terms of use

Updated: November 2025
01.
About O3 Space & Scope
O3 Platforms Limited (trading as "O3") operates study-cafe venues (collectively, “O3 spaces”) alongside a digital platform comprising our website, mobile app, in-app features such as O-Coins, and other online services. These Terms of Use govern your access to and use of our venues, amenities, events, Wi-Fi, official app, and any related digital services, whether you engage with us in person or online.
References to “O3,” “we,” “us,” or “our” mean the O3 Platforms Limited entity operating the relevant O3 space or service; “you” refers to the account holder and any person accessing O3 spaces or digital services through that account.
These Terms apply to O3 spaces located in Australia and New Zealand, and to our digital services globally. They set out the rights and obligations between members and O3 in connection with the use of our spaces and services. They do not apply to third-party offerings (for example, delivery platforms, independent vendors, or external events hosted on our premises), which are governed by the terms of those third parties.
Access to O3 spaces and digital features is provided on a recurring subscription basis. Details of available plans, billing cycles, commitments, and cancellation processes are outlined in Section 4 (Plans, Billing & Changes). Any local variations required under Australian or New Zealand law are specified in Annex A (Australia) and Annex B (New Zealand).
02.
Definitions
Definitions apply equally to singular/plural.
Account Holder / Member – the person who creates and controls the O3 account and is responsible for all charges, communications, and conduct under these Terms.
O3 spaces – O3’s venues and workspaces with café service, amenities, and events.
Venue – the specific O3 space you attend; references to local time, taxes, or law are based on that Venue’s location.
AU Member / NZ Member – a member using an O3 space in Australia or New Zealand, as determined by the Venue’s address.
Plan – your selected membership: Free, Combo (no commitment, billed via Google/Apple), Brokie (commitment), or Villain (commitment). References in these Terms to a plan, membership, or subscription are used interchangeably and refer to the same arrangement.
Commitment Period – the minimum continuous period agreed for a commitment Plan (e.g. six months), extended by any pauses or suspensions.
Billing Day – the recurring day when your Plan renews and charges process (local time at the Venue).
Payment Method – a valid payment method you authorise for charges (e.g. card, app store, or similar), which may include automatic updates by payment processors.
App Store Subscription – a Combo Plan (10hr) billed and managed through Apple or Google; cancellations or changes must be made directly through the relevant app store.
Pause – a temporary stop to billing and access beginning on your next Billing Day, which extends the Commitment Period by the same duration.
Upgrade / Downgrade – a Plan change taking effect on the next Billing Day in accordance with these Terms.
Overdue Amount – any unpaid, failed, or reversed charge.
O-Coins – digital tokens redeemable within O3’s ecosystem; non-cash, non-transferable, and subject to daily and usage limits.
O-Coins Day – a calendar day measured from 12:00 am to 11:59 pm local time at the Venue for applying daily O-Coin limits.
House Rules – the venue conduct rules and operational guidelines set out in Section 6 (Venue Rules).
Valid Notice – a request submitted via O3’s online form (or, for the Combo Plan, via app-store controls) in the Venue’s local time. For membership actions such as cancellations, pauses, upgrades or downgrades, the request must be received before the next Billing Day to take effect from that Billing Day. Requests received on or after the Billing Day will be processed from the following Billing Day. For all other requests, submissions received before 11:59 pm are considered received on that date.
Local Time – the official time zone of the relevant Venue for notices, Billing Days, and O-Coins Day.
Taxes / GST – applicable goods and services tax or similar sales taxes charged at the local rate (10% for Australia, 15% for New Zealand).
Force Majeure Event – an event beyond O3’s reasonable control (e.g. flood, power outage, strike, government action, pandemic, or emergency) that temporarily or permanently affects services or access.
03.
Eligibility & Accounts
3.1 Eligibility and Capacity
To hold an O3 account, you must be at least 16 years old and have the legal capacity to enter into a binding agreement. Individuals aged 15 and under may only access O3 spaces or services through an account created and managed by a parent or legal guardian, who is deemed the Account Holder and responsible for all activity and charges. Individuals aged 16-17 may hold their own account with adult consent if required by O3.
