Terms and Conditions

The following paragraphs outline the terms and conditions (Terms) on which BubbaDesk Pty Ltd (we, our, us and BubbaDesk) grants Membership to the Member (you, your).

About BubbaDesk

BubbaDesk is a Close Proximity Care (CPC) environment — a unique model that combines the group care of a crèche, the nurturing environment of childcare, and the personalised touch of a nanny service. We have reimagined traditional childcare to fit the needs of modern working parents.

What BubbaDesk is:

• A coworking space with onsite care for children from birth to 3 years of age, where parents remain on the Premises at all times.

• A flexible, session-based care model where parents stay just steps away — for comfort, cuddles, or breastfeeding.

• A purposeful, development-focused environment with structured group activities tailored to each child’s stage.

• A supportive community for working parents.

What BubbaDesk is not:

• A traditional daycare or centre-based childcare service. This is not a drop-and-go service. Parents must remain onsite at all times.

• A family daycare.

• A typical nanny service. Care is group-based, not one-to-one.

• A play centre. Activities are structured and development-focused.

Child Age Eligibility: BubbaDesk accepts children from birth. Children must be under 3 years of age when first commencing Nanny Services. Where a child turns 3 while actively using the service, BubbaDesk will assess the suitability of continued participation on a case-by-case basis at the discretion of the BubbaDesk team. Continuation is not guaranteed and will be assessed individually. See clause 4.2 for full details.

By accepting Membership, Members acknowledge and agree that BubbaDesk operates as a Close Proximity Care environment and that the model described above governs the nature of the services provided.

1. Definitions

In these Terms, the following definitions apply:

1.1 Nanny Services means services provided by us in accordance with clause 4 of the Terms for care of a child on an ad hoc basis at the Premises as the parent of the child is a patron and readily available at all times that the child is being cared for.

1.2 Nanny Session means child minding services session booked by the Member.

1.3 Coworking Space Session means time period booked by the Member for the use of the Space.

1.4 Member means a person granted Membership by us.

1.5 Membership means the membership level selected by you, being either a Fulltime Membership, Flex Membership, or Casual (Pass) Membership.

1.6 Membership Fees mean the fees as applicable to your Membership including the fees for desk/Coworking Space Session and if applicable the Nanny Services provided by BubbaDesk and which may be varied by us from time to time in accordance with clause 3 of the Terms.

1.7 Our Property means any furniture, equipment, documents or other property in the Space/Premises that is owned or controlled by BubbaDesk.

1.8 Policies mean any of our codes of conduct, policies and procedures made available to you, as added or amended by us from time to time.

1.9 Services mean services included in your Membership as updated and amended by us from time to time.

1.10 Your Property / Their Property means any equipment, documents, property or possessions that you bring into the Space or Premises.

1.11 Space and Premises means the buildings and facilities where our coworking space is located, including the crèche where Nanny Services are provided by BubbaDesk:

• Suite 5 & 6 203 The Entrance Road, Erina, NSW, 2250

• Suite 6 & 8, 60-68 Box Road, Taren Point, NSW, 2229

• Enterprise 1, Innovation Campus, Suite 6 & 8, Squires Way, North Wollongong NSW 2500

• Ground Floor, Suite 2/18 Flour Mill Way, Summer Hill NSW 2130

• Level 1, 50 Yeo Street, Neutral Bay, NSW, 2089

• Suite 24, Level 2/490 Northbourne Ave, Dickson ACT 2602

• Level 3, 55 Pyrmont Bridge Road Pyrmont, NSW, 2009

• Level 1, 13 George Street, North Strathfield, NSW 2137

1.12 Fulltime Membership means a Membership entitling the Member to access the Space and Nanny Services five (5) days per week (Monday to Friday). Days are fixed. Fulltime Members may not swap, move, or amend their allocated days.

1.13 Flex Membership means a Membership entitling the Member to access the Space and Nanny Services between one (1) and four (4) days per week. At the time of sign-up and payment, Members must select their recurring days via the Hamlet portal to lock in their weekly schedule. Each month, Members receive a day credit allocation equal to their selected days per week multiplied by the number of weeks in that calendar month (which may be 4, 5, or 6 weeks depending on the month). Members may use their credits on any available days within the billing period, including booking multiple days in a single week if credits remain. Unused credits do not roll over to the following month. Flex Members may swap or move bookings in accordance with clause 11.

