I. Introduction and Eligibility
These Terms constitute a binding agreement between you and Collective Campus Space, Inc. and its affiliates and subsidiaries (“Collective Campus,” “we,” “us”). “You” and “users” shall mean all visitors to the Collective Campus Service. You accept these Terms each time you access the Collective Campus Service. If you do not accept these Terms, you must not use the Collective Campus Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Collective Campus Service.
This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Collective Campus Space, Inc. and its affiliates and subsidiaries ( “Collective Campus,” “we,” “us” ). “You” and “users” shall mean all visitors to the Collective Campus Service. You accept these Terms each time you access the Collective Campus Service. If you do not accept these Terms, you must not use the Collective Campus Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Collective Campus Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Collective Campus Service after a change to these Terms constitutes your binding acceptance of these Terms. Children. No part of the Collective Campus Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Collective Campus Service.
II. The Collective Campus Service
The “Collective Campus Service” means the website located at collectivecamp.us and any associated software, applications, and Internet services under Collective Campus’s control, whether partial or otherwise, used in connection with providing the services provided by Collective Campus. The Collective Campus Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Collective Campus (collectively, “Courses” ). These Courses are at the intersection of technology, design, and entrepreneurship and may be made available for free or for a fee, in Collective Campus’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors” ), Collective Campus offers a robust curriculum focused on entrepreneurship and practices by which design and technology can be leveraged to create industry-changing products and successful companies. The Collective Campus Service will also permit the community of users of the Collective Campus Service to engage in discussions and communications with one another and with the Instructors.
Sign Up for a Course. You may sign up for a Course using the Collective Campus Service. We cannot promise the availability of the Course.
Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions. The Collective Campus Cancellation Policy is available hereand is incorporated into these Terms.
Please exercise caution, good sense, and sounds judgment when providing information to other users.
Information You Provide to Instructors. Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
We use third-party services to help us provide the Collective Campus Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
Third-Party Services. The Collective Campus Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Collective Campus Service. Some of these third-party websites may use Collective Campus Content (defined below) under license from Collective Campus. Collective Campus is not responsible for these third-party websites, whether or not Collective Campus is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Collective Campus is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Collective Campus Service.
We are not your attorney or financial advisor, and we do not provide any legal or financial advice.
Collective Campus Is Not Your Attorney or Financial Advisor. Do not contact Collective Campus for legal or financial advice. You agree and acknowledge that Collective Campus, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. Collective Campus does not give legal advice in any form or practice law in any way. The information obtained from or through the Collective Campus Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. Collective Campus, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the Collective Campus Service.
Social Sign-On. The Collective Campus Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
Collective Campus may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors.
Featuring a Course or Instructor. The Collective Campus Service may feature a Course or Instructor as an advertisement, but this is not a recommendation of such Course or Instructor. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, Collective Campus makes no representations as to the quality or nature of Courses or Instructors shown on the Collective Campus Service.
With your consent, we may use your Student Work to promote Collective Campus.
Featuring Your Student Work. We may promote Collective Campus using the work you completed as part of completing a Course ( “Student Work” ) with your permission, and you grant Collective Campus a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Collective Campus’s promotional efforts. Our use will be limited to promoting Collective Campus. Collective Campus will include your name and attribute the Student Work to you.
III. Financial Matters
You may have to pay a fee to attend a Course or subscribe to Premium Content through the Collective Campus Service.
Courses. Collective Campus may charge you fees to attend a Course. The amount of any fees may be revised by Collective Campus from time to time and vary from region to region, and topic to topic. Premium Content. Collective Campus charges a monthly fee for a subscription to Premium Content. Premium Content may be available on a free trial or introductory offer basis. If such an offer is provided, only one per household or email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given six-month period unless otherwise stated in the offer. If you do not cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site.
