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Terms & Conditions

The Boring but important bit

These Terms and Conditions (Terms) govern your access to and use of the facilities and services provided by Yates Family Trust  ABN 11 277 504 190 trading as The Exchange Noosa (we, us, our) at our premises in Noosa, Queensland (Location).


By accepting a membership with The Exchange Noosa, or using any of the services we provide, you agree to be bound by these Terms and to ensure that your employees, visitors, invitees, agents and contractors (together, Invitees) comply with these Terms (as applicable) and our directions from time to time.

1. Licence, Not Tenancy

  1. Your membership grants you a prepaid, non-exclusive licence to use the facilities and amenities at the Location on a monthly or casual basis. Your membership does not create a tenancy or any other interest in land under the Property Law Act 1974 (Qld) or otherwise.

  2. We retain full control, possession and management of the Location at all times.

2. Application and Changes to Terms

  1. These Terms apply to all members and users of the Location and Services from the date of acceptance.

  2. We may update these Terms at any time at our sole discretion. Any changes will be effective upon written notice to you (including by email), unless stated otherwise. Your continued use of the Services after that date constitutes acceptance of the updated Terms.

3. CCTV and Photography

  1. We use CCTV surveillance systems to monitor and record activities in and around common areas of the Location to maintain a safe and secure environment.
    By accessing the Location, you acknowledge and agree that your activities may be captured on our CCTV systems. This information may be used for the management, safety and security of the Location, and for investigating or preventing any potential, suspected or actual breach of law or fraudulent activity.
    This information may be shared with the Queensland Police Service and other law enforcement or government agencies, and third party service providers (including insurers, security contractors and consultants) for those purposes. All CCTV data is held securely and in an access-controlled format, in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

  2. You agree and consent to being photographed by or on our behalf whilst in and around the Location, unless you specifically advise us otherwise in writing. Photographs may be used for any reasonable purpose, including advertising, newsletters, marketing and website content. No royalty, fee or other compensation will be payable to you for use of any such photographs.

4. Fees and Payment

  1. Monthly membership fees are payable monthly in advance and will be deducted on the first day of your membership month from your nominated credit card or via direct debit from your nominated bank account. A pro rata adjustment will be made for any broken period at commencement or termination.

  2. An administrative fee of $10.00 (inc. GST) applies to any rejected or dishonoured payment.

  3. Casual usage fees are payable on the day of use, unless other arrangements have been made with us in writing in advance.

  4. Fees for additional services (including conference room usage, photography studio, podcast studio, printing and telephone charges) will be itemised on your invoice for the relevant period and charged in arrears on a monthly billing cycle unless otherwise agreed in writing.

  5. All fees are exclusive of GST unless otherwise stated.

  6. We will review membership and service fees from time to time and will provide you with at least 30 days’ written notice of any change in fees.

  7. Any amount owing to us for more than 21 days will accrue interest at a rate of 10% per annum, calculated daily from the due date until paid in full. You must reimburse us for the reasonable costs of any third-party debt collector or legal practitioner engaged to recover any amounts owing by you.

5. Services

  1. We may provide you with access to the following services at the Location (Services):

    i. dedicated office space and workstations;

    ii. shared workstations; 

    iii. high-speed internet access;

    iv. office equipment;

    v. conference and meeting rooms;

    vi. photography studio and equipment;

    vii. podcast studio and equipment;

    viii. virtual office services; 

    ix. knowledge resources and co-working amenities; and

    x. other services as notified to you from time to time.

  2. All Services are subject to availability and these Terms at all times.

  3. Electricity & Wi-Fi internet access is available on a fair use basis. We reserve the right to review your usage and charge for any excessive use as determined by us at our reasonable discretion.

  4. Coworking and office members may, with our prior written consent, register the Location as their registered business address with the Australian Securities and Investments Commission (ASIC) for one nominated business, and have mail delivered to the Location for that business.

  5. We are not responsible for any interruption, suspension or failure of any Services outside our reasonable control, including failures of third-party internet, power or telecommunications providers.

6. Permitted Use and Prohibited Conduct

  1. You must only use the Services for lawful business purposes consistent with these Terms.

  2. You must not:

    i. use the Services for any unlawful purpose or in a manner that damages, disables, overburdens or impairs our equipment or systems, or interferes with any other member’s use and enjoyment of the Location;
    ii. attempt to gain unauthorised access to any systems, networks, accounts or servers connected to our Services, including by hacking, password mining or any other means;
    iii. use the Services in connection with pyramid schemes, chain letters, spam or unsolicited commercial communications;
    iv. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy) of any person;
    v. publish, post, upload, distribute or disseminate any inappropriate, defamatory, obscene, offensive, indecent or unlawful material or information;
    vi. upload or transmit files containing viruses, malware, trojans, worms, time bombs or any other harmful software or programs;
    vii. infringe the intellectual property rights (including copyright, trade marks or patents) of any person without holding all necessary rights or authorisations;
    viii. harvest or otherwise collect personal information about others, including email addresses, without their authorisation and consent;
    ix. create false identities for the purpose of misleading others; or
    x. violate any applicable Commonwealth or Queensland law, regulation or order.