2. Membership

2.1 By accepting Membership with BubbaDesk, you acknowledge and agree to be bound by these Terms.

2.2 These Terms apply to all Members, unless stated otherwise.

2.3 Your Membership is personal to you. You may not transfer your Membership to someone else without us agreeing to it in writing first.

2.4 Sharing a key / security code with a non-member is strictly prohibited and is grounds for immediate cancellation of your Membership. We can provide temporary access codes for guests upon request.

2.5 You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.

2.6 All Members, including Fulltime Members, Flex Members and Casual (Pass) Members, are required to agree to the Hamlet platform’s terms and conditions as part of their membership with BubbaDesk. Use of the Hamlet platform is subject to Hamlet’s terms and conditions, which are separate from and in addition to these Terms.

3. Membership Fees

3.1 We will provide you Services in consideration for you paying the Membership Fees in the manner identified in clause 3.2 below.

3.2 Membership Fees are billed monthly, on the 1st of each month, via the BubbaDesk booking portal. Where a Membership commences part-way through a month, the first invoice will be pro-rated based on the Member’s start date. Direct debits are set up by Members through the portal and will continue until your Membership ends in accordance with clause 14.

3.3 Membership Fees will be determined at BubbaDesk’s discretion. The Membership Fees may be subject to review each calendar (January – December) or financial year (July – June) at our discretion, or such other period determined by us in our absolute discretion. You will receive at least 30 days’ notice of changes in Membership Fees.

3.4 Membership Terms. BubbaDesk offers the following commitment term options for Fulltime and Flex Memberships. The 3-month term is the standard base rate, with discounts or a flexibility premium applied as follows:

• Month-to-month — flexibility premium of +6.0% above the base rate (maximum flexibility);

• 3-month commitment — standard base rate;

• 6-month commitment — 5.0% discount on the base rate; and

• 12-month commitment — 10.0% discount on the base rate (best value).

Applicable rates for each term option are displayed on the BubbaDesk booking portal and are exclusive of GST. The selected commitment term commences on the Member’s start date. At the end of the committed term, the Membership will automatically continue on a month-to-month basis at the standard month-to-month rate. The committed term discount will cease to apply from that date. Members will not be automatically prompted to renew their committed term. To lock in a new committed term and associated discount, Members must contact BubbaDesk admin directly, unless the Member provides notice of cancellation in accordance with clause 14.

3.5 Changing Membership Term. If a Member on a committed term (3, 6, or 12 months) elects to switch to a month-to-month arrangement before the end of their committed term, the discounted rate will be forfeited from the date of the change. The difference between the discounted rate paid and the standard month-to-month rate will be calculated from the Member’s start date to the date of change, and the outstanding amount will be invoiced and payable immediately. For example, a Member who committed to a 6-month term but switches to month-to-month at month 3 will be back-charged the savings accrued across those 3 months. To request a change in membership term, Members must contact BubbaDesk admin directly.

3.6 Where a payment fails, a $10 penalty fee will apply and BubbaDesk will issue a payment failure notice. If the outstanding amount is not rectified within 3 business days, the Member may be subject to a lockout of the Premises. Automated reminders will be issued at 7 days and again between 8–29 days overdue. Where an invoice remains unpaid for more than 31 days (i.e. two full billing cycles), BubbaDesk reserves the right to immediately suspend the Member’s access to the Premises and terminate the Membership without further notice. Any money remaining outstanding after 31 days shall bear interest of 10% per annum calculated daily until paid in full.

3.7 It is your responsibility to ensure that your payment details are kept up to date via the BubbaDesk booking portal and that there are sufficient funds in your nominated account to enable the successful debit of the Membership Fees each month. If a transaction is rejected for any reason, you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees. Escalation of overdue payments is managed in accordance with clause 3.6.

3.8 Membership Fees are payable even where Members are unable to attend their booked Co-Working Space Sessions. Flex Member day credits are allocated in accordance with clause 1.13 and can be used on any available days within the billing period. Credits are replenished on the 1st of each month after billing runs. Flex Members who cancel a booked day with at least 36 hours’ notice may apply that credit to any other available date within the current billing period via the BubbaDesk booking portal. Unused credits do not roll over. Fulltime Members’ days are fixed and cannot be swapped or moved.