Collective Campus reserves the right to increase the Premium Content subscription fee or institute new charges upon reasonable notice. Fees for a Premium Content subscription are due in advance. You may cancel your membership at any time and such cancellation will be effective at the end of the month in which you provide notice of cancellation. Your membership will automatically renew each month, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically each month, at or around the day of the month corresponding to the day of the month you originally registered for Premium Content at the then-current rate to the credit card you used in your most recent transaction with us. Collective Campus reserves the right to cancel your subscription at any time.
When you sign up for a Course, you agree to pay it. We use third-party service providers, which offer various payment methods. Such payment methods could change.
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Collective Campus Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Collective Campus Service.
Third-Party Payment Processors. Collective Campus currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment. Collective Campus makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Collective Campus Service.
Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to Collective Campus, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
You may send us an email to dispute charges to your account within 30 days of the charge.
Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to Collective Campus within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to use at firstname.lastname@example.org.
Collective Campus may provide refunds at its discretion. Our refund policy is available here.
Refunds. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you, is set forth in the Collective Campus Refund Policy available here and is incorporated into these Terms. A cancellation of a Premium Content subscription will be effective at the end of the month in which we receive notice of cancellation; there will be no pro-rata refunds. Collective Campus may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. Please contact email@example.com to request a refund.
Collective Campus will not collect or pay your taxes.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Collective Campus Service. Collective Campus is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. We accept a variety of international currencies, including U.S. Dollars, Great Britain Pounds, Euros, Hong Kong Dollars and Australian Dollars, depending on where you are located. The currency required for settling transactions with us will be displayed when you check out. Your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes.
You are responsible for all fees charged to make payments using payment processors through the Collective Campus Service.
Fees Charged by Third-Party Payment Processors. The Collective Campus Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Collective Campus is not responsible for any fees charged by them. Collective Campus disclaims all liability with regards to any fees or problems you have with third-party payment processors.
IV. Account Creation and Use by an Agent
You agree that if you create an account and use the Collective Campus Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
V. Your Account
If you create an account, you are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Collective Campus Service.
To use some parts of the Collective Campus Service, including Premium Content, you must create an account. If you subscribe to Premium Content, you will need to provide us with your name, email address and billing address, as well as your credit card information. You represent and warrant that the information you provide to Collective Campus upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
Collective Campus may communicate with you by email or posting notice on the Collective Campus Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes. Electronic Notices. By using the Collective Campus Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Collective Campus Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Collective Campus Service or sending an email to you. You may have a legal right to receive this notice in writing.
VII. Collective Campus's Content Ownership and Use
Collective Campus owns all of the content we create, but you may use it while you use the Collective Campus Service. You cannot use our logo without our written permission.
The contents of the Collective Campus Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Collective Campus content (collectively, “Collective Campus Content” ). All Collective Campus Content and the compilation (meaning the collection, arrangement, and assembly) of all Collective Campus Content are the property of Collective Campus or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Collective Campus Service and the Collective Campus Content solely for the use of Collective Campus’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Collective Campus Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Collective Campus Content on any copy you make of the Collective Campus Content.
No material made available on or through the Collective Campus Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Collective Campus Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Collective Campus Service.
Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Collective Campus Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Collective Campus or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the Collective Campus Service, even if authorized for download from the Collective Campus Service, may be redistributed, nor may they be used for any commercial purpose, without Collective Campus’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Additional Licenses. Certain materials made available for download from or through the Collective Campus Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights. There are no implied licenses granted in these Terms.
Collective Campus Marks. Collective Campus, the Collective Campus logo, and other Collective Campus logos and product and service names are or may be trademarks of Collective Campus (the “Collective Campus Marks” ). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Collective Campus Marks.
VIII. Intellectual Property Rights and Our License to Use
You, or the people who allow you to use their content, own all of the content you post using the Collective Campus Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
You waive any rights you may have regarding Your User Content, except for Student Work, being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion. Collective Campus will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Collective Campus Service. If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the Collective Campus Course area of the Schoology platform.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Collective Campus Service, any right, title, or interest (including intellectual property rights) in content delivered via the Collective Campus Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Collective Campus Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Collective Campus Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Collective Campus Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Collective Campus Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. The Collective Campus Service contains content from users and other Collective Campus licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Collective Campus Service.
