 Subject to You complying with Cub’s reasonable requirements in relation to the use of the Cub Club, access to the Cub Club will be available during the Access Hours, unless the access to the Cub Club is limited and or not available due to public holidays or any other unforeseen event.
2.5 You are not given an exclusive right of use to the Cub Club.
2.6 You must not assign or sub-licence Your membership rights under the Agreement, or otherwise share the use of the Cub Club with any third party.
2.7 Cub reserves the right to vary the facilities and services it provides if and when such is necessary or required.
3. Membership period
3.1 The Agreement commences on the Membership Commencement Date and continues for the period of 12 months unless some other period is specified in the Membership Form (Membership Period).
3.2 After the Membership Period the Agreement continues as a monthly agreement until such time that it is renewed or terminated in accordance with these terms. Correspondence is recorded in order to provide service references, and to assist in our staff development.
4. Membership fee and other expenses
4.1 You must pay the Membership Fee during the Membership Period to Cub monthly in advance by direct debit. The Membership Fee is charged by Cub on either the 1st day of every month or the 16th day of every month, whichever is the earlier after your Membership Commencement Date, and will continue to be charged on the same day every calendar month thereafter, unless You have prepaid your Membership Fee in advance.
4.2 You must pay the Membership Fee without demand, set-off or deduction.
4.3 You are not entitled to any refund of the Membership Fee paid if You do not use the Cub Club during the Membership Period or if the Agreement is terminated early because You have failed to comply with Your obligations under the Agreement.
4.4 You must pay Cub on demand, all costs and expenses, for additional services requested by You, which are not covered by the Membership Fee (see clause 2.2) (including telephone, facsimile, internet, boardroom or meeting room (if used for more than 4 hours per day) and other communication services, refreshments or food) at the Cub Club Price List Prices or Menu Prices.
4.5 If You do not pay money owing to Cub under the Agreement by the due date, Cub reserves the right to charge you interest on the unpaid amount at the rate of 12% per annum. Interest will be calculated daily from the due date up to and including the date Cub receives full payment.
4.6 Any amounts payable under the Agreement are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999) and You are responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from Your use of the Cub Club or any other goods or services offered or provided in connection with Your membership to the Cub Club.
4.7 Cub may amend the Membership Fee at any time by providing you with a 30 days’ notice.
5. Use of the CUB club
5.1 You must:
A only use the Cub Club for the purpose of receiving the services and using the facilities provided by Cub;
B only access the Cub Club during the Access Hours;
C keep the Cub Club clean and tidy;
D not leave any belongings or cause or permit any rubbish to be left at the Cub Club;
E comply with all reasonable directions and requirements of Cub relating to the access and use of the Cub Club;
F comply in all respects with any rules made by Cub and notified to You in relation to the Cub Club, including the Cub Membership Rules and Cub Etiquette, both located on the Cub website cub.club;
G comply with all laws and requirements of any authority relating to Your use of the Cub Club;
H not use the Cub Club for any illegal or immoral purpose;
I use all services, fixtures, fittings, pltnt, equipment, furniture and other belongings in the Cub Club for their proper purpose and not cause any damage to any such items;
J not remove any services, fixtures, fittings, plant, equipment, furniture or other belongings of Cub from the Cub Club;
Knot do anything in, or in the vicinity of, the Cub Club which, in Cub’s reasonable opinion, is annoying, dangerous or offensive to Cub or other members of the Cub Club;
L not bring or suffer to be brought into the Cub Club any noxious, noisome, explosive or inflammable thing or substance; and
Mnot allow anything to be done in the Cub Club which may invalidate or increase the premium payable on the Cub’s insurance policy for the Club.
5.2 If security keys or a security pass is required to access the Cub Club, Cub will issue to You one set of security keys or pass. If You lose the security keys or pass, you must pay Cub on demand the cost of replacing the security keys or pass.
5.3 Cub is under no duty to check or verify the identity, authority or good faith of any person seeking to enter the Cub Club.
5.4 Cub may not supervise the use of, and does not guarantee the security or quality of internet or other Cub Club facilities or equipment. Cub is not liable for any third party content in the internet that You may find offensive, upsetting or defamatory. Cub is not liable for any personal security breaches suffered by You or Your guests when using the Cub Club facilities or services including internet or for any loss or damage suffered as a result of the unavailability of the Cub Club facilities, services, equipment or internet, including interruptions during use.
5.5 Cub may film or photograph the club and as a result you may appear in the background. Whilst using the Cub Club, you allow Cub to use your image in any Cub promotional and or other business related material.
5.6 You acknowledge that Cub may suspend Your access to the Cub Club by deactivating your security pass if You have breached any terms or conditions of the Agreement.
