Alxemy House - Terms & Conditions of Use
Definitions and Introduction
1. The person that completed the online form and their nominated third party (if applicable) are herein jointly and severally referred to as the “User”, as the context may indicate.
2. Alxemy Properties Limited (9008513) is hereinafter referred to as the “Company”.
3. The “Shared Space” is the space consisting of one or more boardrooms and/or hot desks as booked by the User for the date and time period noted on the booking submission form and as confirmed in the booking confirmation sent by the Company to the User.
Terms of Use
4. The User agrees:
4.1 to arrive early and familiarise the User and all invitees with the entries and exits and fire safety protocols of the building. The User agrees to follow all health and safety protocols of the Company and to comply with all laws while on the Company’s premises.
4.2 to notify the Company and the relevant authorities of any incidents, accidents, injuries, or emergencies requiring assistance and/or intervention as soon as practicable.
4.3 to use the shared space for legally allowed personal or business purposes only, in a reasonable manner that does not interfere with, disrupt, or endanger any other person, or the use of the building and surrounding spaces by any other person or the use of the Shared Space by any prior or subsequent user.
4.4 that invitees should not exceed the number allowed by the Company, for boardrooms this will be specified on the website and for hot desks this is limited to one user per hot desk.
4.5 the User is responsible for the costs of repair and/or replacement of any goods, equipment and/or assets damaged by the User and/or any of their invitees and hereby fully indemnifies the Company for any and all damages, costs and or losses on a fully indemnified basis howsoever arising including but not limited to those arising as a result of the User’s use of the Shared Space, equipment, assets, the entire building or breach of these terms. All such amounts will be payable by the User to the Company on demand, if the User fails to pay any such amount, they will be liable for all collection and legal costs incurred on an attorney and client scale.
4.6 that the Company in no way warrants the suitability of the Shared Space, and in the event of any delays or cancellations, the Users claim will be limited to a partial or total refund depending on the nature of the delay or cancellation (determined in the Company’s discretion).
4.7 not to exceed the time allocation for the Shared Space, any additional time required must be booked online in advance or consent obtained from a Company’s authorised representative. Any excess time utilised without prior approval will be charged at a scale of 2 times the normal fee for additional administrative costs and invoicing. In addition, the User indemnifies the Company fully for all discounts or refunds afforded to third party’s arising as a result of the Users exceeded time.
4.8 the Company may be required to cancel and/or amend the User’s booking and will attempt to give as much notice of any cancellation or amendment. If amended by the Company, the User may cancel the booking at no additional cost. The Company accepts no liability for amending or cancelling a booking, other than refunding the User, fully or partially depending on the nature of the cancellation, or booking.
4.9 that they may request to cancel or amend the booking before the time of use. Amendments made more than 5 days in advance may be made free of charge. Cancellations made more than 72 hours, and up to 5 days in advance will result in 90% refund. Cancellations made more than 24 hours, and up to 72 hours in advance will incur a 50% refund, cancellations less than 24 hours in advance will result in a total forfeiture of the booking fee.
4.10 that it and its invitees may be recorded by means of audio and/or visual recordings in accordance with the Company and other occupants of the building’s safety protocols. Such audio and visual recordings will be kept private unless relevant in relation to any claims and/or crime or complaint of any party. No audio recordings will be made in the boardrooms, any private spaces, or direct areas of work. The User has no right to such footage and/or recordings and may only be released in the Company’s discretion.
General
5. The User nominates the email address and physical address noted on the booking form for the service of all notices and legal processes arising in terms of these terms and conditions unless otherwise notified to the Company.
6. If any provision of these terms and conditions shall be invalid, void, illegal of unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not thereby be affected, prejudiced, or impaired.
7. If at any time the Company does not enforce any of these terms and conditions or grants the User time or other indulgence, the Company will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
8. To the fullest extent permitted at law, the Company shall be under no liability whatsoever to the User for any loss and / or expense (including loss of profit) suffered by the User arising in any way from or out of these terms and conditions. Without limiting the generality of the aforegoing, all goods brought into the building and Shared Space are done so at the sole risk of the User and its invitees, the Company accepts no liability for any losses, damages, or theft of any goods.
9. In the event of any breach of these terms and conditions by the Company the remedies of the User shall be limited to the cost of the booking at a maximum or a discount there of as determined by the Company in its sole discretion.
10. The Company may assign all or any part of its rights and obligations without the User’s consent.
11. The Company reserves the right to review these terms and conditions at any time and from time to time. If following any such review, there is any change in such terms and conditions, that change will take effect from the date on which the Company notifies the User of such change or on the date of publication of the revised terms on the Company’s website whichever is the earlier.
12. None of the Company’s agents or representatives are authorised to make any representations, statements, variations to these terms and conditions or agreements not expressed by the Company in writing nor is the Company bound by any such unauthorised statements.
13. To the extent required under the Privacy Act 2020 the User is entitled to have access to and to request correction of personal information concerning the User which has been collected by the Company.
14. If a User considers that the Company has failed to comply with any obligations under the Privacy Act 2020, they should contact us with an email addressed for the attention of the Privacy Contact Officer. The complaint will be acknowledged within 7 days and a decision will be made and advised within 30 days (or a longer period as may be agreed with the individual). If the individual is not satisfied with the decision, they may make a complaint to the Privacy Commissioner. The contact details for the Privacy Commissioner are:
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- Telephone: 0800 803 909
- Website: https://www.privacy.org.nz/
- Mail: Office of the Privacy Commissioner
- PO Box 10094, Wellington 6143
15. The benefit of any undertakings conferred by the Company on the User are personal to the User and are not assignable by the User without the prior written consent of the Company.
16. If the User is not an individual appointing the Company for personal related services, and is a business or individual operating a business, then the User warrants that it is entering into this contract for trade/business use and it is in trade as is the Company. Accordingly, the parties agree to contract out of the provisions of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the fullest extent possible (including sections 9, 12A, 13 and 14(1)); and the User acknowledges and agrees that it is fair and reasonable to do so.
17. These terms and conditions, including any exclusion or limitation of liability, shall apply to and be for the benefit of the Company’s directors, shareholders, employees, agents, contractors, suppliers, and representatives to the same extent as they apply to the Company.
18. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