3.2 Account Creation and Identity Verification
When creating an account, you must provide accurate, current, and complete information. O3 may request identification or other documentation to verify your identity, age, or eligibility, and may refuse or suspend an account where verification is not provided or is found to be inaccurate.
3.3 Guardian Consent and Responsibility for Minors
Where a minor (under 16 years) accesses O3 spaces or services, their supervising adult must hold the account on the minor’s behalf. The adult remains fully responsible for all activity, conduct, and payments linked to that account.
3.3 Guardian Consent and Responsibility for Minors
Where a minor (under 16 years) accesses O3 spaces or services, their supervising adult must hold the account on the minor’s behalf. The adult remains fully responsible for all activity, conduct, and payments linked to that account.
3.4 Account Ownership and Payment Responsibility
The Account Holder is the contracting party and payer for all fees and charges, unless otherwise authorised by O3 in writing. Guardians who create accounts for minors are deemed the payer and liable for any associated payments or damages.
3.5 Account Security
You are responsible for maintaining the confidentiality of your login credentials and any devices or cards linked to your account. You must not share, lend, or transfer your access credentials or membership to others. Any activity conducted through your account is deemed authorised by you.
3.6 Identity Checks and Fraud Prevention
O3 reserves the right to request identification at any time, including on-site entry, to prevent unauthorised or fraudulent access. Access may be denied or suspended if identity cannot be verified or misuse is suspected.
3.7 Termination or Suspension
O3 may suspend or terminate an account immediately if information provided is false, incomplete, or misleading, or if the account is used in breach of these Terms or applicable law.
3.8 Compliance with Local Law
O3 complies with applicable identity-verification and age-restriction laws in Australia and New Zealand, and may take reasonable steps to ensure members meet those requirements.
3.9 Membership Use and Sharing
O3 memberships are non-transferable and may only be used by the registered member; sharing, lending, or transferring a membership or account is strictly prohibited, and O3 reserves the right to suspend or terminate access for any unauthorised, fraudulent, or illegal use. QR codes and access credentials must not be shared, and we may require an ID check at any point in time during your time on premise.
04.
Membership, Billing & Changes
4.1 Plans (Memberships, Subscriptions)
O3 offers several membership options (“Plans”): Free, Combo, Brokie and Villain. The Free and Combo Plans are non-commit options, while Brokie and Villain are commitment Plans requiring a minimum six-month Commitment Period. All Plans renew automatically on your Billing Day through a recurring subscription until cancelled, paused, upgraded or downgraded in accordance with these Terms.
Notice timing: For all membership actions - including cancellations, pauses, upgrades and downgrades - you must provide Valid Notice before your next Billing Day for the change to take effect from that Billing Day. Requests received on or after the Billing Day will instead take effect from the following Billing Day. This rule applies to all Plans unless otherwise specified.
Full details of inclusions and pricing are published on our website or app and may vary by Venue and currency. Combo Plans are billed through Apple or Google, and Commitment Plans are billed directly through O3’s system.
If you cancel a Plan, you may lose access to that Plan type or its pricing if it was a promotional, limited, or legacy offer, and O3 is under no obligation to make that Plan available again if you rejoin later.
4.2 Cancellations
Combo Plan billing is managed by Apple or Google, and O3 cannot modify, cancel, or refund payments made through third-party stores. To cancel, you must follow the instructions in your app-store subscriptions. Cancellation takes effect as described in section 4.1, and you retain access until the end of the current paid period. Refunds or adjustments for Combo Plans are subject to Apple or Google’s store policies; O3 has no authority to override those terms.
For Commitment Plans (Brokie or Villain), cancellation requests must be submitted through O3’s online request form available on our website. You may request to cancel at any time after completing your Commitment Period, provided the request complies with the notice timing in section 4.1. A cancellation request is considered valid only once all eligibility requirements are met, including full payment of any Overdue Amounts, completion of the Commitment Period, and provision of any information O3 reasonably requires to verify and process your request. If a request is incomplete, unclear, or awaiting your reply to a confirmation or follow-up message from O3, it will be placed on hold until you respond, and the notice period will not begin until the request is confirmed as valid.