3.9 In the event that a Member is unable to attend BubbaDesk due to illness, Members must notify BubbaDesk by messaging the BubbaDesk team directly via Hamlet. Members must advise absence by 7:30am to allow BubbaDesk to manage the team.

3.10 Additional Children. Members wishing to bring more than one child must declare all children at the time of booking. Additional children must be the Member’s own child or a child for whom the Member is the legal guardian. Additional children are charged at 50% of the applicable daily rate per child. Billing for additional children is managed by BubbaDesk admin and will be added to the Member’s monthly invoice. BubbaDesk reserves the right to limit the number of additional children based on capacity and staffing at each location, and to refuse entry to any child who does not meet the eligibility criteria.

3.11 Future-Dated Memberships. Members may secure a membership with a future commencement date. Full payment of the first month’s Membership Fees is required at the time of purchase to secure the booking. At the time of sign-up, Members must select their recurring days via the Hamlet portal to lock in their schedule from the start date. Days may be moved or adjusted prior to the start date with a minimum of 36 hours’ notice. No bookings may be made for dates prior to the nominated membership start date. From the start date, the standard credit and billing cycle applies in accordance with these Terms. Where a Member wishes to cancel their membership before the commencement date, a 50% refund of the first month’s Membership Fees will be issued, provided written notice of cancellation is received at least 4 weeks prior to the nominated start date. Cancellation requests received less than 4 weeks before the start date will not be eligible for any refund of the upfront payment.

4. Nanny Services

4.1 Nature of Service. BubbaDesk operates as a Close Proximity Care (CPC) environment as described in the About BubbaDesk section of these Terms. BubbaDesk is not a centre-based childcare service and is not a family daycare. Parents or guardians must remain on the Premises at all times their child is in care. Nanny Services are provided on an ad hoc, session-based basis. Staffing levels are scheduled in accordance with the number of children booked on any given day. In circumstances where only one or two children are scheduled, a single nanny may be on duty. By accepting Membership, Members acknowledge and agree that BubbaDesk’s staffing model reflects the nature of the CPC environment and the presence of parents on-site at all times.

4.2 BubbaDesk offers Nanny Services for children from birth up to 3 years of age. Children must be under 3 years of age when first commencing Nanny Services. Where a child commenced Nanny Services before the age of 3 and the family wishes to continue using the service beyond that age, BubbaDesk will review the suitability of continued participation on a case-by-case basis at the discretion of the BubbaDesk team. Continuation beyond age 3 is not guaranteed and will be assessed individually. Nanny Sessions run for a maximum of 3 hours. At the end of each session, Members must check in on their child before commencing a new session. Members may commence subsequent Nanny Sessions, each subject to the 3-hour maximum.

4.3 All Members must check in themselves and their child via the Hamlet app at every visit and for each Nanny Session. Check-in is mandatory and must be completed prior to commencing a Coworking Space Session or Nanny Session. Failure to check in may result in the visit being unrecorded and access being refused. The same parent/guardian needs to drop off and pick up child, unless approved by us beforehand. Depending on the site we may have different protocols such as – password verification on collection, security wrist bands for parents, signature match. We ask that all parents comply with our procedure to safeguard your child.

4.4 Children’s safety is of paramount importance to us and we reserve the right to refuse collection if unsatisfied with the identification of the person collecting. The child will remain at the Premises until contact has been made with the parent/guardian.

4.5 All children can be fed, changed, toileted or put down to sleep by the Members during the Nanny Sessions. In case the Members require the BubbaDesk staff to provide the aforementioned services to the children during the Nanny Sessions, the Members must inform the BubbaDesk staff in advance and provide all the necessary material including but not limited to food as required by the children. The Members must ensure that the food provided is age appropriate and safe for consumption for children under the age of 3 years old. BubbaDesk and its employees shall not modify the food in any way whatsoever to make it safe for consumption by children and shall have the absolute discretion to refuse feeding the food to the children in case of likely hazard such as choking hazard.

4.6 Every item brought into the Premises must be labelled with the child’s name. Parents can leave prams at the allotted space in the Premises and we request all valuables to be removed.

