Terms And Conditions

THE PLATFORM – PARTNER ORGANISATIONS
TERMS AND CONDITIONS

1. Definitions and Interpretation

1.1 In these Terms, the following definitions apply unless a contrary intention appears:

  1. (1)  “Annual Fee” means the non-refundable amount payable in respect of an Applicant’s approval as a Member;

  2. (2)  “Applicant” means an individual or entity who makes an Application;

  3. (3)  “Application” means Applicant’s application to The Platform to become a

    Partner;

  4. (4)  “Application Form” means the application form from time to time by which the Applicant makes the Application;

  5. (5)  “Associate Member” means an Applicant referred to as a Strategic Partner who is admitted by The Platform on the basis of satisfying the criteria under clause 2.2;

  6. (6)  “Building” means the building situated at 256 Adelaide Terrace, Perth or such other building occupied by The Platform from time to time;

  7. (7)  “Confidential Information” means all information, in whole or in part, that is disclosed by The Platform or any of its employees, affiliates, or agents that is non-public, confidential or proprietary in nature including, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that the Member is obligated to keep confidential or know or have reason to know should be treated as confidential;

  8. (8)  “Full Member” means an Applicant referred to as a Partner who is admitted by The Platform on the basis of satisfying the criteria under clause 2.1;

  9. (9)  “Invitees” means all of the Member’s officers, employees, contractors, volunteers and guests who attend the Premises;

  10. (10)  “Member” means Full Member or Associate Member as the case requires. The term “Member” is used interchangeably with the term “Partner”;

  11. (11)  “Membership Period” means 12 months commencing from the date the Applicant is accepted as a Member under clause 4.3;

  12. (12)  “Permitted Use” means such use of the Premises by the Member as approved by the Platform;

  13. (13)  “Platform’s Equipment” means The Platform’s plant, equipment, fittings, fixtures, partitions, furniture and furnishings, window coverings, floor coverings, light fittings, toilets and urinals and other services within the Premises;

2.2 An

  1. (a)  health and mental health;

  2. (b)  human exploitation;

  3. (c)  indigenous disadvantaged;

  4. (d)  poverty alleviation;

  5. (e)  youth at risk; or

  6. (f)  such other social causes deemed by The Platform as in keeping with The Platform’s mission.

Applicant is eligible to be admitted as an Associate Member if:

(14) “Premises” means the events space located at Level 3 of the Building, or such other premises occupied by The Platform from time to time, including any common areas and car parking which the Partner is permitted to use;

(15) “Terms” means this document and any schedule or annexure to it;

(16) “The Platform” means The Platform Perth Limited.

  1. 1.2  These Terms are to be read in conjunction with the Application Form. If there are any inconsistencies between these Terms and the Application Form, the Application Form prevails to the extent of the inconsistency.

  2. 1.3  Nothing in the Application Form and these Terms should be read to imply that The Platform Perth Limited and the Member are in an employment, agency or partnership relationship.

2. Eligibility to Become a Member

2.1 An

  1. (1)  the Applicant is a charity, not-for-profit organisation or social enterprise;

  2. (2)  the Applicant engages in one or more of the following social causes:

Applicant is eligible to be admitted as a Full Member if:

  1. (1)  The Platform determines, in its sole discretion, that the Applicant’s use of the Premises and association with The Platform will:

    1. (a)  be beneficial to The Platform or its members; and

    2. (b)  further The Platform’s mission; and

  2. (2)  The Associate Member commits to provide pro-bono services for the benefit of The Platform or its members as agreed by The Platform.

  1. 2.3  If the Applicant is an individual, the Applicant must be over the age of 18 years.

  2. 2.4  The Applicant warrants that:

    1. (1)  they are at least 18 years of age;

    2. (2)  they have legal capacity to enter into a binding contract; and

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(3) if the Applicant is an entity, the person making the Application on its behalf is properly authorised to bind the entity to these Terms pursuant to any relevant constitution or governing rules.

3. Application to Become a Member

3.1 A person or entity seeking to become a Member must make the Application using the Application Form.

4. Dealing with Applications

  1. 4.1  The Platform reserves the right to:

    1. (1)  refuse the Application;

    2. (2)  approve the Application; or

    3. (3)  approve the Application but impose any additional conditions as The Platform sees fit;

    in The Platform’s sole discretion without the need to provide any reasons.