Your membership remains active until your effective Billing Day and will then automatically revert to the Free Plan with no further charges. Early cancellation before the end of the Commitment Period is not permitted, and you may be liable for the remainder of your contract if you end your Plan early. Cancellations take effect only from the confirmed date and cannot be backdated, even if a request was made earlier. If you cancel and later rejoin, a new six-month Commitment Period begins as a new contract, and a joining fee may apply. Cancelling your membership allows you to retain any accrued O-Coins. Payments are non-refundable except as required by law or where O3 has materially breached these Terms. Outstanding balances remain payable even if your membership ends.
4.3 Pauses
Pausing is available only to Brokie and Villain members. To pause, you must submit a Valid Notice in accordance with the notice timing in section 4.1. The pause will begin from your effective Billing Day, and you will retain access until that date. During the pause, billing stops and access is temporarily suspended until you resume.
A pause request is considered valid only once all eligibility requirements are met, including payment of any Overdue Amounts and completion of any information O3 reasonably requires to verify and process your request. If a request is incomplete, unclear, or awaiting your reply to O3’s confirmation, it will be placed on hold until confirmed, and the notice period will not begin until that time.
Each pause may last for up to three months, and your account must complete one full active Billing Cycle before another pause can begin. You may resume early by emailing O3, and your Billing Day will reset to the date your Plan restarts. The Commitment Period is extended by the same duration as the pause. There is no pause fee, and pauses do not affect your O-Coins balance.
4.4 Upgrades & Downgrades
You may request to upgrade or downgrade your Plan at any time by submitting a Valid Notice in accordance with the notice timing in section 4.1. Changes take effect from the start of the next Billing Cycle and are valid only once all Overdue Amounts are cleared.
When you move into or between commitment Plans (for example, Combo → Brokie or Brokie → Villain), a new six-month Commitment Period begins from the date the change takes effect. Downgrades from commitment Plans to non-commit Plans (for example, Brokie/Villain → Combo) are permitted only after the Commitment Period has ended.
No joining fee applies to upgrades or downgrades if your membership remains current and continuous. A joining fee applies only if your membership has been fully cancelled and you later rejoin.
4.5 Upgrades & Downgrades
You must maintain at least one valid Payment Method on file, and all charges occur automatically on your Billing Day in advance of the next billing cycle. You expressly authorise O3 to charge any Payment Method associated with your account for all applicable fees, taxes, and charges.
If a payment fails for any reason, O3 may immediately suspend your access to all O3 spaces, venues, and digital features until the payment is successfully settled. O3 may re-attempt to charge your stored Payment Method up to five times per Billing Cycle, using the same method or any available account updater provided by the payment processor. The recurring nature of billing remains in effect during this time, and missed payments do not pause or cancel your membership.
If amounts remain unpaid for thirty (30) days, O3 may refer the account to external collection services, and you may be responsible for reasonable recovery costs where permitted by law. All Overdue Amounts must be paid in full before any membership changes (such as cancellations, pauses, upgrades, or downgrades) can be processed. O3 may apply received funds first toward overdue balances, then to the current billing period.
O3 may contact you via email, SMS, phone, or in-app message regarding account, billing, or payment issues. These are service-related notices required for account management and are not considered marketing communications.
You remain liable for all Overdue Amounts notwithstanding the termination or expiry of your membership, and O3 may exercise any lawful rights and remedies to recover those amounts (including referral to collections).
Charges include local taxes at the rate applicable to the Venue (10% GST in Australia and 15% GST in New Zealand), which are included in all advertised prices, and are billed in the local currency. Payments are non-refundable except as required by law or where O3 has materially breached these Terms.