4.7 BubbaDesk reserves the right to suspend Nanny Services for any Member who consistently neglects the rules and regulations.

4.8 Temperature of the child may be taken on entry. To ensure the safety and well-being of other children; sick children are not permitted into the Premises. If your child displays any of the following they are considered sick: has a fever, mucus from the nose, eyes or mouth, cough, vomiting, diarrhoea or any virus that can be spread or has a visible rash. Children who become ill whilst at Premises will be made comfortable until you are notified and can come and pick them up. We do not administer prescription or non-prescription drugs i.e. cough syrup, Panadol or children’s aspirin, vitamins etc. In the event of accident/illness you authorise BubbaDesk workers to seek medical assistance as required. Parent/guardians will be responsible for any medical costs incurred.

4.9 The Member must remain in the Premises while using the Nanny Services and during the Nanny Session. If you intend on leaving the Premises, you must come and take your child with you. In no circumstances must you leave the child at the Premises if you leave the Premises. Please keep your mobile on and nearby in case you receive a call from the BubbaDesk team. If you are late: If you fail to collect your child from our care at the designated time, we will follow the BubbaDesk procedure to make every effort to contact you and keep your child entertained and safe until the situation is resolved. If we are unable to contact you with a reasonable period, we will attempt to contact the listed emergency contact. If they are unreachable, we will be left with no option but to contact the police due to our duty of care to your child.

4.10 Members acknowledge and confirm that the Member and if being a minor, the parent/guardian/s, for and on the Member’s behalf, unconditionally release BubbaDesk and its employees or agents acting on its behalf from all claims, suits, demands, actions or proceedings (whether at law, in equity or arising under statute) arising out of or in connection with an act, default or admission by me or my agents. Members agree not to sue or to make any claim or demand against BubbaDesk and its employees or agents in respect to matters covered by this release.

4.11 Members indemnify BubbaDesk and its employees or agents against all actions, claims, costs, losses, expenses and damages (including the costs of defending or settling any action or claim) in respect of: Loss of, loss of use of, or damage to property of BubbaDesk and its employees or agents; or Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property; resulting from or by reason of anything done or omitted to be done by Members and/or their children arising out of activities undertaken at or near BubbaDesk Premises. Members’ liability to indemnify BubbaDesk and its employees or agents is reduced proportionally to the extent that a negligent act or omission of BubbaDesk and its employees or agents has contributed to the injury, damage or loss.

4.12 BubbaDesk will not take photographs and/or video of your child for marketing, publicity, or promotional purposes without your explicit consent. Photos or videos may be taken solely to share privately with you via the BubbaDesk portal, to provide updates on how your child is getting on during their time at BubbaDesk. These images will not be used in any printed or online publicity, social media, press releases, funding applications, or other marketing materials.

From time to time, our Social Media Manager may be onsite for content days. Members will be given at least 24 hours’ notice and the opportunity to opt in to any content being captured that day. If no confirmation is received, we will assume you have opted out.

4.13 Members acknowledge that they discharge BubbaDesk from any liability or claim that Members, their heirs, or any personal representatives may have against BubbaDesk with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from BubbaDesk. This liability waiver and release extends to the Nanny Services together with all owners, partners, and employees.

5. Space

5.1 The Space is a shared office, and we ask that you consider other Members and use the Space in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from the Space and suspend or cancel their Membership.

5.2 Members working in the Space must respect the right of others to have “quiet enjoyment” of the Space and keep personal telephone conversations to a low level and only listen to personal music via headphones. Private enclosed spaces are provided for personal telephone conversations and Members are encouraged to use these areas by booking them. Excessive noise that disturbs other tenants will not be tolerated.

5.3 The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organisations and other Members generally are adhered to.

5.4 You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.

5.5 Where your Membership entitles you to access the Space, this is a licence to use the Space, and does not give you an exclusive right to any part of the Space. You are responsible for ensuring that the Space meets the needs of your business or enterprise. We make no warranties or representations that the Space is suitable for the purpose you intend to use it for.

5.6 We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested.

5.7 You acknowledge that you will be liable for and agree to indemnify us for any damage caused to the Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Space by you, your employees or your guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia.

