1. Definitions and Interpretation

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

(1) “Applicant” means an individual or entity who makes an Application to use The Platform;

(2) “Application” means Applicant’s application to The Platform to use the premise;

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

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

(5) “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 Applicant is obligated to keep confidential or know or have reason to know should be treated as confidential;

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

(7) “Permitted Use” means such use of the Premises by the Applicant as approved by the Platform;

(8) “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;

(9) “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;

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

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

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. Eligibility to use The Platform

2.1 An Applicant is eligible to use The Platform if:

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

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

(a) health and mental health;

(b) human exploitation;

(c) indigenous disadvantaged;

(d) poverty alleviation;

(e) youth at risk;

(f) environment care; or

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

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

2.3 The Applicant warrants that:

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

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

(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. Obligations of the Applicant

3.1 The Applicant must not:

(1) engage in any conduct which will bring The Platform into disrepute;

(2) violate any applicable laws or regulations;

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

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

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

4. Use of Premises

4.1 The Applicant must only use the Premises for the Permitted Use during the times approved by The Platform.

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

4.3 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 Applicant subject to the attendance not disrupting the Applicant’s event.

4.4 The Applicant acknowledges that other users may use other parts of the Premises at the same time as the Applicant except where the Applicant 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.

4.5 The Applicant must:

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

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

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

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

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

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

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

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

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

(b) content that may be offensive; or

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

(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);

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

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

4.7 The Applicant 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 Applicant’s usage.

4.8 The Applicant 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 Applicant.

5. Booking Spaces

5.1 The booking fee must be paid prior to the event;

5.2 If the Applicant cancels its booking:

(1) at least 14 days prior to the scheduled booking, the Applicant will be refunded 100% of the booking fee/not incur a booking fee;

(2) between 7 and 13 days before the scheduled booking, the Applicant will be refunded 50% of the booking fee/be charged for 50% of the booking fee;

(3) less than 7 days before the scheduled booking, the Applicant will forfeit the entire booking fee and the Applicant acknowledges that it is not entitled to a refund/be billed for the entire fee.

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

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

5.5 Events at “The Grove” or Requiring the Entire Premises

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

(a) 120 Invitees (theatre style); or

(b) 150 Invitees (cocktail style).

(2) At least 48 hours before the event:

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

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

(3) Any non-compliance, including failure to complete and submit the Lockup Form or exceeding the maximum capacity of the relevant space may result in The Platform not accepting any future usage requests or accepting any future membership application by the Applicant.

6. Access Cards

6.1 If the Applicant is provided with an access card to the Premises, the Applicant

acknowledges that the access card remains the property of the Building manager.

6.2 The Applicant must return the access card to The Platform within 24 hours after the event.

6.3 If the Applicant loses the access card, the Applicant must pay for the replacement cost of the access card.

7. Confidential Information

9.1 The Applicant must:

(1) maintain all Confidential Information in strict confidence;

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

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

The Platform.

8. Insurances

8.1 The Platform maintains a public liability, contents and other insurance policies

(“Policies”) in relation to the Premises.

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

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

8.4 The Applicant must not do or omit to do anything which results in:

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

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

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

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

8.5 The Applicant is responsible for any claims that result from the Applicant’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 Applicant indemnifies The Platform for any claims to which The Platform may be subject as a result of the Applicant’s use of the Premises.

9. Termination and Suspension

(1) the Applicant breaches any of these Terms and the breach is unable to be unremedied;

(2) the Applicant breaches any of these Terms and, if the breach can be remedied, the Applicant fails to rectify the breach within 7 days of The Platform’s notifying the Applicant of the breach and requiring the breach to be remedied;

(3) the Applicant becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as and when they fall due;

(4) the Applicant’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 Applicant with access to the Premises.

10. Releases and Indemnities

10.1 The Applicant releases The Platform and its employees, officers and volunteers from any or all liability for:

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

(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.

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

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

(2) injury to, illness or death of any person; in or about the Premises arising from the same.

10.3 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 Applicant accessing or using the Premises, the Applicant agrees that The Platform will not be liable for any loss the Applicant or its Invitees may suffer as a result of the Applicant’s inability to use the Premises at the booked time.

10.4 The Applicant 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) the Applicant’s use of the Premises;

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

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

(a) loss of or damage to property;

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

(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.

11. Amendments

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

11.2 The Platform may amend the rate any booking fees for use of the spaces within the Premises from time to time.

12. Privacy

12.1 The Platform will use the Applicant’s Personal Information only as described in the Privacy Policy.