Charges include local taxes at the rate applicable to the Venue (10% GST in Australia and 15% GST in New Zealand), which are included in all advertised prices, and are billed in the local currency. Payments are non-refundable except as required by law or where O3 has materially breached these Terms.
4.6 Refunds & Disputes
O3 maintains a strict no-refund policy, which applies to all membership payments, including charges for unused time, early exits, or retrospective claims of dissatisfaction. All services are deemed made available to members throughout their paid access period, regardless of usage. If you believe an error has occurred in billing, you must contact O3 in writing before disputing a charge with your bank or payment provider. In the event of a chargeback attempt, O3 reserves the right to provide evidence of your acceptance of these Terms, usage data, and account history to dispute the claim. This clause does not limit your rights under applicable consumer laws in Australia or New Zealand.
4.7 Price Changes & Promotional Offers
O3 may update its Plan prices, features, or structure from time to time. Members will receive reasonable advance notice before any change takes effect. If you are on a non-commit Plan, the new price will apply from your next Billing Cycle.
If you are on a commitment Plan (Brokie or Villain), the price applicable at the start of your Commitment Period will remain fixed until the end of that period. Updated pricing will apply only when your Plan renews after your Commitment Period ends, unless you choose to upgrade or change your Plan earlier.
Members who do not agree with a future price change may cancel their membership in accordance with these Terms before the new pricing takes effect.
Promotional offers, discounts, or trials may vary by country or currency and may be modified or withdrawn at any time. Eligibility for promotions may be verified through your account email, payment method, or prior membership status.
05.
Digital Features & O-Coins
O3’s digital platform includes in-app and online features connected to members’ accounts and activities within O3 spaces. These may include access management, purchases, and the use of O-Coins, O3’s internal digital credit system.
O-Coins may be earned, purchased, or redeemed through eligible transactions or activities as determined by O3. They are non-cash, non-transferable, and have no monetary or stored-value status outside the O3 ecosystem. O-Coins cannot be exchanged for cash, currency, or refunds, and do not represent property, securities, or a financial product in any jurisdiction.
A daily spending limit of 1,000 O-Coins per person, per account applies to all physical purchases made across O3 Venues (such as at cafés or counters). The limit applies to the total of all physical transactions within that day, measured from 12:00 am to 11:59 pm local time at the Venue. Once the daily cap is reached, further O-Coin transactions at physical points of sale will be declined, and any excess must be settled immediately by card or cash at the point of purchase. Digital or in-app redemptions are not subject to this cap. Members are responsible for monitoring their O-Coin usage.
O3 may adjust O-Coin balances where necessary to correct errors, reflect reversals, or prevent misuse or fraud. Any attempt to manipulate, trade, or exploit the O-Coin system or O3’s digital platform may result in the immediate forfeiture of O-Coins and/or suspension of digital access. O-Coins may expire or lapse following extended inactivity, membership termination, or where required by law or system updates.
All values and redemptions include applicable local taxes. O-Coins exist solely for use within the O3 ecosystem and may be modified, replaced, or discontinued at O3’s discretion.
06.
Venue Rules (House Rules)
6.1 Conduct, Safety & Responsibility
Members must act respectfully toward staff and other patrons, follow all reasonable staff directions, and use O3 spaces, amenities, and equipment safely. Unlawful, disruptive, threatening, or offensive behaviour is not permitted. You must take care to avoid damage to O3 property; any loss or damage you cause must be reported immediately and you are responsible for the reasonable costs of repair or replacement. O3 may take proportionate steps to protect safety and operations, including asking you to relocate within the venue or to leave. Membership does not grant any tenancy, leasehold, or storage rights in O3 premises, and members must remove all personal items when leaving the space unless expressly authorised by O3.
6.2 Kids/Minors
O3 is a work-focused environment. Children under 16 must have an account created and controlled by a responsible adult and be actively supervised at all times while on premises. Infants (under 12 months) may enter if continuously supervised and secured in a pram or held. Staff may designate restricted or quiet zones where prams, scooters and play are not permitted. The supervising adult is responsible for the child’s conduct and for any loss or damage caused. Additional account and age requirements are set out in Eligibility & Accounts.