  2. 4.2  If the Application is accepted, the Applicant must pay the amount of the Annual Fee to The Platform within 14 days of the Application being approved.

  3. 4.3  An Applicant becomes a Member when:

    1. (1)  The Platform accepts the Application; and

    2. (2)  the Applicant pays the Annual Fee;

    and will be a Member from the date of approval (being the date the approval email is sent to the Member) until the end of the Membership Period.

  4. 4.4  If no later than 30 days before the end of the Membership Period, The Platform gives the Member notice of renewal of membership, and subject to the Member paying the Annual Fee specified in the notice, the Member’s membership will be extended for the next Membership Period.

5. Membership Benefits

  1. 5.1  The Member is entitled to the benefits set out in Schedule 1 according to their category of membership.

  2. 5.2  From time to time, The Platform may offer other benefits to Members from third parties. If the Member chooses to avail itself of those benefits, the Member acknowledges that it will be solely responsible to the third party for the costs of those benefits and the Member releases The Platform from any claim or liability in respect of the Member’s use of those benefits.

6. Obligations of Members

6.1 The Member must not:
(1) engage in any conduct which will bring The Platform into disrepute;

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  1. (2)  violate any applicable laws or regulations;

  2. (3)  defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others;

  3. (4)  hold itself out as a representative of The Platform or attempt to assume any obligations on behalf of The Platform;

  4. (5)  disclose, commercialise or otherwise use any Confidential Information provided to the Member in the course of its membership other than for the purposes authorised by the provider of the information.

7. Use of Premises

  1. 7.1  The Member must only use the Premises for the Permitted Use during the times approved by The Platform.

  2. 7.2  The Member must, where necessary, obtain relevant approvals and licences for the Permitted Use at the Member’s own cost.

  3. 7.3  The Platform, and any of its staff members and volunteers, have the right to attend the Premises at any time, including to inspect any event conducted by the Member subject to the attendance not disrupting the Member’s event.

  4. 7.4  The Member acknowledges that other users may use other parts of the Premises at the same time as the Member except where the Member has been granted exclusive use of the entire Premises. The Platform will use its best endeavours to ensure that concurrent users are not disruptive to each other.

  5. 7.5  The Member must:

    1. (1)  comply, and ensure that its Invitees comply, with all rules and such other reasonable directions made by The Platform from time to time;

    2. (2)  not use candles or any device with an open flame;

    3. (3)  not use a deep fryer or cook (apart from oven cooking);

    4. (4)  not alter, add to or affix anything to the Premises without The Platform’s prior written consent;

    5. (5)  as soon as possible, notify The Platform of any damage to or any defect in the Premises or The Platform’s Equipment;

    6. (6)  make good any damage to the Premises or The Platform’s Equipment caused by the Member or its Invitees;

    7. (7)  not attempt to undermine the security or integrity of The Platform’s computing systems or networks;

    8. (8)  not attempt to gain unauthorised access to any materials, other than those to which the Member has been given express permission to access, or to The Platform’s computer system;

    9. (9)  not transmit or introduce to The Platform’s computer systems or via The Platform’s internet account any:

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  1. (a)  files that may contain a virus or may damage any other person’s computing devices or software;

  2. (b)  content that may be offensive; or

  3. (c)  material or data in violation of any law (including data of other material protected by copyright or trade secrets which the Member does not have the right to use);

  1. (10)  not install and cabling, IT or telecommunications at the Premises without the consent of The Platform (which The Platform may refuse in its absolute discretion);

  2. (11)  not leave any valuable possessions unattended at the Premises.

  1. 7.6  If the Member uses the Premises outside the hours of 8.30 am to 5.00 pm, Monday to Friday, and during such usage the Member or its Invitees trigger a false fire alarm, the Member must reimburse The Platform on demand the Department of Fire and Emergency Services’ call-out fee charged to The Platform.

  2. 7.7  The Member must immediately on demand reimburse The Platform for any costs incurred by The Platform in repairing any damage caused to the Premises or The Platform’s Equipment as a result of the Member’s usage.

  3. 7.8  The Member is responsible for the costs of servicing or repairing any of The Platform’s Equipment if the damage is caused by any viruses introduced by the Member.

