Terms of Service 

Updated 17th of August 2020

1. IN GENERAL

Access to and use of this Website (unitedco.com.au, mobile app United Coworking, and the United Co. client portals) and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. PRIVACY POLICY

These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. Our Privacy Policy can be accessed at http://www.unitedco.com.au/privacy-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3. PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

The Client/Member will at all times comply with all applicable laws and regulations in connection with its use of United Co. Offerings. The Client/Member will not use any United Co. Offerings to engage in, or to encourage or assist others to engage in, any illegal or fraudulent activities.

4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT    

The intellectual property rights in all software and content, including the United Co. brands and all other trademarks, trade names and logos made available to you on or through this Website remains the property of United Co. and are protected by copyright laws and treaties around the world. All such rights are reserved by United Co. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.  The Client/Member agrees that it shall not use or otherwise reference the name of United Co. or a name or logo owned by United Co., its partners, directors, officers, employees or consultants. The Client/Member will not use the United Co. name, logo, or associated branding materials in any advertisement under any circumstances and irrespective of media, unless otherwise agreed between the parties.

The Client/Member agrees that it will treat as confidential all proprietary information which it has access to either before or during and after the course of the plan, Client/Membership, event or booking, including any information concerning United Co.’s business affairs, staff and clients. The Client/Member shall not disclose Confidential Information to any other party without United Co.’s prior written consent, except as required by law.

United Co. may establish access for the Client/Member to the Client/Member’s Portal with individual login credentials.  The Client/Member will keep the credentials that can be used to access the Client/Member’s Portal confidential and will not share with any third party.  The Client/Member takes full responsibility for all activities conducted through the Client/Member’s Portal.  The Client/Member will be liable for all losses and damages arising from any use or misuse of the Client/Member’s Portal. If the Client/Member believes that there has been any unauthorised access to the Client/Member’s Portal and that any third party knows their login credentials, the Client/Member will immediately change the Client’s Password and notify United Co. 

 

5. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law United Co. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect United Co.’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

6. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

7. LINKS FROM OTHER WEBSITES

If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we may link to from this Website.

8. INDEMNITY

You agree to indemnify, defend and hold harmless United Co., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

9. VARIATION

United Co. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

10. CONTACT & COMMUNICATIONS

If you have any questions, complaints, or claims with respect to this Website, you may contact us at

Attn: Website Feedback, c/o United Co., 425 Smith Street, Fitzroy VIC 3065, or email hello@unitedco.com.au

United Co. uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at hello@united.com.au.

11. ONLINE CREDIT CARD TRANSACTIONS

United Co. uses the Stripe Payment Gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Stripe gateway are secured payments. For further details follow this link: https://stripe.com/docs/security#validating-pci-compliance

Stripe charges a credit card surcharge fee of 1.75% + A$0.30 for domestic cards and 2.9% + A$0.30 for international cards.  Surcharges are subject to change as dictated by Stripe, please visit https://stripe.com/en-au/pricing for current pricing.  Applicable credit card surcharges will not be shown on the client invoice.

12. TRIAL SERVICE FAIR USE POLICY

Our Trial Services or Plans are provided for the express purpose of allowing you to use some of our products and services on a temporary, short-term basis to see if they are fit for use for your ongoing professional operations.  Trial Services and Plans are provided to the user at no charge for the standard inclusions of the Plan only.  Additional services provided above the standard inclusions of the plan are charged to the user at the published rate.

Access to our Trial Services is provided on request for a short period of time (trial term).  The trial term will normally last for either 30 or 60 days as defined by the plan, but may be terminated at any time in accordance with these Terms of Service.  At the end of the Trial Period your access to the Trial Services will be disabled.  Once the trial term ends we may delete all data relating to your usage of the Trial Services, including any content you enter into our Trial Services, without further notice to you.

You must:

  1. use the access to the Trial Services for the express purpose for which it is provided;
  2. follow any policies and rules made available to you within the Terms and Conditions or Agreements agreed to up registration of the Trial Service and any written directions issued by us, including those available in the Trial Services and/or issued by email; 
  3. not use the Trial Services for any promotional or advertising campaign or for the purpose of managing a short term project only with no intent of using the services beyond the term of the Trial Services. 

We may:

  1. suspend or stop providing our Trial Services to you if you do not comply with our terms or policies;
  2. suspend or stop providing our Trial Services to you while we are investigating suspected misuse of our Trial Services;
  3. suspend or stop providing our Trial Services in order to protect the integrity of our operations;
  4. at our sole discretion, choose to notify you of the reason why our Trial Services have been suspended or stopped;
  5. shorten or end the Trial Service Term with immediate effect should we determine, at our absolute discretion, that the Client’s usage is in any way unreasonable.

13. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

14. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

15. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and United Co. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of United Co.