The Member Organisation and Members will abide by all rules and regulations as determined by us and communicated to the Member Organisation, including by email, and/or as published on our website (collectively the “MM Colab Rules“). MM Colab may add, delete, or amend the rules and regulations at our reasonable discretion and with reasonable notice to the Member Organisation. The Member Organisation is responsible for ensuring its Members comply with all MM Colab Rules, and the Member Organisation and each of its Members acknowledge and agree to the following:
1. Colab Community
1.1. No Member will use the Services to conduct any activity that is generally regarded as offensive.
1.2. The Member Organisation shall ensure that its Members conduct themselves in a professional manner at all times, without disturbing other users of the Premises, and that suitable attire is always worn.
1.3. The Member Organisation shall always ensure that its Members act in a respectful manner to all persons and that they refrain from any abusive, discriminatory, and/or harassing behaviour.
1.4. MM Colab does not control and is not responsible for the actions of other Member Organisations, their Members, or any other third parties. If a dispute arises between any Member Organisation, any of their Members, or their invitees or guests, MM Colab shall have no responsibility or obligation to participate, mediate, settle the dispute or indemnify any party.
1.5. Canvassing, soliciting, and peddling of any nature whatsoever are prohibited at the Premises.
1.6. To utilise all the functionalities offered by MM Colab, it may be necessary to install software onto a Member’s computer, tablet, mobile device, or other electronic equipment. In addition, from time to time, at a Member’s request, we, or an affiliate, or our or their agent or service provider, may help troubleshoot problems a Member may have in trying to access certain functionalities, such as printing or accessing the Internet. Regarding the foregoing, the Member Organisation and each of its Members agree that MM Colab and our affiliates:
i. are not responsible for any damage to any Member’s computer, tablet, mobile device or other electronic equipment, or otherwise to a Member Organisation or a Member’s system, related to such technical support or downloading and installation of any software
ii. do not assume any liability or warranty if any manufacturer warranties are voided; and
iii. do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
1.7. The Member Organisation further undertakes that it shall not (and it shall procure that its Members shall not):
i. Install any software on any of the Networks without the prior written consent of MM Colab.
ii. In any way disrupt and/or interfere with any of the Networks
iii. Should the Services be compromised or experience disruptions, MM Colab shall not be liable for any cost, loss, damage, claim, or similar, whether direct or indirect or consequential arising therefrom.
2. Security, Health and Legality
2.1. Keys, key cards, and other such items used to gain physical access to the Premises, or the Workspace and Dedicated Space (if applicable) remain our property. The Member Organisation will cause its Members to safeguard our property and it will be liable for replacement fees should any such property be lost, stolen, or destroyed.
2.2. No Member will make any copies of any keys, keycards, or other means of entry to the Workspace and Dedicated Space (if applicable) or the Premises or lend, share or transfer any keys or keycards or other means of entry to any third party unless authorised by MM Colab in advance
2.3. MM Colab and any MM Colab Representatives shall always be entitled to full access to the Serviced Space, provided that the MM Colab Representatives shall endeavor to create as little disturbance as possible to the Member Organisation and its Members while so doing.
2.4. No Member will install any locks to access the Workspace and Dedicated Space (if applicable) or anywhere within the Premises, unless authorised by MM Colab in advance.
2.5. No Member will allow any guest(s) to enter the Premises without registering such guest(s), in accordance with MM Colab’s standard procedures and policies relating to guests and invitees and performing any additional required steps according to our policies.
2.6. MM Colab may, but have no obligation to, regularly record certain areas in the Premises via video, provided that we shall respect our members’ privacy.
2.7. All of the Member Organisation Members must be at least 18 years of age.
2.7.1 The Member Organisation shall be solely and fully responsible for ensuring that no alcohol is consumed by visitors of the Member Organisation who are younger than 18 years of age.
2.7.2. MM Colab will always comply with the current and future Covid 19 Health regulations as may be gazetted from time to time.
2.7.3. The Member Organisation and its Members’ computers, tablets, mobile devices, and other electronic equipment must be (i) kept up-to-date with the latest software updates provided by the software vendor and kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile, and/or intrusive operations. MM Colab reserves the right to remove any device from our Networks that poses a threat to our Networks or the users thereof until the threat is remediated; and
2.8. No Member will use the Services to conduct or pursue any illegal activities or any activities, actions, or inactions that may reasonably be considered to in any way endanger the lives of other Members, Visitors, or Colab personnel.