6.3 Pets & Assistance Animals
Pets and animals are not permitted within O3 premises, except for accredited assistance animals as required by law, as O3 does not have any outdoor areas where pets would otherwise be allowed, and to prevent risks of food contamination and maintain strict hygiene standards. Staff may only request permitted forms of verification for assistance animals and will offer reasonable adjustments.
6.4 Food & Beverages
Outside store-bought food or beverages (including takeaway meals, packaged café drinks, or delivery orders) are not permitted inside O3 premises. This policy helps maintain hygiene standards and support food-safety compliance within our café operations. Home-prepared food may be consumed within O3 spaces provided it does not create odour, mess, or hygiene issues, and is for personal use only. Staff reserve the right to, at their discretion, request for you to remove or discard outside food and drink or to consume it outside the venue if it poses a risk to cleanliness, contamination control, or disrupts the experience of others. Exceptions apply only for infant needs or medically necessary items. O3 operates under applicable Australian and New Zealand food-safety and hygiene laws. Allergen information is available on request, but O3 cannot guarantee an allergen-free environment. Members are responsible for managing their own dietary requirements while on-site.
6.5 Personal Belongings and Lost Property
O3 takes reasonable care to maintain a safe environment but accepts no responsibility or liability for any loss, theft, or damage to personal belongings brought into, stored in, or left within our spaces, including items left unattended or abandoned. Members are solely responsible for their property at all times. Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). Items found or left in O3 spaces will be held for up to one quarter (approximately 90 days) and may be discarded sooner if perishable. After this period, unclaimed or abandoned items may be deemed forfeited and become the property of O3, which may donate, sell, or dispose of them without notice or compensation. To claim an item within the holding period, members must contact O3 staff with a description and valid identification; proof of ownership may be required.
6.6 Refusal of Entry / Service
O3 may refuse entry, restrict service, or require you to leave where your behaviour risks safety, damages property, unreasonably disrupts others, breaches House Rules, or follows a failed payment–related suspension. Any action will be applied consistently, proportionately, and in accordance with anti-discrimination laws in the Venue’s jurisdiction.
6.7 Photography & Filming
By attending O3 spaces and events, you acknowledge there may be incidental photography or filming for community or promotional purposes. If you prefer not to appear, please tell staff and we will take reasonable steps to accommodate. Commercial or staged shoots (including professional equipment, models, or crew) require O3’s prior written approval and may require proof of insurance, a location agreement, and fees. Filming must not unreasonably disrupt others’ use of the space or capture private information.
07.
Technology & IP
7.1 Software License
O3 grants you a limited, non-exclusive, non-transferable, revocable licence to use the O3 app, website, and related digital services (“O3 Digital Services”) for personal, lawful use in connection with your membership. The software may automatically update, and certain updates may be required to continue using features. O3 may modify or discontinue features at any time. Unless stated otherwise, O3 does not provide ongoing technical support beyond reasonable efforts to maintain service availability.
Use of the O3 app obtained via Apple App Store or Google Play is also governed by the applicable app-store usage rules and terms, including payment and refund handling for in-app purchases or subscriptions. Where there is a conflict, those platform terms apply to platform-specific issues (e.g., billing via Apple/Google), and these Terms apply to your membership and access to O3 spaces.
7.2 Wifi & Acceptable Use
When using O3 Wi-Fi or networks, you agree to use them responsibly and lawfully. You must not engage in unlawful activity, spam or phishing, hacking, probing or circumventing security, scraping or automated harvesting, distributing malware, cryptocurrency mining, torrenting, or any other high-load activity that impairs network performance for others. O3 may monitor, filter, throttle, or block traffic to protect security and performance and may suspend access for misuse. You are responsible for securing your own devices and data (e.g., antivirus, updates, encryption). O3’s networks are monitored for security and performance; by using them, you consent to such monitoring.
