Terms of Use

1. About these Terms

These Website Terms of Use, referred to as the Terms, govern your access to and use of:

• the WellnessCoWork website;
• the WellnessCoWork room-listing platform;
• clinic, consulting-room, therapy-room and treatment-room listings;
• enquiry and communication services;
• free and paid listings;
• Featured Listings; and
• any related services offered by WellnessCoWork.

WellnessCoWork is operated by Mark Anthony as trustee for the Mark Anthony Family Trust, ABN 30 781 343 672.

In these Terms, “WellnessCoWork”, “we”, “us” and “our” refer to Mark Anthony in his capacity as trustee for the Mark Anthony Family Trust, trading as WellnessCoWork.

References to “you” and “your” include every person who accesses or uses WellnessCoWork, including:

• website visitors;
• practitioners seeking rooms;
• clinic owners;
• practice managers;
• landlords and room providers;
• account holders;
• listing owners; and
• anyone acting for a business or organisation.

By accessing, registering with or using WellnessCoWork, you agree to these Terms.

You must not use WellnessCoWork if you do not agree to these Terms.

2. The WellnessCoWork service

3. Eligibility

You must be at least 18 years old to create an account, submit an enquiry, publish a listing or purchase a WellnessCoWork service.

By using WellnessCoWork, you represent that:

• you are legally capable of entering into these Terms;
• the information you provide is accurate and not misleading;
• you will use the platform only for lawful purposes; and
• where you act for a clinic, trust, company, partnership or other organisation, you have authority to act for and bind that organisation.

We may request reasonable evidence of identity, business authority, room ownership, occupancy rights or authority to advertise a room.

4. User accounts

Some WellnessCoWork features may require an account.

You are responsible for:

• providing current and accurate account information;
• protecting your username and password;
• keeping your contact details updated;
• restricting access to your account;
• notifying us of suspected unauthorised access; and
• all activity occurring through your account, except to the extent caused by our act or omission.

You must not:

• create an account using another person’s details without authority;
• share an account in a way that compromises security;
• impersonate another person or business; or
• create multiple accounts to avoid restrictions or enforcement action.

We may require email, telephone or other reasonable account verification.

5. Practitioner and room-seeker use

Practitioners and room seekers may browse listings and submit enquiries, subject to any features, limits or fees clearly displayed on the website.

By submitting an enquiry, you consent to the information you provide being sent to the relevant listing owner or authorised representative.

This may include:

• your name;
• email address;
• telephone number;
• profession;
• intended use of the room;
• preferred days or rental arrangements; and
• the contents of your enquiry.

You are responsible for independently assessing:

• the room;
• the clinic;
• its location and facilities;
• accessibility;
• rental terms;
• suitability for your work;
• insurance requirements;
• professional and regulatory requirements;
• local planning or council requirements;
• privacy arrangements;
• safety and security; and
• the identity and authority of the room provider.

WellnessCoWork does not guarantee that a room or clinic will be suitable for your particular needs.

6. Clinic owner and room-provider obligations

A room provider may list a room only where they have the legal right or proper authority to advertise and make that room available.

Listing owners are responsible for ensuring that:

• all listing information is accurate and current;
• photographs fairly represent the room or clinic;
• displayed prices and fees are accurate;
• availability information is kept reasonably updated;
• they have permission to use all uploaded photographs, logos and written content;
• the proposed room use is permitted;
• they comply with applicable leases, licences, planning restrictions and body-corporate rules;
• they obtain any necessary landlord or owner permission;
• the premises comply with applicable safety requirements;
• they do not make misleading representations;
• they disclose material conditions that may affect a prospective practitioner’s decision; and
• they promptly pause or remove a listing when the room is no longer available.

Listing a room on WellnessCoWork does not transfer responsibility for the room, premises or rental arrangement to WellnessCoWork.

7. Professional and regulatory responsibilities

Room providers and practitioners remain responsible for their own professional and legal obligations.