8. Booking Spaces

  1. 8.1  Subject to clause 8.7, the Member must use The Platform’s online booking system to book a space and (where applicable) pay the associated booking fee for using any of the spaces within the Premises.

  2. 8.2  The Member must not book spaces within the Premises unless it genuinely requires the use of the space to carry out its activities.

  3. 8.3  If, due to a change in the Member’s circumstances, a booked space is no longer required, the Member must cancel its booking as soon as practicable.

  4. 8.4  No booking fees will be payable where bookings are cancelled at least 3 days (72 hours) before the event/meeting. Cancellations cannot be made within 3 days of the booking and hence the full booking fee will be payable.

  5. 8.5  The Member must ensure that the number of Invitees using a booked space do not exceed the maximum specified capacity for the relevant space.

  6. 8.6  The Member must ensure that all its Invitees are at least 18 years of age unless prior written permission is given by The Platform.

  7. 8.7  Events at “The Grove” or Requiring the Entire Premises

(1) A Member wishing to hold an event in the space known as “The Grove” or wishing to use the entire Premises exclusively must make a written request to The Platform at least 4 weeks before the date of the proposed event.

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  1. (2)  The Member acknowledges that the maximum capacity of the Premises for such events is as follows:

    1. (a)  120 Invitees (theatre style); or

    2. (b)  150 Invitees (cocktail style).

  2. (3)  At least 48 hours before the event:

    1. (a)  a representative of the Member must attend a briefing with a staff member of The Platform to review relevant checklists, procedures and forms;

    2. (b)  each of the Member’s events personnel must complete The Platform’s online induction training on the use of the Premises.

  3. (4)  Any non-compliance with this clause 8.7, including failure to complete and submit the Lockup Form or exceeding the maximum capacity of the relevant space may result in The Platform terminating the Member’s use of Premises or terminating or suspending the Member’s membership.

9. Access Cards

  1. 9.1  If the Member is provided with an access card to the Premises, the Member acknowledges that the access card remains the property of the Building manager.

  2. 9.2  The Member must return the access card to The Platform at any time upon request or in the absence of a request, at the end of the Membership Period.

  3. 9.3  If the Member loses the access card, the Member must pay for the replacement cost of the access card.

10. Confidential Information

9.1 The Member must:

  1. (1)  maintain all Confidential Information in strict confidence;

  2. (2)  not disclose Confidential Information to any third parties; and

  3. (3)  not use Confidential Information in any way directly or indirectly detrimental to The Platform.

11. Insurances

  1. 11.1  The Platform maintains a public liability, contents and other insurance policies (“Policies”) in relation to the Premises.

  2. 11.2  The Member acknowledges that The Platform’s Policies only cover The Platform’s property and does not extend to any property the Member or its Invitees bring into the Premises.

  3. 11.3  The Platform does not accept any responsibility for loss or damage to any of the Members or its Invitees’ property brought into the Premises.

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  1. 11.4  The Member must not do or omit to do anything which results in:

    1. (1)  cancellation of any of The Platform’s Policies;

    2. (2)  refusal to renew any of The Platform’s Policies;

    3. (3)  refusal of a claim under any of The Platform’s Policies; and

    4. (4)  an increase in the premiums for any of The Platform’s Policies.

  2. 11.5  The Member is responsible for any claims that result from the Member’s use of the Premises, including but not limited to physical injuries, breach of copyright, misleading or deceptive conduct and any contravention of the law. The Member indemnifies The Platform for any claims to which The Platform may be subject as a result of the Member’s use of the Premises.

12. Termination and Suspension

12.1 The Platform may, in addition to any other remedies or causes of action available to it

at law, terminate or suspend (at The Platform’s discretion) the Member’s membership

prior to the expiry of the Membership Period if:

(1) the Member breaches any of these Terms and the breach is unable to be

unremedied;

(2) the Member breaches any of these Terms and, if the breach can be remedied,

the Member fails to rectify the breach within 7 days of The Platform’s notifying

the Member of the breach and requiring the breach to be remedied;

(3) the Member becomes insolvent, bankrupt, goes into liquidation or becomes

unable to pay its debts as and when they fall due;

(4) the Member’s conduct, or that of its Invitee, brings The Platform into disrepute;

or

(5) The Platform, acting reasonably, is no longer able to provide the Member with

access to the Premises.