2.9. No Member will misrepresent himself or herself in any manner to the MM Colab community, either in person or on the MM Colab Member Network.
2.10. The Member Organisation and its Members warrant not to use the Services to access, share, download, view, copy, distribute and/or disseminate any content of the following nature:
i. Illegal, pornographic, grossly violent, defamatory, discriminatory nature.
ii. In violation of any copyrights, trademarks, or other intellectual property rights of any person.
iii. Any content (including threats) that is intended to cause harm or harassment.
iv. Is intended to be used to commit any theft, fraud, forgery, or other act of dishonesty; or
v. Would result in a criminal offense and/or any civil liability for the Member Organisation, any Member or MM Colab.
3. Our Administration
3.1. The Member Organisation shall promptly notify MM Colab of any change to its contact and payment information.
3.2. MM Colab will provide notice to the Member Organisation of any changes to services, fees, or other updates by emailing the email addresses provided by the Member Organisation. It is the Member Organisation’s responsibility to read such emails and to ensure its Members are aware of any changes, even if we notify such Members directly.
4. Orderly Operations
4.1. Carts, dollies, and other freight items which may be made available may not be used in the passenger elevator except at our discretion.
4.2. The common spaces are to be enjoyed by all our Member Organisations, their Members and guests unless otherwise instructed by MM Colab, and are for temporary use and not as a place for continuous, everyday work.
4.3. The Member Organisation will provide us with reasonable notice of and complete all required paperwork prior to hosting an event at the Premises.
4.4. The Member Organisation may not make any alterations and/or installations of additional design elements and furniture in the Workspace and Dedicated Space (if applicable) without prior consultation and approval by MM Colab. All alterations and/or installations are subject to our community guidelines. If any alterations and/or installations are made, The Member Organisation shall also be responsible for the full cost and expense of the removal of any such items and any restoration necessitated by any such alterations. To the extent that MM Colab incurs any costs in connection with such alteration, installation, or removal which are not otherwise paid by the Member Organisation we shall deduct such costs from the Service retainer. Prior to any such alteration, installation, or removal the Member Organisation shall coordinate with the MM Colab Community Manager at the Premises to discuss the appropriate time, manner, and means for our facilities team to perform such alteration, installation, or removal, and at no time shall the Member Organisation or any of its Members perform any alteration, installation or removal itself.
4.5. The Member Organisation shall not make or obtain copies of any Keys and the Member Organisation shall not allow access to the Premises to any person not specifically authorised to attend the Premises and shall ensure that any guests and/or invitees adhere to the protocols relating thereto.
4.6. Should any Keys be lost or mislaid, the Member Organisation shall advise MM Colab immediately upon the Member Organisation and/or the Member becoming aware thereof and MM Colab shall be entitled to charge the Member Organisation for the costs of any replacement Keys and reasonable security measures that may be necessary because of such loss.
4.7. The Member Organisation may not affix any additional locks or bolts to any part of the Premises and/or the property of MM Colab, nor change any of the existing locks, without the prior written approval of MM Colab.
4.8. No Member will attach or affix any items to the walls or make any other alterations to the Workspace and Dedicated Space (if applicable) or install antennas or telecommunication lines or devices in the Workspace and Dedicated Space (if applicable) or the Premises or bring any additional furniture into the Workspace and Dedicated Space (if applicable) or the Premises, in each case without our prior written consent. Such consent shall not be required for Workspaces if the Workspace constitutes a Dedicated Workspace Cluster.
4.9. The Member Organisation Workspace has a limited capacity. If the number of Members or other individuals regularly using its Workspace exceeds the number allocated on its MembershipForm, the Member Organisation will be required to pay the then-current additional fee as set forth on WeAreColab.com/fees.
4.10. Perform any activity that is reasonably likely to be disruptive or dangerous to us or any other Member Organisation, or our or their employees, guests, or property (including the Premises), including without limitation the Workspace and Dedicated Space (if applicable) or the Premises.
4.11. No Member will use the Workspace and Dedicated Space (if applicable) in a “retail,” “medical,” or other nature involving frequent visits by members of the public.
4.12. MM Colab shall ensure that My Premises are cleaned regularly and at no additional cost to the Member Organisation. Notwithstanding this, the Member Organisation is required to use and maintain My Premises in a reasonably clean and tidy manner. Should the Member Organisation request any additional cleaning services, the cost of such services shall be borne by the Member Organisation.