  3. You represent and warrant that you have full legal power and authority to enter into and comply with these Terms, and that your use of the Services will not conflict with or breach any other agreement, licence or obligation to which you are a party.

7. Bookings and Cancellations

  1. Ad hoc bookings for conference rooms, photography studio, podcast studio or other spaces must be made in advance and are subject to availability.

  2. All booking cancellations must be notified to Location staff in writing. For bookings cancelled with:

    i. at least 24 hours’ written notice before the start time - no cancellation fee applies, and any prepaid amount will be refunded or credited at our discretion; and

    ii. less than 24 hours’ before the start time - you will be liable for 100% of the cost of the booking and no refund or credit will be given.

  3. Bookings outside standard business hours (Monday to Friday, 8:00am–6:00pm) may incur an additional staffing charge, which will be notified to you at the time of booking.

  4. If, for any reason, the space booked is no longer available, we will notify you as soon as practicable and, subject to availability, offer a space of similar or higher standard at the same rate.

8.Invitees

  1. All Invitees entering the Location must sign in at reception and comply with all applicable safety and emergency procedures.

  2. If you are expecting an Invitee who requires access to the Location in your absence, you must notify Location staff in advance.

  3. Invitees are not permitted at the Location outside regular staffing hours without our prior written consent. You must notify Location staff in writing if you wish to bring Invitees outside regular staffing hours.

  4. You are responsible for the conduct of your Invitees at the Location and must ensure they comply with these Terms.

9. Use and Care of the Location

  1. You must:

    I. comply with all Commonwealth and Queensland laws, regulations, orders and requirements relevant to your use of the Location;

    II. comply with all work health and safety obligations under the Work Health and Safety Act 2011 (Qld);

    III. report all accidents, injuries, damage, faults, breakages and spills to Location staff immediately on becoming aware;

    IV. keep your area of the premises clean and free of rubbish and pests;

    V. use only designated areas for depositing rubbish and waste;

    VI. not commit any nuisance, annoyance or harassment to any person at the Location;

    VII. not interfere with or disrupt the use and enjoyment of the Location by other members or visitors;

    VIII. not sleep overnight at the Location;

    IX. not smoke or use e-cigarettes or vapes at or within 4 metres of the Location, in compliance with the Tobacco and Other Smoking Products Act 1998 (Qld); and

    X. not use the Location for any immoral or illegal purpose,

    XI. and ensure that your Invitees comply with this clause 9.

  2. You consent to us entering and inspecting the premises immediately and without prior notice if, in our reasonable opinion, entry is required:

    I. due to an emergency or any threat to property, the environment or human life;

    II. to comply with any law, regulation or order; or

    III. to comply with a request by any relevant authority, including the Queensland Police Service.

  3. We may close the Location or restrict your access to the premises in the circumstances listed in clause 9 (b) for as long as we consider reasonably necessary.

10. Renewals and Termination

  1. Your membership automatically renews at the end of each membership period unless terminated in accordance with these Terms.

  2. Either party may terminate a membership by giving 30 days’ written notice to the other party. Termination takes effect at the end of the calendar month in which the 30-day notice period expires. If timely notice is not given, the membership will continue to the end of the following calendar month and the fees for that month will remain payable.

  3. We may terminate or immediately suspend any membership and/or your access to the Location at any time, including for:

    I. breach of these Terms;

    II. non-payment of fees;

    III. breach of any applicable law, regulation or order; or

    IV. conduct that, in our reasonable opinion, is inappropriate, harmful or prejudicial to other members, staff or visitors.

  4. We may withhold Services and/or re-enter the premises without prior notice, and will have a general lien over all your property physically situated at the Location:

    I. if you have failed to pay fees in accordance with these Terms;

    II. if you have breached these Terms (other than non-payment) and failed to remedy that breach within seven days of written notice from us; or

    III. upon you becoming bankrupt or insolvent, or making any assignment for the benefit of creditors, or taking the benefit of any legislation for the relief of bankrupts or insolvents under the Bankruptcy Act 1966 (Cth) or otherwise.

  5. If we terminate your membership under clause 10(c) or 10(d), we may refund any prepaid fees for unused periods after deducting all amounts owing to us, on a pro rata basis.

  6. On termination of your membership, you must:

    I. pay all amounts owing to us up to the date of termination;

    II. leave the premises clean, tidy and in the same condition as at commencement;

    III. return all keys and access passes;

    III. remove all your property, fixtures and signage and promptly repair any damage caused during removal at your own expense; and

    IV. remove all references to the Location address from your business records, ASIC filings and any public listings.

  7. If any of your property remains at the Location more than 7 days after termination, it will be deemed abandoned, title will vest in us, and we may sell or dispose of that property as we see fit.