7.3 Intellectual Property
All content, trademarks, logos, service marks, software, interfaces, and materials within the O3 Digital Services and venues are the intellectual property of O3 or its licensors. Except for the limited licence above, no rights are granted, and you may not copy, modify, reverse engineer, decompile, or create derivative works from the software or content. “O3,” “O-Coins,” and related marks are O3 trademarks; you must not use them without prior written permission. You retain ownership of your original content submitted to O3; this licence does not transfer ownership.
7.4 User Content
If you submit content to O3 (for example: feedback, testimonials, images you upload to O3 channels, or materials you intentionally provide for publication), you grant O3 a worldwide, royalty-free, sublicensable licence to host, reproduce, adapt, and display that content for the purposes of operating, improving, and promoting O3’s services and community, subject to our Privacy Policy and any settings you select. You warrant that you have the necessary rights to grant this licence and that your content does not infringe third-party rights. (Event and incidental venue photography is addressed in Venue Rules.)
7.5 Data Storage & Transfers
O3 processes and stores data in accordance with applicable privacy and data laws in Australia and New Zealand. Data may be stored or processed in either country and, where necessary, transferred cross-border subject to safeguards permitted by law. For details on what data we collect, how we use it, and your rights, see our Privacy Policy.
08.
Privacy & CCTV
8.1 CCTV Monitoring & Security
O3 spaces are equipped with closed-circuit television (CCTV) systems for safety, security, and property protection. Footage may be used to review incidents, investigate theft or damage, or assist law enforcement where required by law. Recordings are stored securely, retained only as long as necessary for these purposes, and accessible only to authorised O3 personnel or legal authorities.
8.2 Collection & Use of Personal Data
O3 collects personal information when you create an account, access our venues or digital services, make purchases, or engage with O3 events and communications. This information is used to manage memberships, process payments, maintain security, provide support, improve services, and comply with legal obligations. Personal data is managed in accordance with our Privacy Policy, which explains how information is collected, used, stored, and shared, and how you can access or correct your data.
8.3 Data Sharing & Disclosure
O3 may share limited information with trusted third-party service providers such as payment processors, IT and security vendors, and professional advisers, who are bound by confidentiality and data-protection obligations. Information may also be disclosed where required by law, to protect safety, or to enforce O3’s rights. Payment information is processed securely through third-party gateways, and O3 does not store full card details on its systems.
8.4 Privacy Rights & Applicable Laws
O3 complies with all applicable privacy and data-protection laws. For Australian members, O3 follows the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). For New Zealand members, O3 follows the Privacy Act 2020 (NZ) and the Information Privacy Principles (IPPs). Members may request access to or correction of their personal information, or raise privacy concerns by contacting O3 via the details in Section 14 (Contact Details), and all complaints will be handled in accordance with applicable law and our Privacy Policy.
09.
Consumer Law & Remedies
9.1 Non-excludable Rights
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL) or the New Zealand Consumer Guarantees Act 1993 (CGA). Those rights are non-excludable and apply in addition to any contractual benefits we offer.
9.2 Remedies - Australia (ACL)
For services supplied in Australia, if there is a major failure, you are entitled to choose a refund or to cancel the service and obtain a refund for the unused portion, and to seek compensation for reasonably foreseeable loss. For minor failures, O3 may remedy the issue within a reasonable time (for example by re-supplying the service or providing a credit); if we do not do so, you may cancel and obtain a refund for the unused portion. This section applies to venue access, café service components related to membership, and O3 Digital Services to the extent the ACL applies.
9.3 Remedies - New Zealand (CGA)
For services supplied in New Zealand, O3 guarantees services will be provided with reasonable care and skill and be fit for purpose. If a problem can be remedied, we will do so within a reasonable time (e.g., re-supply, fix, or credit). If it cannot be remedied, is not remedied within a reasonable time, or is a substantial failure, you may cancel the service and obtain a refund for the unused portion and seek compensation for reasonably foreseeable loss.