5.8 You are responsible for making good or indemnifying us (and do hereby authorise us to charge you) for any damage caused to the Space or Our Property by you, your employees or your guests (excluding fair wear and tear).

5.9 We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.

6. Use and Care of the Premises

6.1 Members must:

• take care of the Premises and to keep working area in a clean, tidy and presentable condition;

• not sleep overnight at the Premises;

• not smoke on the Premises; and

• not use a Premises for any immoral or illegal purposes or in any way that breaches these terms, any applicable local, state, federal or international law or regulation.

6.2 Members must only use the Premises for office purposes only unless they have obtained prior written consent from BubbaDesk and adhere to the Policies at all times while in the Premises.

6.3 Smoking is prohibited on the Premises, including balconies, at all times.

6.4 Members must not conduct an auction or sale on the Premises or use the Premises for any medical or retail activities or other nature involving frequent use by or visits from members of the public.

6.5 Members may not make any alterations or additions to, or put up any partitions or wall coverings on, any part of Space without prior consent from BubbaDesk. If consent is given to make alterations or additions, a strict ‘make good’ policy applies at the end of Membership where you must return the Space you occupied to its original condition.

6.6 Members must not bring any explosive or flammable or corrosive fluids or chemicals into the Premises.

6.7 Members must not assign or sub-let or part with possession of a premises.

6.8 We are not responsible for any property you leave behind in the Premises. It is your responsibility to ensure that you have retrieved all your personal items prior to leaving. Prior to the end of the Coworking Space Session or if you leave the Premises, you must remove all your property from the Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in the Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.

7. Visitors

7.1 All visitors of Members entering the Space must have registered via [email protected] due to safety, emergency and COVID-safe procedures.

7.2 If you have someone visiting the Space while you are not there, who requires access to your workspace, please ensure you let us know in advance as without permission from you, they will not be given access to your space, this includes visitors, contractors and couriers.

7.3 Visitors are not permitted inside the space after hours without our knowledge and all doors are to remain closed. BubbaDesk’s staff must be notified by email if you wish to bring visitors outside regular staffing hours of Monday to Friday 8:30am – 4:30pm.

8. Meeting Rooms and Venue Hire

8.1 Meeting rooms are available in the Space for use by the Members based on availability and all meeting rooms must be booked online through the BubbaDesk booking portal. If meeting room credits are included in your Membership these are not transferrable to another member and cannot be rolled over from month to month.

8.2 The room must be returned to the original condition it was in prior to the booking. Any damage to the fixtures and fittings, walls, doors or AV system will be charged back to the client. Please note we do not allow paper or other items to be placed on the walls in the meeting rooms.

8.3 Meeting rooms booked outside of staffed hours (8:30am–4:30pm Monday to Friday) may incur an extra $30 per hour staffing fee and this will be charged at the discretion of management.

8.4 Meeting rooms are for Members and clients to use for meetings, they are not to be used to house member’s guests who wish to work for the day. Should you have guests wanting to work in the Space, please notify BubbaDesk.

8.5 Private Call Rooms and Booths can be booked via the Hamlet app, up to one week in advance.

9. After Hours/Weekend Bookings

Standard operating hours are Monday to Friday, 8:30am – 4:30pm. Extended hours (8:00am start or 5:00pm finish) are available on request – please email our Member Concierge at [email protected]. Any meeting room or event space bookings outside standard hours incur a bespoke cost depending on space hired, location and requirements.

10. Cancellations & Refunds – Office Hire

10.1 Any booking for whole or part of the hire of the Premises that is cancelled or reduced in writing up to 72 hours before the start time will not be charged for the cancellation or reduction.

10.2 Any booking that is cancelled or reduced in writing less than 72 hours before the start time is liable for 100% of the cost of the booking and will not be refunded for the cancellation or reduction.

10.3 For bookings totalling up to $5,000 (or equivalent), the cancellation notice periods and terms are the same as clauses 10.1 and 10.2.

10.4 For office hire over $5,000 (or equivalent), any cancellation or reduction received in writing up to one week before the start of the event will not be charged for the cancellation or reduction. Any cancellations or reductions received less than one week before the start of the event will still be liable for 100% of the cost of the booking and will not be refunded for the cancellation or reduction.