IX. Copyright Policy
Tell us if you think a user has violated your copyright using the Collective Campus Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA” ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Collective Campus Service infringe your copyright, you (or your agent) may send Collective Campus a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Collective Campus Service are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Collective Campus to locate the material on the Collective Campus Service; Your name, address, telephone number, and email address (if available); A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
X. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Collective Campus Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ( “creative ideas” ), we shall:
own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XI. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Collective Campus Service or content available on the Collective Campus Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ( “User Content” ). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Collective Campus Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You are solely responsible for Your User Content on the Collective Campus Service. Collective Campus does not endorse any, nor is it responsible for, User Content on the Collective Campus Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Collective Campus Service, try to break it, or steal our hard work.
You agree to use the Collective Campus Service only for its intended purpose. You must use the Collective Campus Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Collective Campus Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Collective Campus Service, user accounts, or the technology and equipment supporting the Collective Campus Service; frame or link to the Collective Campus Service without permission; use data mining, robots, or other data gathering devices on or through the Collective Campus Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Collective Campus Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the Collective Campus Service after your account has been terminated, without our consent; use the Collective Campus Service in an illegal way or to commit an illegal act in relation to the Collective Campus Service or that otherwise results in fines, penalties, and other liability to Collective Campus or others; or access the Collective Campus Service from a jurisdiction where it is illegal or unauthorized.
XII. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Collective Campus Service.
We reserve the right to suspend or terminate your account and prevent access to the Collective Campus Service for any reason, at our discretion. We reserve the right to refuse to provide the Collective Campus Service to you in the future. Collective Campus may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Collective Campus Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Collective Campus Service.
XIII. Collective Campus's Liability
We are not liable for the actions of our users when they use the Collective Campus Service. We may also change the Collective Campus Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Collective Campus Service or other websites.
Changes to the Collective Campus Service. We may change, suspend, or discontinue any aspect of the Collective Campus Service at any time, including hours of operation or availability of the Collective Campus Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Collective Campus Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Collective Campus of all claims, demands, and damages in disputes among users of the Collective Campus Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Collective Campus Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Collective Campus Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Collective Campus Service. Use the Collective Campus Service at your own risk.
Third-Party Websites. The Collective Campus Service may include links to third party websites and applications, such as Schoology. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Collective Campus Service.
Released Parties Defined. “Released Parties” include Collective Campus and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors. A. DISCLAIMER OF WARRANTIES
You use the Collective Campus Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE COLLECTIVE CAMPUS SERVICE IS AT YOUR SOLE RISK, AND THE COLLECTIVE CAMPUS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE COLLECTIVE CAMPUS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT
(i) THE COLLECTIVE CAMPUS SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE COLLECTIVE CAMPUS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COLLECTIVE CAMPUS SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE COLLECTIVE CAMPUS SERVICE WILL MEET YOUR EXPECTATIONSAND, AND
(iv) ANY ERRORS IN THE COLLECTIVE CAMPUS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COLLECTIVE CAMPUS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Collective Campus Service. You may be responsible for our legal fees and costs arising out of your use of the Collective Campus Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLECTIVE CAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE COLLECTIVE CAMPUS SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE COLLECTIVE CAMPUS SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE COLLECTIVE CAMPUS SERVICE;
(v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR
(vi) ANY OTHER MATTER RELATING TO THE COLLECTIVE CAMPUS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE COLLECTIVE CAMPUS SERVICE OR YOUR USE OF COLLECTIVE CAMPUS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from
(i) your use of or reliance on any third-party content,
(ii) your use of or reliance on any Collective Campus Content, or
(iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. General Terms
These Terms constitute the entire agreement between you and Collective Campus concerning your use of the Collective Campus Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Collective Campus Desk Licensee Terms & Conditions
0. This Agreement
1. This agreement is between Arbalest Consulting Pty Ltd T/A Collective Campus ABN 30 162 159 169 (Collective Campus) and the desk licensee (“You”) at the property known as Level 1 & 4, 20 Queen Street, Melbourne, VIC (Premises).