6.1 You must promptly notify Cub of any damage or defect to any fixtures, fittings, plant, equipment, furniture or other articles in the Cub Club whether or not caused by You.
6.2 You must pay Cub on demand all reasonable costs and expenses for the repair (or replacement) and make-good of any damage caused by You (or any person you permit to access the Cub Club) to the Cub Club, any fixtures, fittings, plant, equipment, furniture or other articles in the Cub Club.
7.1 Your membership to use the Cub Club and the Agreement will terminate when:
A You terminate the Agreement by providing us with a 30 days’ notice; or;
B Cub terminates the Agreement by providing you with a 30 days’ notice in writing; or
C Cub provides you a notice in writing with immediate effect, due to You not paying the Membership Fee or other money owed to Cub Club as and when the payments fall due in accordance with the Agreement, or You are otherwise in breach of the terms of the Agreement.
7.2 On termination of the Agreement, You must:
A return to Cub all keys and other security devices issued to You (or pay the replacement cost to Cub of any keys or security devices issued to You that have not been returned); and
B remove all of Your property and belongings from the Cub Club.
7.3 If You do not comply with clause 7.2, Cub may:
A remove any property belonging to You that has been left in the Cub Club at Your risk and at Your cost; and
B deal with any property belonging to You as if it were the property of Cub; and
C undertake any works, including cleaning and making good any damage to the Cub Club resulting from a breach of the Agreement by You at Your cost.
7.4Cub accepts no responsibility for any property or belongings which You leave in the Cub Club following termination of the Agreement.
7.5Cub may retain any belongings left by You at the Cub Club until You pay the costs incurred by Cub in their removal and storage and any other money owing by You to Cub under the Agreement.
7.6 If You terminate the Agreement during the Membership Period in accordance with clause 7.1(a), Cub may, at its sole discretion, but is not obliged to, refund part of the prepaid Membership Fee.
8. Release and indemnity
8.1 You agree to use the Cub Club solely at your own risk. All conditions, warranties and terms implied by custom, general law or statute which apply to the use of the Cub Club are excluded to the full extent permitted by law.
8.2 You acknowledge that some of the facilities or services which are offered or provided to You in addition to the facilities and services provided by Cub are supplied by third party suppliers. The provision of those facilities or services will be subject, in each case, to the terms and conditions of those suppliers and any claims relating to the supply of those third-party facilities or services should be made to those suppliers.
8.3 Cub is not responsible or liable for:
A any loss or damage to any of Your belongings in the Cub Club;
Bany injury or death done or suffered by You or other person claiming through You in the Cub Club; or
C any advice, counsel, guidance or solution proposed or provided to You by the Cub Club.
8.4 You indemnify Cub against:
A all losses and liabilities suffered or incurred by Cub; and
B all legal costs (on full indemnity basis) and other expenses incurred by Cub in connection with a demand, action, arbitration or other proceeding; arising directly or indirectly as a result of or in connection with:
C a breach or non-performance of any of Your obligations under the Agreement; or
D Your use of the Cub Club,
unless such losses, liabilities, demands or costs have been directly contributed to by the negligent acts of the Cub Club.
9.1 You must keep all of the confidential information including, trade secrets, know-how, scientific, technical, product, market or pricing information relating to any other Cub Club members, or Cub Club members’ businesses or the Cub Club itself, which is not in the public domain and includes any information designated to be confidential or any other information which becomes known by You during your membership at the Cub Club and which is confidential, confidential (Confidential Information).
9.2You may only disclose the Confidential Information:
A where required by operation of law but only where You notify the Cub Club and give the Cub Club reasonable opportunity to prevent the disclosure being required; and
B where the information has entered the public domain (other than as a result of a breach of this clause 9).
10.2 If any provision of the Agreement is illegal, void or unenforceable, that provision will be ineffective and is severed from the Agreement to the extent only of that illegality, voidability or unenforceability. All remaining provisions are to be enforceable.
10.3 Cub may assign its rights and interests or novate its rights and obligations under the Agreement.
10.4 The Agreement is the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.
10.5 You represent and warrant that You have not relied on any representations or warranties about the subject matter of the Agreement except as expressly provided in the Agreement.
10.6 The Agreement is governed by and You submit to the laws of the State of New South Wales and the non-exclusive jurisdiction of the courts of New South Wales.
10.7 In the Agreement the following rules of interpretation apply unless the contrary intention appears:
A an agreement on the part of two or more persons binds them jointly and severally;
B the singular includes the plural and vice versa;
C words that are gender neutral or gender specific include each gender;
D where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; and
E the words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.