  8. You will be liable for our reasonable costs (including legal costs on a solicitor-and-own-client basis) in recovering any amounts owing by you.

11. Parting with Possession

  1. You must not assign, sublicence, sublet or otherwise part with possession of any part of the premises, or share or on-sell your membership or any Location address to another individual or entity, without our prior written consent.

12. Confidentiality

  1. You acknowledge that in the course of using the Services, you may be exposed to confidential information belonging to us or other members (Confidential Information). Confidential Information means all non-public, confidential or proprietary information, including business operations, financial information, trade secrets, client details, know-how and any information that you know or ought reasonably to know is confidential.

  2. You must:

    I. maintain all Confidential Information in strict confidence;

    II. not disclose Confidential Information to any third party without the prior written consent of the disclosing party; and

    III. not use Confidential Information in any way that is detrimental to us or any other member or user of the Services.

  3. All Confidential Information remains the sole and exclusive property of the disclosing party. Nothing in these Terms grants you any right, licence or interest in any Confidential Information, intellectual property or proprietary rights of any other party.

  4. This clause 12 survives termination of any membership.

13. Intellectual Property

  1. You must not upload, transmit or make available through the Services any material that infringes the intellectual property rights (including copyright, trade marks, patents or trade secrets) of any person, unless you hold all necessary rights, licences or authorisations to do so.

  2. You retain ownership of any intellectual property that you create using the Services. Nothing in these Terms transfers ownership of your intellectual property to us.

14. Privacy

  1. We collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which is available on request.

  2. We may disclose your personal information to relevant authorities as required or authorised by law, including in response to a valid request from the Queensland Police Service or any other government body.

  3. You consent to us using your contact details to communicate with you about your membership, the Services and any changes to these Terms.

15. Risk, Responsibility and Insurance

  1. You acknowledge and agree that:

    I. you access and use the Location and Services at your own risk;

    II. you are responsible for, and indemnify us against, any claim, loss, damage, liability or injury arising from or incidental to your or your Invitees’ access to and use of the Location and Services;

    III. to the maximum extent permitted by law, we, our related bodies corporate, and our officers, employees, contractors and agents are not liable for:

    1. theft, loss, injury or damage sustained by you or any other person, however occurring;

    2. loss or damage resulting from any failure, interruption or suspension of Services or facilities at the Location; or

    3. loss, damage or corruption of data arising from hardware, software or internet connectivity issues,

    4. except to the extent caused by our negligence or default; and

    IV. you are solely responsible for the security of your property at the Location, and for arranging appropriate insurance for your property and your liability to employees and third parties.

  2. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. Where our liability cannot be excluded, it is limited to the maximum extent permitted by law.

  3. It is a requirement that you obtain and maintain public liability insurance up to 20 million.

  4. We strongly recommend that you obtain and maintain appropriate insurance, including:

    I. contents and property insurance for your personal property (including technology and equipment);

    II. any other insurance that a prudent businessperson would maintain in connection with your use of the Location.

  5. This clause 15 survives termination of any membership.

16. Indemnity

  1. You release us and agree to indemnify, defend and hold harmless Yates Family Trust, its related bodies corporate, and their respective officers, employees, contractors and agents (together, the Indemnified Parties) from and against all claims, losses, damages, costs, expenses, judgments, fines and penalties arising out of or in connection with:

    I. your negligent acts, errors or omissions;

    II. your wilful misconduct or fraud;

    III. your breach of these Terms; or

    IV. any claim by a third party arising from your use of the Services or your Invitees’ conduct at the Location.

17. Non-Solicitation

  1. You acknowledge that we have a legitimate interest in protecting our confidential information and the stability of our workforce. You must not, directly or indirectly:

    I. approach, contact or solicit any of our employees for work or services; or

    II. encourage any of our employees to provide services to you or any other person, whilst they are employed by us, and for a period of 3 months following the cessation of their employment with us unless agreed in writing.

  2. This clause 17 survives termination of any membership.

18. Notices

  1. Notices under these Terms may be given by email, hand delivery or post to the last address notified by a party to the other.

  2. A notice will be taken to have been received:

    I. if sent by email at the time of transmission (unless a delivery failure notice is received);

    II. if delivered by hand on the date of delivery; or

    III. if sent by post two business days after posting.

  3. You must promptly notify us in writing of any change to your address, phone number or email address.

19. Governing Law and Jurisdiction

  1. These Terms are governed by and construed in accordance with the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

20. Severability

  1. If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect to the fullest extent permitted by law.

21. Entire Agreement

  1. These Terms constitute the entire agreement between you and us with respect to your use of the Services and supersede all prior representations, agreements and understandings relating to the same subject matter.

  2. No waiver of any right or term under these Terms will be effective unless made in writing.

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