2. The whole of the Premises remains in Collective Campus’s possession and control at all times.
3. You accept that this agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the Premises.
4. Collective Campus is giving you the right to share with Collective Campus the use of the Premises on these terms and conditions, as supplemented by the Code of Conduct, so that Collective Campus can provide the services to you.
1. The Premises are to be used solely for office purposes only.
2. Resident and Partner members may apply to use the Premises address as their business address. Any other uses are prohibited without Collective Campus prior written consent.
1. Collective Campus is to provide the number of desks for which you have agreed to pay for the use at the Premises as stated in this agreement.
2. Collective Campus will initially allocate a desk for your use. You will have a non-exclusive right to the desk allocated to you.
3. You agree that you may be assigned to another desk at any time with one week’s notice by Collective Campus in writing.
4. Collective Campus is to provide during normal opening hours the services. Partner members are able to apply for and obtain 24/7 Access cards.
5. Collective Campus does not make any representations as to the security of Collective Campus network or the internet or of any information that the client places on it. You should adopt whatever security measures (e.g. encryption) you believe is appropriate to your circumstances. Collective Campus cannot guarantee that a particular degree of availability will be attained in connection with your use of Collective Campus network or internet. Your sole and exclusive remedy shall be the remedy of such failure by Collective Campus within a reasonable time after written notice.
1. You agree to comply with any Code of Conduct which Collective Campus imposes generally on users of the Premises, the Code of Conduct may change at anytime by Collective Campus and without any notice to you.
2. The Code of Conduct will be displayed http://queenscollective.com.au/codeofconduct/. You agree to check the Code of Conduct regularly.
3. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas.
4. You must comply with any insurance, sprinkler and fire alarm regulations.
5. You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal in connection with your use of the Premises. You must not do anything that may interfere with the use of the Premises by Collective Campus or by others, cause any nuisance or annoyance, increase the insurance premiums Collective Campus has to pay, or cause loss or damage to Collective Campus (including damage to reputation) or the owner of any interest in the Premises which you are using.
You acknowledge that:
6. The terms of clause 3.5 are a material inducement in Collective Campus’ execution of this agreement, and any violation by you of clause 3.5 will constitute a material default by you under this agreement, entitling Collective Campus to terminate this agreement, without further notice or procedure.
1. This agreement lasts for the period as agreed between you and Collective Campus at the time of commencement (as per the Cobot management system).
2. You agree that you are not automatically entitled to a desk after the period for which you have licensed the desks and you understand that renewal terms and any extensions are at the discretion of Collective Campus. 3. You understand that if you do not continue to licence a desk on the premises, your access to the premises and shared resources will be revoked. These include but are not limited to swipe card/key, and access to meeting room bookings.
5. Licensee/Membership fees
You agree to pay the desk licence fees at least one full month in advance each month. A (30) day notice period (from the date of your last invoice) is required for any membership cancellations or downgrades to a lower plan. 2. You agree to make yourself familiar with the latest fees and reservation process that will be posted on Cobot. 3. If you pay licensee fees and don’t take up the desk reserved for you, you understand that will not be entitled to a refund on these fees. 4. You must pay your invoice by the due date as specified in the invoice. The invoice will be delivered by email. 5. If you do not pay fees when due, a fee may be charged on all overdue balances. If you dispute any part of an invoice then you must pay the amount not in dispute by the due date or be subject to late fees. Collective Campus reserves the right to withhold services (including for the avoidance of doubt, denying you access to the Premises) while there are any outstanding fees and/or interest or you are in breach of this agreement.
6. Employee Engagement
At any time during your licence term, and for a period of 6 months after your licence term ends, you must not approach any person, who is an employee of or contractor to Collective Campus, for the purpose of persuading that person to terminate his or her employment or contract, or otherwise in any way solicit, employ or contract such persons.
- To the maximum extent permitted by applicable law, Collective Campus may put an end to this agreement immediately by giving you notice to end your licence term and remove access to the Premises and without need to follow any additional procedure or to reimburse you for any licence fees paid in advance if:
1. You become insolvent, bankrupt, go into liquidation or become unable to pay your debts as they fall do, or
2. You are in breach of one of your obligations under this agreement which cannot be put right or Collective Campus has given you notice to put right and which you have failed to put right within 14 days of that notice, or
3. Your conduct, or that of someone at the Premises with your permission or invitation, is incompatible with ordinary office use.
4. You breach your obligations under clause
5. In the event that Collective Campus is permanently unable to provide the services at the Premises stated in this agreement then this agreement will end and you will only have to pay monthly fees up to the date it ends and for any additional services you have used.
7. When this agreement ends you are to vacate the Premises immediately, leaving the place in the same condition as it was when you took it. Collective Campus reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If you leave any property in the Premises Collective Campus may dispose of it at your cost in any way Collective Campus chooses without owning you any responsibility for it or any proceeds of sale.
8. Collective Campus’s Liability
1. You agree to indemnify and hold harmless Collective Campus from any and all liabilities arising out of your use of services under this agreement.
2. To the maximum extent permitted by applicable law, Collective Campus is not liable to you in respect of any loss or damage you suffer in connection with this agreement, with the services or with the use of the Premises unless Collective Campus has acted deliberately or negligently in causing that loss or damage. Collective Campus is not liable for any loss as a result of Collective Campus’ failure to provide a service as a result of mechanical breakdown, strike, termination of Collective Campus interest in the building containing the Premises or otherwise unless Collective Campus does so deliberately or is negligent.
3. In no event shall Collective Campus be liable for any loss or damage until you provide Collective Campus written notice and give Collective Campus a reasonable time to put it right. If Collective Campus is liable for failing to provide you with any service under this agreement then subject to the exclusions and limits set out under this clause, Collective Campus will pay any actual and reasonable expenses that you have incurred in obtaining that service from an alternative source. If you believe Collective Campus has failed to deliver a service consistent with these terms and conditions you shall provide Collective Campus written notice of such failure and give Collective Campus reasonable period to put it right.
4. Collective Campus will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss unless Collective Campus otherwise agrees in writing. Collective Campus strongly advises you to insure against all such potential loss, damage, expense or liability.
5. In all cases, Collective Campus’ liability is limited to the total fees paid by you for the use of the services.
1. You must not alter any part of the setup of the Premises and must take good care of all parts of the Premises, its equipment, fixtures, fittings and furnishings which you use. You are liable for any damage caused you or those of the Premises with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the Premises.
2. You must not install any cabling, IT or telecom connections without Collective Campus’s consent, which Collective Campus may refuse at its absolute discretion.
3. You agree that from time to time your desk may be used for events. You will be emailed in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft but you are ultimately responsible for any such loss or damage.
4. You agree to bind any guest you bring to the premises to these terms. You agree to accompany them at all times while they are on the premises.
5. You agree that you are solely responsible for the security of your property on the premises. It is your responsibility to arrange insurance for your own property which you bring to the Premises and for your own liability to your employees and to third parties. Collective Campus strongly recommends that you put such insurance in place.
6. All formal notices must be in writing to the email address first registered and agreed with Collective Campus, as the email address for all correspondences. Curren
7. This agreement is interpreted and enforced in accordance with the law of the state of Victoria. Collective Campus and you accept the exclusive jurisdiction of the courts of Victoria. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.