Depending on the services being provided, users may need to consider:

• professional qualifications;
• registrations;
• licences;
• professional indemnity insurance;
• public liability insurance;
• working-with-children requirements;
• infection-control procedures;
• privacy and record-keeping requirements;
• professional codes of conduct;
• disability access;
• workplace health and safety;
• fire and building safety;
• local-government approvals; and
• restrictions applying to particular health or beauty services.

WellnessCoWork does not verify every user’s qualifications, insurance, registrations, identity, premises or legal compliance.

Any verification badge, review, approval or moderation performed by WellnessCoWork is limited and is not a guarantee or endorsement.

8. Listings

9. Free introductory listings

During the WellnessCoWork launch period, we may offer free standard listings for an introductory period of three months.

The availability, commencement date and closing date of the introductory offer will be stated on the website or communicated when a listing is created.

Unless expressly stated otherwise:

• the introductory listing is free;
• no payment card is required;
• it will not automatically convert into a paid listing;
• it will not automatically renew as a paid service;
• the listing owner may choose whether to purchase another option after the free period;
• the listing may expire or become unpublished at the end of the introductory period; and
• the offer may be limited to one free listing period per clinic, location, operator or account.

We may close the introductory offer to new participants at any time. However, closing the offer will not normally shorten an introductory listing period already confirmed for an existing participant, unless the listing breaches these Terms.

10. Featured Listings

11. Payments

Paid services must be paid using an available payment method.

Payments may be processed by a third-party payment provider. You agree to comply with that provider’s applicable payment terms.

You authorise us and our payment provider to process the amount displayed and accepted at checkout.

You are responsible for ensuring that:

• payment information is accurate;
• you are authorised to use the selected payment method;
• sufficient funds are available; and
• billing details are kept current.

We may delay activation of a paid feature until payment is successfully received.

12. Cancellations and refunds

13. Communications between users

WellnessCoWork may provide tools that allow users to contact each other.

Users must communicate respectfully and must not:

• send spam;
• harass or threaten another person;
• send discriminatory or abusive messages;
• request unnecessary sensitive information;
• send unlawful promotional material;
• use contact details for unrelated marketing;
• misrepresent their identity or intentions; or
• continue contacting someone who has reasonably requested that communication stop.

Contact information received through WellnessCoWork must only be used for legitimate discussions concerning the listed room or a closely related professional arrangement.

14. Agreements between users

Any agreement between a practitioner and room provider is separate from these Terms.

Users are responsible for documenting their own arrangement, which may address:

• rent or licence fees;
• bond or security deposit;
• days and hours of access;
• term and renewal;
• cancellation;
• notice periods;
• keys and security;
• cleaning;
• reception and administration;
• internet and utilities;
• storage;
• signage;
• client access;
• insurance;
• damage;
• confidentiality;
• privacy;
• use of common areas;
• infection control;
• permitted services; and
• dispute resolution.

WellnessCoWork does not prepare, review or approve agreements between users and does not guarantee that an arrangement will be legally effective.

Users should obtain independent professional advice where appropriate.

15. User reviews and feedback

Where review or feedback features are available, content must be:

• honest;
• based on genuine experience;
• relevant;
• respectful;
• not defamatory;
• not threatening;
• not discriminatory;
• not misleading; and
• free from confidential or unnecessary personal information.

We may remove feedback that reasonably appears to breach these requirements.

We are not required to resolve every factual disagreement between users, but we may request supporting information and provide a reasonable opportunity to respond.

16. Prohibited listings and activities

You must not use WellnessCoWork to advertise or facilitate:

• residential accommodation falsely presented as professional premises;
• illegal services;
• rooms you have no authority to offer;
• misleading or unavailable rooms;
• unlicensed services where a licence is legally required;
• unsafe or unlawful premises;
• discriminatory rental practices;
• fraudulent schemes;
• pyramid or recruitment schemes unrelated to room rental;
• adult sexual services;
• unlawful drug-related activities;
• counterfeit or infringing goods;
• weapons or dangerous materials;
• services that exploit vulnerable people; or
• anything otherwise prohibited by law.