10.5 Any booked catering services (excluding tea & coffee provided by the venue), hired AV services or any other services for any meeting room or event space booking that are cancelled less than 48 hours before the start time shall be liable for 100% of cost of that service.

10.6 If, for any reason, the room or Premises is no longer available at the time requested, notice shall be given to the customer as soon as possible and, subject to availability, a room of similar or higher standard offered in place for the same rate.

11. Cancellations, Refunds, Amendments – Fulltime Membership, Flex Membership and Casual (Pass) Member Bookings

11.1 Members can make and manage bookings via the BubbaDesk booking portal. Fulltime Members are allocated five (5) fixed days per week (Monday to Friday) and do not need to book individual days. Flex Members must select their recurring days at the time of sign-up. Recurring days will automatically repeat each month. Flex Members may secure additional available desks outside of their recurring days with a minimum of 36 hours’ notice, subject to availability. Bookings cannot be made within 36 hours of the desired date via the portal. Members wishing to make a booking within 36 hours must contact BubbaDesk admin directly, and such bookings are subject to capacity and staffing availability and are not guaranteed.

11.2 Membership Cancellation. To cancel a Fulltime or Flex Membership, Members must provide one (1) month’s written notice and complete the BubbaDesk Membership Cancellation Form at https://form.jotform.com/242338307725053. Alternatively, Members may initiate cancellation by emailing [email protected]. BubbaDesk admin will process the cancellation via the Hamlet portal upon receipt of the completed form or email. The Membership will remain active until the end of the one-month notice period.

11.3 Casual (Pass) Members must secure desk bookings with at least 36 hours’ notice. Cancellations made with at least 36 hours’ notice will receive 100% credit toward a future booking. Cancellations made with less than 36 hours’ notice will not be eligible for credit. Casual day bookings may also be moved to another date with at least 36 hours’ notice, subject to availability and the discretion of BubbaDesk.

11.4 Flex Members may amend their recurring day selections (i.e. which days of the week they attend) via the BubbaDesk booking portal with a minimum of 36 hours’ notice, subject to availability and the discretion of BubbaDesk. Where a Member wishes to permanently increase or decrease their number of days per week, they may either: (a) cancel their current subscription and sign up to a new one reflecting the updated day selection; or (b) arrange for additional days to be charged on an ad hoc basis for the duration required, managed by BubbaDesk admin. Any additional days booked outside of the recurring allocation can also be booked as a Casual (Pass). Requests to add days on an ongoing basis cannot be made once a one-month cancellation notice has been given, as the membership is no longer considered active. This clause applies to Flex Members only — Fulltime Members’ days are fixed and cannot be amended.

11.5 Flex Members may move or swap individual bookings within their monthly allocation via the BubbaDesk booking portal. This clause applies to Flex Members only. All changes require a minimum of 36 hours’ notice, the new date must be provided at the time of the request, and are subject to availability and the discretion of BubbaDesk. Days cannot be held in lieu or credited.

12. Liability and Indemnity

12.1 To the maximum extent permitted under the law:

• BubbaDesk, its related bodies corporate, their officers, employees, contractors and agents shall not be liable for any theft, loss or damage from the Premises howsoever occurring or for any damage done to the furniture or other effects of any other member in a premises by a caretaker, cleaners or any employees, contractors, agents or invitees of BubbaDesk;

• BubbaDesk shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the internet; and

• BubbaDesk shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or internet damage that may occur to a member.

• BubbaDesk shall not be liable for any claim, demand, loss or damage caused to any person or property in relation to the Nanny Services provided by BubbaDesk including but not limited to:

  • Feeding food provided by the Members to their children.

  • Any allergic reactions or other adverse health effects resulting from the consumption of food provided by the Members for their children while availing Nanny Services.

  • The child sleeping in the cot or bed provided by BubbaDesk in accordance with the instructions provided by the Members (or in any other circumstances).

  • Any other circumstance relating to the provision of Nanny Services.

12.2 This clause survives termination of any Membership.

12.3 Our staff oversee the Space during business hours (8:30am-4:30pm, Monday to Friday, excluding public holidays), however, we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.

12.4 Our liability to you for breach of these Terms will be capped at an amount equal to the Membership Fees that you have paid in the 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.

12.5 You will indemnify us for any loss incurred by us or any claim against us resulting from a breach of you by these Terms or any action of your employees or guests you bring into the Space.

12.6 Nothing in these Terms shall exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).

12.7 We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals or members may not be who they claim to be. We do not perform background checks on our users or members, nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.

12.8 From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against BubbaDesk and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

12.9 To the extent permitted by law, the aggregate monetary liability of any of BubbaDesk to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. BubbaDesk will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against BubbaDesk, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

13. Insurance

Members agree that they are solely responsible for the security of Their Property in the Space. It is Member’s responsibility to arrange insurance for Their Property that they bring to the Space and for their liability to their employees and to third parties. BubbaDesk strongly recommends that Members obtain their own appropriate insurance to cover Their Property (including, but not limited to, furnishings and technology) and cover for any liability that Members owe to their own employees, visitors or any other persons. BubbaDesk does not accept any liability, and its insurance does not provide coverage for, any loss incurred by a member, except when caused by the BubbaDesk’s negligence.

14. Termination

14.1 Either party may terminate the Membership by giving one (1) month’s notice in writing to the other party, without assigning any reason whatsoever. Members must complete the Membership Cancellation Form at https://form.jotform.com/242338307725053 or email [email protected] to initiate cancellation, in accordance with clause 11.2.

14.2 Where we have determined, in our sole discretion, that there has been or likely to be:

• a breach of these Terms;

• a breach of a law, regulation or order;

• misconduct by the Member; or

• refusal by a Member to cooperate with a reasonable request or direction,

we may take such action as we deem appropriate including (but not limited to):

• immediately terminating Membership; and

• removing, suspending or disabling a Member’s access to the Premises.

14.3 BubbaDesk has the right to withhold services and/or re-enter Premises without prior notice and shall have a general lien on Your Property situated on the Premises:

• where the Member has failed to pay for their Membership Fees in accordance with the Terms; or

• where the Member has breached any part of these Terms and fails to remedy that breach within seven days of being notified by BubbaDesk of the breach; or

• upon the Member being declared bankrupt or insolvent or making any assignment for the benefit of creditors or taking the benefit of any legislation now or hereafter to be in force for the relief of bankrupts or insolvents.

14.4 Members will be responsible for BubbaDesk’s reasonable costs in recovering any monies owed in accordance with these terms and conditions.

14.5 Members may remove their fixtures and signs provided that any damage or defacement occasioned to any part of Premises during such removal shall be remedied by the Member immediately and at their own expense. If the Member fails to do so, then BubbaDesk may do so at that Member’s expense.

SMS Marketing Terms and Conditions for BubbaDesk

1. Opt-In and Consent: By opting in to receive SMS messages from BubbaDesk, you consent to receive recurring promotional, informational, and transactional text messages, which may include updates on new services, exclusive offers, and operational alerts related to your membership.

2. Frequency of Messages: Message frequency will vary based on your engagement and BubbaDesk’s current promotions. Subscribers can expect to receive up to 4 messages per month.

3. Message and Data Rates: Message and data rates may apply. Check with your mobile provider for details on your plan.

4. Opt-Out: To stop receiving SMS messages from BubbaDesk, reply “STOP” to any message. After opting out, you may receive a final message confirming your opt-out status. You can rejoin at any time by opting in again through our website or by texting “JOIN.”

5. Customer Support: For help, reply “HELP” to any SMS message from BubbaDesk or contact our support team via our website.

6. Privacy: Your phone number and personal information are kept secure and used in accordance with BubbaDesk’s Privacy Policy. BubbaDesk will not sell, share, or rent your personal data to third parties.

7. No Guarantee of Delivery: BubbaDesk is not responsible for any delays or failures in message delivery, which can be impacted by network conditions or service availability.

8. Changes to SMS Terms: BubbaDesk reserves the right to modify or terminate SMS services at any time. Changes will be posted on the BubbaDesk website and will take effect immediately.

Updates to these Terms are subject to change from time to time in our sole discretion. Members acknowledge that our Premises, and the services we offer at any of Premises, are also subject to change from time to time. Changes will be effective immediately, unless stated otherwise. Where possible we will give Members reasonable notice of changes and the date they take effect.