9.4 How to Seek a Remedy
To request a remedy, please contact us (see Section 14 – Contact Details) with your account email, Venue, dates affected, and a short description of the issue. We’ll assess the claim under the ACL or CGA (as applicable to the Venue), and if a remedy is due, we will provide the appropriate re-supply, credit, or refund of the unused portion in line with local law. For clarity, our general “no refunds” policy does not affect remedies you are entitled to under the ACL/CGA.
10.
Liability & Indemnity; Force Majeure
10.1 Service Basis (Subject to Consumer Rights)
Except for your non-excludable rights under the ACL/CGA, O3 spaces, café services, and O3 Digital Services are provided “as is” and “as available”; we do not guarantee uninterrupted or error-free operation and disclaim all implied warranties to the maximum extent permitted by law.
10.2 Limitation of Liability
To the extent permitted by law, O3’s total aggregate liability arising out of or in connection with these Terms, your membership, venue use, or O3 Digital Services is limited to the fees you paid to O3 for the 12 weeks immediately before the event giving rise to the claim. O3 excludes all liability for indirect, special, incidental, punitive, or consequential loss, including loss of profit, revenue, goodwill, or data, to the extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded under the Australian Consumer Law or New Zealand Consumer Guarantees Act (e.g., non-excludable consumer guarantees).
10.2 Member Indemnity
You agree to indemnify and hold O3 (and our officers, employees, and contractors) harmless from and against reasonably incurred losses, damages, costs, and third-party claims arising from: your breach of these Terms or the House Rules; misuse of O3 spaces, Wi-Fi, or O3 Digital Services; infringement of third-party rights; or damage you or minors under your supervision cause to O3 property - except to the extent caused by O3’s own negligence or wilful misconduct.
10.4 Force Majeure
O3 will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to flood, fire, storm, earthquake, pandemic, utility or internet outage, equipment or hosting failure, labour disputes, acts or restrictions of government, or civil disturbance. During a Force Majeure event, affected obligations are suspended for the duration of the event and resume once performance becomes reasonably possible; where required by the ACL/CGA, applicable consumer remedies remain available.
11.
Complaints & Disputes
11.1 Submitting a Complaint
Members who have concerns or complaints about their membership, billing, or experience at an O3 venue should first contact O3 directly in writing via the relevant email address listed in section 14. Please include your full name, membership email, details of the issue, and any supporting evidence or correspondence so that we can assess your concern efficiently.
11.2 Response & Resolution
O3 aims to acknowledge all complaints within five (5) Business Days and provide a substantive response or outcome within ten (10) Business Days where reasonably possible. Some matters may take longer to investigate depending on complexity, but O3 will keep you updated throughout the process.
11.3 Escalation & External Resolution
If a complaint cannot be resolved internally, you may escalate it to the relevant consumer protection body in your country - such as the Australian Competition and Consumer Commission (ACCC) or the New Zealand Commerce Commission (NZCC) - in line with your consumer rights under the Australian Consumer Law or New Zealand Consumer Guarantees Act. Nothing in these Terms limits your right to seek assistance or pursue other remedies under applicable law.
11.4 Chargebacks & Dispute Handling
Members are encouraged to contact O3 directly to resolve any payment or billing issues before initiating a chargeback or external dispute. This ensures a faster, more transparent resolution. If a chargeback is raised, O3 may provide your signed Terms acceptance, account activity, and billing records to the payment provider as evidence of valid charges. This clause does not limit your rights under applicable consumer law.
12.
Change to Terms; Assignment; Notices
12.1 Changes to Terms
O3 may amend these Terms from time to time to reflect updates to our services, legal obligations, or business practices. Any material change will take effect no earlier than fourteen (14) days after notice is provided. Minor or administrative updates may take effect immediately. If you do not agree with a material change, you may cancel your membership in accordance with these Terms before the change becomes effective. Continued use of O3 spaces or Digital Services after the effective date constitutes acceptance of the updated Terms.
12.2 Assignment
O3 may assign or transfer its rights and obligations under these Terms - including to an affiliated entity within O3 Platforms Limited - without requiring further consent from members. Any such assignment will not reduce your existing rights under these Terms or applicable law. Members may not transfer, assign, or sublicense their membership or any associated rights without O3’s prior written consent.
12.3 Notices & Communication
O3 may deliver notices or information to you by email, in-app message, website post, or other electronic means. Notices are deemed received when sent, or when published on the O3 website or app. You agree to maintain a valid email address and update your contact details as needed to ensure proper delivery. Notices sent by you to O3 must be submitted through the official online form or by email to the addresses listed in section 14, and will be deemed received on the next Business Day after dispatch.
12.4 Electronic Transactions Compliance
Members are encouraged to contact O3 directly to resolve any payment or billing issues before initiating a chargeback or external dispute. This ensures a faster, more transparent resolution. If a chargeback is raised, O3 may provide your signed All communications and notices under these Terms may be given electronically in accordance with the Electronic Transactions Act 1999 (Australia) and the Electronic Transactions Act 2002 (New Zealand). By agreeing to these Terms, you consent to receive all account-related notices and documents in electronic form only.Terms acceptance, account activity, and billing records to the payment provider as evidence of valid charges. This clause does not limit your rights under applicable consumer law.
13.
Governing Law & Venue
13.1 Australia
For services supplied to Australian members or used at an O3 space in Australia, these Terms are governed by the laws of the state or territory where the relevant Venue is located, and you submit to the exclusive jurisdiction of the courts in that state or territory.
13.2 New Zealand
For services supplied to New Zealand members or used at an O3 space in New Zealand, these Terms are governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts.
13.3 Digital-only Services
If you access digital-only services (without using a physical Venue), these Terms are governed by the law of your country of residence, and disputes may be brought in the courts of that country, subject to any mandatory consumer law that applies.
13.4 Local Variations
Local variations and mandatory protections applicable to Australia and New Zealand are set out in Annex A (Australia) and Annex B (New Zealand). Where there is any inconsistency, those local variations prevail to the extent of the inconsistency.
14.
Location Details
Australia
📍 Melbourne (Southbank): 87 Queensbridge St, Southbank, VIC 3006
📍 Melbourne (Brunswick): 268 Barkly St, Brunswick, VIC 3056
New Zealand
📍 Auckland: 104 Carlton Gore Road, Newmarket, Auckland 1023
15.
Annex A - Australia
A1. Governing Law
For members using O3 spaces located in Australia, these Terms are governed by the laws of the state or territory where the relevant Venue operates. Members submit to the exclusive jurisdiction of the courts in that state or territory.
A2. Consumer Rights
Refunds and remedies are provided in accordance with the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the ACL.
A3. Privacy
Personal information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
A4. Tax
Goods and Services Tax (GST) applies at the rate of 10%, included in all advertised prices. Tax invoices are available on request.
A5. Debt Recovery
Where payment remains overdue, O3 may recover reasonable debt collection costs and expenses as permitted by Australian law.
A6. Assistance Animals
Accredited assistance animals are welcome in O3 spaces in accordance with the Disability Discrimination Act 1992 (Cth). Staff may request permitted identification or verification consistent with the Act.
16.
Annex B - New Zealand
B1. Governing Law
For members using O3 spaces located in New Zealand, these Terms are governed by the laws of New Zealand, and members submit to the exclusive jurisdiction of the New Zealand courts.
B2. Consumer Rights
Refunds and remedies are provided in accordance with the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986. Nothing in these Terms limits or excludes your statutory rights under those Acts.
B3. Privacy
Personal information is handled in accordance with the Privacy Act 2020 (NZ) and the Information Privacy Principles (IPPs).
B4. Tax
Goods and Services Tax (GST) applies at the rate of 15%, included in all advertised prices.
B5. Debt Recovery
Where payment remains overdue, O3 may recover reasonable debt collection costs and expenses as permitted by New Zealand law.
B6. Assistance Animals
Accredited assistance animals are welcome in O3 spaces in accordance with the Human Rights Act 1993 and applicable disability access laws. Staff may request permitted verification consistent with those laws.