You must not:

• hack or attempt to compromise the platform;
• introduce viruses or malicious code;
• interfere with another user’s account;
• circumvent security controls;
• scrape or harvest platform data by automated means without written permission;
• reproduce our listing database;
• use bots to submit enquiries;
• overload or disrupt the website;
• reverse engineer platform software;
• use WellnessCoWork contact information to create an unrelated database;
• impersonate WellnessCoWork; or
• use the platform in a way that damages its reputation or operation.

17. Intellectual property

18. Copyright complaints

A person who believes content on WellnessCoWork infringes their intellectual property rights may contact info@wellnesscowork.com.au.

The notice should identify:

• the protected work;
• the allegedly infringing content;
• where the content appears;
• the complainant’s contact details;
• the basis of the claim; and
• any supporting evidence.

We may temporarily remove or restrict disputed content while investigating.

19. Privacy

Our handling of personal information is governed by the WellnessCoWork Privacy Policy.

By using the platform, you acknowledge that:

• information submitted in an enquiry may be provided to the relevant listing owner;
• information included in a public listing may be seen by the public and search engines;
• communications may be stored for support, security and dispute-resolution purposes; and
• third-party service providers may process information on our behalf.

20. Third-party websites and services

WellnessCoWork may link to:

• clinic websites;
• social-media platforms;
• maps;
• booking services;
• payment providers;
• business directories; and
• other external services.

Links are provided for convenience and do not necessarily constitute endorsement.

We do not control third-party services and are not responsible for:

• their availability;
• their content;
• their security;
• their accuracy;
• their privacy practices; or
• transactions made through them.

Users access third-party services at their own discretion.

21. Platform availability and changes

We aim to keep WellnessCoWork available and functioning but do not guarantee uninterrupted access.

The website may be unavailable because of:

• maintenance;
• updates;
• system failures;
• internet outages;
• cybersecurity incidents;
• hosting-provider issues;
• events beyond our reasonable control; or
• changes to the platform.

We may change or discontinue features where reasonably necessary.

Where a change materially reduces a paid service already purchased, we will take reasonable steps to provide an appropriate remedy, such as an extension, alternative service or proportionate refund.

22. Listing suspension and account restriction

We may warn, restrict, suspend or remove an account or listing where we reasonably believe that:

• these Terms have been breached;
• information is false or misleading;
• a room is unavailable;
• the user lacks authority to advertise it;
• the listing infringes another person’s rights;
• the account presents a security or fraud risk;
• the user has engaged in abusive conduct;
• the listing may expose another person to harm;
• payment has been reversed or not received; or
• suspension is required by law.

Except in urgent cases, we will generally provide the user with notice and a reasonable opportunity to address the issue.

Immediate action may be taken where necessary to protect users, the public, the platform or another person’s legal rights.

A user may contact us to request review of a suspension or removal decision.

23. Disclaimers

To the maximum extent permitted by law:

• WellnessCoWork is provided on an “as available” basis;
• we do not guarantee uninterrupted or error-free operation;
• we do not guarantee that every listing is accurate;
• we do not guarantee the identity or conduct of every user;
• we do not guarantee any enquiry, match, booking, rental or financial outcome;
• we do not endorse a user merely because they appear on the platform;
• we are not responsible for inspecting premises;
• we do not guarantee professional qualifications or insurance;
• we do not guarantee that a room complies with every legal requirement; and
• users remain responsible for their own investigations and decisions.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded.

24. Limitation of liability

To the maximum extent permitted by law, WellnessCoWork is not liable for loss arising solely from:

• an arrangement between users;
• the condition or suitability of a room;
• non-payment of rent;
• property damage;
• personal injury caused by another user;
• practitioner conduct;
• clinic conduct;
• a user’s failure to obtain insurance;
• a user’s failure to comply with professional obligations;
• reliance on inaccurate information supplied by another user;
• communications occurring outside the platform;
• a third-party website or service; or
• events outside our reasonable control.

We are not liable for indirect or consequential loss that was not reasonably foreseeable, including loss of anticipated profit or opportunity.

Where our liability cannot be excluded but can lawfully be limited, our liability for a failure relating to services may, at our option, be limited to:

• supplying the services again; or
• paying the reasonable cost of having the services supplied again.