12.2 If the Member’s membership is terminated or suspended by The Platform, the

Member acknowledges that it is not entitled to a refund of Annual Fee.

12.3 Upon termination or expiry of the Member’s membership, the Member must

immediately:

  1. (1)  remove any of its property from the Premises;

  2. (2)  vacate the Premises in a respectful manner;

  3. (3)  leave the Premises in a clean state; and

  4. (4)  return to The Platform any keys or access cards to the Premises.

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12.4 If the Member leaves any property in the Premises following termination or expiry of

its membership, The Platform may dispose of such property at the Member’s cost

(and charge to the Member accordingly) in any way The Platform chooses without

liability or responsibility to the Member.

13. Releases and Indemnities

  1. 13.1  The Member releases The Platform and its employees, officers and volunteers from any or all liability for:

    1. (1)  loss or damage to property (including equipment and personal property); and

    2. (2)  injury to, illness or death of any person;

    in or about the Premises, except to the extent that such loss, damage, injury, illness or death was caused by The Platform.

  2. 13.2  The Platform shall not, at any time or in any way, be liable to the Member of its Invitees for the failure of any air conditioning, electrical, water or other services to the Premises. The Member releases The Platform from all liability for:

    1. (1)  loss or damage to property (including equipment or personal property); and

    2. (2)  injury to, illness or death of any person;

    in or about the Premises arising from the same.

  3. 13.3  If an unexpected event occurs that is out of The Platform’s control (for example, power failure, building lockdown, water outage, fire, equipment breakdown) that may prevent the Member accessing or using the Premises, the Member agrees that The Platform will not be liable for any loss the Member or its Invitees may suffer as a result of the Member’s inability to use the Premises at the booked time.

  4. 13.4  The Member indemnifies The Platform against all claims and all costs, liability and expenses suffered or incurred by The Platform, arising wholly or in part from:

    1. (1)  the Member’s use of the Premises;

    2. (2)  the Member’s breach of these Terms; or

    3. (3)  the Member’s or its Invitees’ acts or omissions in respect of:

      1. (a)  loss of or damage to property;

      2. (b)  injury to or illness or death of any person; or

      3. (c)  damage to the Premises or the Building;

except to the extent that such loss, damage, injury, illness or death was caused by The Platform.

14. Amendments

14.1 The Platform may amend these Terms from time to time by giving you written notice of the amended Terms.

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14.2 The Platform may amend the rate of the Annual Fee and any booking fees for use of the spaces within the Premises from time to time.

15. Privacy

15.1 The Platform will use the Member’s Personal Information only as described in the

Privacy Policy.

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SCHEDULE 1 Membership Benefits

Membership benefits are subject to change at The Platform’s discretion from time to time.

  1. Ordinary Membership Benefits

    1. (1)  Access to The Platform’s booking system;

    2. (2)  Access for two representatives of the Partner to attend a “Gather for Good” event;

    3. (3)  Access for two representatives of the Partner to attend bi-annual Partner-only events;

    4. (4)  Subject to booking availability, free use of “Banksia” and “Acacia” meeting rooms and associated facilities;

    5. (5)  Subject to booking availability and payment of the applicable booking fee, access to use “Jarrah”, “Marri”, “Karri”, “The Woods” and “The Grove” events spaces and associated facilities;

    6. (6)  Promotion of the Member’s events through The Platform’s Facebook and Instagram pages, as approved by The Platform;

    7. (7)  Networking opportunities with other Members;

    8. (8)  Access to kitchen area;

    9. (9)  Access to high-speed wireless internet; and

    10. (10)  Access to use “The Grove” for work purposes, subject to availability.

  2. Associate Membership Benefits

    1. (1)  Access to The Platform’s booking system;

    2. (2)  Access for two representatives of the Partner to attend a “Gather for Good” event;

    3. (3)  Access for two representatives of the Partner to attend bi-annual Partner-only events;

    4. (4)  Subject to booking availability, free use of “Banksia” and “Acacia” meeting rooms and associated facilities;

    5. (5)  Subject to booking availability and payment of the applicable booking fee, access to use “Jarrah”, “Marri”, “Karri”, “The Woods” and “The Grove” events spaces and associated facilities;

    6. (6)  Access to kitchen area; and

    7. (7)  Access to high-speed wireless internet.

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