4.13. If the Workspace and Dedicated Space (if applicable) is in the Premises designated by MM Colab to be one in which pets are permitted, and if any Member plans on regularly bringing a pet into the Workspace and Dedicated Space (if applicable) or otherwise into the Premises, MM Colab may require this Member to produce proof of vaccination for such pet in a form satisfactory to MM Colab. All pets should remain inside the Workspace and Dedicated Space (if applicable) unless accompanied by a Member. If any of your Members bring a pet into the Premises, you will be responsible for any injury or damage caused by this pet to other members or guests or to the property of MM Colab or any employees, members, or guests. None of the MM Colab Parties will be responsible for any injury to such pets. We reserve the right to restrict any Member’s right to bring a pet into the Premises at our sole discretion.
5.1. MM Colab may disclose information about the Member Organisation or its Members as necessary to satisfy any applicable law, rule, regulation, legal process, or government request or as we otherwise deem reasonably necessary for the protection of MM Colab, other Member Organisation or other Members.
5.2. The Member Organisation grants MM Colab permission to use its name, trademark, and/or logo to identify it as a Member of MM Colab, alongside those of other Members, on a public-facing “Membership” display on our www.WeAreColab.com website. The Member Organisation acknowledges that MM Colab may, from time to time, use its name, trademark, and/or logo incidentally and/or in passing in connection with the promotion of our and our partners’ businesses, products, and services during and after the Term. To the extent (i)any such use is objectionable to the Member Organisation,(ii) the Member Organisation notify MM Colab of its objections in writing, and (iii) provided that MM Colabwork promptly and in good faith to remove or minimize to the extent reasonably possible under the circumstances the effect of the objected-to conduct, and the Member Organisation hereby waives any claims or damages against MM Colabrelating to such use.
5.3. No Member will take, copy, or use any information or intellectual property belonging to any other Member Organisation or their Members or guests, including without limitation, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement.
5.4. No Member will take, copy, or use for any purpose the name “MM Colab” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers, or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior written consent, and this provision will survive termination of this Agreement.
5.5. For the duration of this Agreement and for a period of 6 months thereafter, the Member Organisation undertakes that it shall not, whether directly or indirectly, solicit, offer employment to, or in any way encourage any MM Colab Representative to leave the employ of MM Colab. If the Member Organisation breaches this provision, the damages suffered by MM Colab will be deemed to be at least, the amount equal to 6 month’s total cost to the company in respect of any such MM Colab Representative, which the Member Organisation will pay to MM Colab within 5 days of receipt of a written request from MM Colab.
6. Processing Consent (Protection Of Personal Information Act No. 4 of 2013)
The Membership Organisation, acknowledge and confirm that MM Colab may:
6.1. process my information, including, amongst others information regarding marital status, national origin, age, language, birth, education, financial, identifying number, e-mail address, physical address, telephone number, online identifier, biometric information, and my name (the processing of information includes the collection, storage, updating, use, making available or destruction thereof) to (amongst others):
6.1.1. Comply with legislative, risk, and compliance requirements (including directives, sanctions, and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfill reporting requirements and information requests;
6.1.2. Detect, prevent, and report theft, fraud, money laundering, and other crimes;
6.1.3. Enforce and collect on any agreement when in default or breach of the agreement terms and conditions, like tracing;
6.1.4. Perform historical, statistical, and research purposes;
6.1.5. Enable MM Colab to deliver documents or notices to me;
6.1.6. Conduct security, identity verification and check the accuracy of my information; share my information with the following persons (amongst others) who have an obligation to keep my information secure and confidential;
6.1.7. Attorneys, tracing agents, debt collectors, and other persons that assist with the enforcement of agreements;
6.1.8. Payment processing services providers, merchants, banks, and other persons that assist with the processing of payment instructions;
6.1.9. Law enforcement and fraud prevention agencies;
6.1.10. Regulatory authorities, governmental department, local and international tax authorities, and other persons that MM Colab under the law has to share my information with;
6.1.11. Persons to whom MM Colab cedes its rights or delegates its obligations;
6.1.12. Process my information outside of the borders of South Africa, according to the safeguards and requirements of the law. The person processing my information will apply the same level of protection as required in South Africa
6.1.13. process my information using automated means (without human intervention in the decision-making process) therewith to make a decision about me or my application for any product or service. I may query the decision made. The Member Organisation (and each of its Members) may access the information that MM Colab has about it and may request MM Colab to correct or delete the information if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or no longer authorised to be kept and may file a complaint with the Information Regulator, about an alleged contravention of the protection of my information and I may withdraw consent which allows MM Colab to process my information, except if otherwise allowed, or required by law.