This clause does not apply where such a limitation would be unlawful, unfair or inconsistent with a non-excludable right.

25. User responsibility and indemnity

You are responsible for loss, damage or claims caused by:

• your unlawful conduct;
• your material breach of these Terms;
• content you upload without proper rights;
• materially false or misleading information;
• your unauthorised advertising of a room; or
• your negligent or fraudulent conduct.

To the extent permitted by law, you indemnify WellnessCoWork and its officers, employees and contractors against third-party claims arising directly from that conduct.

This indemnity is reduced to the extent that the claim was caused or contributed to by WellnessCoWork’s negligence, unlawful conduct or breach of these Terms.

26. Complaints and disputes with other users

Users should first attempt to resolve disagreements directly and respectfully.

WellnessCoWork may choose to assist communications but is not obliged to:

• mediate;
• arbitrate;
• determine legal rights;
• recover money;
• enforce rental agreements; or
• represent either user.

We may request information about a dispute where it relates to platform safety, listing accuracy or compliance with these Terms.

Providing assistance does not make WellnessCoWork a party to the dispute.

27. Disputes with WellnessCoWork

Before commencing formal proceedings, you and WellnessCoWork agree to attempt to resolve the dispute in good faith.

A written dispute notice should include:

• your name;
• your contact details;
• the nature of the dispute;
• relevant dates;
• supporting information; and
• the outcome sought.

The notice should be emailed to info@wellnesscowork.com.au.

We will aim to respond within a reasonable period.

Nothing in this section prevents either party from:

• seeking urgent injunctive relief;
• exercising a non-excludable statutory right; or
• contacting an appropriate consumer-protection body.

28. Changes to these Terms

We may update these Terms to reflect:

• changes to our services;
• new features;
• changes in law;
• changes to our business model;
• security requirements; or
• improvements to these Terms.

Updated Terms will be displayed with a new effective date.

Material changes affecting existing account holders or paid services will be notified where reasonably practicable.

Changes will generally apply prospectively. They will not remove rights already accrued or materially reduce a paid service already purchased without an appropriate remedy.

Continued use of WellnessCoWork after updated Terms take effect constitutes acceptance of the updated Terms.

29. Closing your account

You may request closure of your account by contacting info@wellnesscowork.com.au.

Account closure may result in:

• removal of active listings;
• loss of access to account features;
• cancellation of future listing services; and
• deletion or de-identification of information, subject to legal and operational retention requirements.

Closing an account does not:

• cancel an agreement made directly with another user;
• automatically create a refund entitlement;
• remove information already provided to another user; or
• affect obligations that arose before closure.

30. Notices and electronic communications

You consent to receiving notices and communications electronically through:

• email;
• your account;
• the website; or
• another electronic method you have agreed to use.

You are responsible for keeping your email address current.

A communication is treated as received when it is delivered electronically, unless the sender receives a failure notification.

31. Transfer of rights

You must not transfer your account or your rights under these Terms without our written consent.

We may transfer our rights and obligations as part of a genuine sale, restructure or transfer of the WellnessCoWork business, provided that doing so does not materially reduce your existing rights.

32. Governing law

These Terms are governed by the laws of Queensland, Australia.

You and WellnessCoWork submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them.

Nothing in this section prevents a person from exercising a statutory right to bring a claim in another applicable jurisdiction.

33. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable:

• that provision will be read down to the extent necessary where possible;
• otherwise, it will be severed; and
• the remaining provisions will continue to operate.

34. No waiver

A failure or delay by WellnessCoWork to exercise a right does not waive that right.

A waiver is effective only if given in writing.

35. Entire agreement

These Terms, together with:

• the WellnessCoWork Privacy Policy;
• the listing details accepted at checkout;
• any specific promotion terms; and
• any other terms expressly accepted by you

form the agreement concerning your use of WellnessCoWork.

Where specific paid-service terms conflict with these general Terms, the specific paid-service terms apply to that service to the extent of the inconsistency.

36. Contact WellnessCoWork

Questions, notices, complaints and requests concerning these Terms should be sent to: