Terms and Conditions

Thank you for choosing to stay at The Cambium. These Terms of Service contain the rules that you can and should follow when making use of the Venue and enjoying our Services. If you have any questions at any time about The Cambium, please feel free to contact The Cambium via curateyourstay@thecambium.com.au Visitors, please contact your Event host directly with any queries not related to the Venue or Services offered by The Cambium.

  1. Key Terms

    Capitalised terms used in these Terms of Service have the following meanings:

    Agreement means these Terms of Service (including the attached Guest Guidelines) read together with an applicable Booking Form.

    Booking means the confirmed arrangement for the use of the Venue and the Services for the Booking Period, as agreed on the Booking Form.

    Booking Form means a written document identifying the Guest, Booking Period, Services, and Fees applicable to a Booking, including in the form of the attached Booking Form or an email or invoice provided by The Cambium to the Guest.

    Booking Period means the period from the start date/time to the end date/time identified in the Booking Form in which the Guest will have the use of the Venue and the benefit of the Services as set out in these Terms of Service.

    Business Day means a day in which banks are open in Victoria, Australia excluding Saturday, Sunday and public holidays.

    The Cambium means The Cambium Pty Ltd (ACN 655 806 965), the licensor of the Venue and supplier of the Services.

    The Cambium means The Cambium Pty Ltd (ACN 655 806 965), the licensor of the Venue and supplier of the Services

    Event means the purpose for which the Guest has made the Booking and for which the Visitors will be attending the Venue.

    Fees means all amounts owed to The Cambium for the Services, as specified in an applicable Booking Form and/or invoice.

    Final Payment means a remainder amount which, when paid, will constitute payment in full of the Fees.

    Guest means the party identified in a Booking Form as the party agreeing to receive the Services and/or pay the Fees.

    Services means all goods and services provided by The Cambium to the Guest in connection with the Booking, including providing access to the Venue and any other services identified in the Booking Form.

    Venue means The Cambium premises, 183 Arthurs Seat Rd, Red Hill, or any part thereof identified in an applicable Booking Form.

    Visitors are individuals affiliated with the Guest and authorised to access the Venue and enjoy the Services on behalf of the Guest in connection with a Booking

  2. Bookings & Services

    1. Booking Agreement

      Subject to the payment of all Fees and the Guest’s compliance with these Terms of Service, The Cambium will provide the Guest with the Services and with access to the Venue for the duration of the Booking Period in accordance with these Terms of Service. These Terms of Service must be read together with the Booking Form, and will together form a binding Agreement between parties in relation to the Booking, effective from the date on which the Booking Form is executed by both parties or the date on which payment in of the Fees in any amount (including in the form of a deposit) is received, whichever is earlier.

    2. Venue Bookings and Procedures

      The following procedures apply to requests for Bookings:

      1. Tentative Booking: The use of the Venue for the Booking Period is reserved for a maximum period of 5 Business Days from the date at which The Cambium supplies the Guest with the Booking Form.

      2. Confirmed Booking: The Booking will be confirmed when an Agreement is formed in accordance with clause 2.1 of these Terms of Service. If the Booking is not confirmed within 5 Business Days of the Booking Form being provided, The Cambium may release the booking hold without notice at no cost to the Guest.

    3. Additional Services

      In addition to the Services outlined in the Booking Form, The Cambium may be able to accommodate the following specific requests by agreement:

      1. Religious requirements: such as needing a prayer space. Please let us know prior to your arrival so we can accommodate for this.

      2. Dietary requirements: The Cambium can cater for basic dietary requirements. These include gluten free, dairy free, vegetarian and vegan. Please let us know of any basic dietary requirements more than 10 Business Days from the beginning of the Booking Period.

      3. Third-party service provider coordination: The Cambium may assist the Guest in event planning and coordinating third-party service delivery, including but not limited to restaurants and transportation companies. The Cambium will not be liable in any way in connection with the supply of third-party services. It is the responsibility of the Guest to pay the fees applicable to any such third-party services (though, by agreement, this may be paid by The Cambium from Fees paid for Services)

      4. Events hosted by The Cambium or The Loom: The Cambium or its affiliates may host events and provide access to entertainment and informational sessions for the Guests and Visitors. These events may be subject to separate event terms and conditions as notified to you from time to time.

    4. Visitors

      1. Visitors may only access the Venue and use the Services as authorised by the Guest and approved by The Cambium. The Guest responsibility for the Visitors at the Venue. All Visitors must report to reception on arrival and may be required to provide proof of identity and authorisation from the Guest (including Event ticket confirmation, or similar).

      2. The Booking Form may specify a maximum Visitor number for the Booking. The Cambium cannot guarantee that additional Visitors can be accommodated once the Booking has been confirmed, but such requests will be considered subject to availability (and payment of additional Fees as notified by The Cambium).

      3. Without limiting The Cambium’s rights of action against Visitors or any person, Guests are liable for, and indemnify the Cambium for and against, any breach of these Terms of Service by Visitors and any loss, damage, cost, claim, or expense suffered or incurred by The Cambium in relation to property loss or damage or personal injury or death arising from an action or omission of a Visitor as if it was an action or omission of the Guest. It is the sole responsibility of the Guest to ensure that Visitors have notice of these Terms of Service in connection with the Booking.

    5. License

      Subject to the Guest’s compliance with these Terms of Service, The Cambium grants the Guest a temporary, limited, non-exclusive, revocable licence to enter and occupy the Venue during the Booking Period for the following purposes only:

      1. conducting the agreed Event;

      2. authorising Visitors to access the Venue and enjoy the Services; and

      3. other incidental, reasonable, and lawful use of the Venue and Services consistent with the Guest’s obligations under these Terms of Service.

    6. Revocation of License and Refusal of Service

      1. revoke the licence granted to the Guest at clause 2.5;

      2. require that any Visitor immediately leave the Venue or any part thereof, and request assistance from the Guest (or Event co-ordinator) or appropriate authorities in removing the Visitor from the Venue

      3. refuse to provide some or all of the Services to the Guest or any of its Visitors (which will constitute a cancellation in whole or in part by the Guest, for which the neither the Guest or Visitor will be entitled to refund in accordance with clause 5 of these Terms of Service); and

      4. refuse to permit the Guest or any Visitor to re-enter the Venue or enter into any future Booking.

  3. Guest Obligations

    In connection with its use of the Venue and enjoyment of the Services, the Guest agrees to at all times:

    1. use the Venue only in compliance with all applicable laws, regulations, by-laws and codes of practice;

    2. comply with and observe all directions, orders and policies (including the Guest Guidelines) notified by The Cambium or its representative (including third party provider of the services) to the Guest or any person affiliated with the Guest;

    3. ensure that any and all Visitors, staff, contractors, or and third-party service providers employed or engaged by the Guest in connection with an Event and/or Booking shall do so subject always to the prior approval of The Cambium and on any terms, it specifies;

    4. ensure that no Visitors are below the age of eighteen (18) and can provide proof of age and identity upon request or, subject to The Cambium's prior approval in writing, any Visitor below the age of eighteen (18) is accompanied by a parent or legal guardian;

    5. ensure that no Visitors smoke or use electronic cigarettes within the Venue or engage in any other behaviour which is damaging, disruptive, offensive, aggressive, threatening, discriminatory, derogatory, or harmful in respect of any person or property;

    6. ensure that no alcohol is being brought onto the premises by the Guest or its Visitors (save with The Cambium’s prior written consent) and that any alcohol supplied to Visitors is consumed responsibly and in compliance with any applicable liquor licence conditions;

    7. ensure that no animals (including pets) are brought onto the venue without prior written consent from The Cambium;

    8. promptly report to The Cambium any damage to the property or the Venue and notify The Cambium of any defect or other issue in respect of the Services; and

    9. ensure that the consumption of items provided by the Venue is honestly and accurately recorded and reported to The Cambium and that such items are consumed only on a fair use basis.

  4. Payment

    1. Final Payment

      Final Payment is due ten (10) Business Days prior to the beginning of the Booking Period, or earlier if the Booking is confirmed within 10 Business Days of the commencement of the Booking Period.

    2. Preferred method of Payment

      Credit card details will be required to confirm your Booking and take the deposit, Final Payment, and any additional/incidental Fees incurred during the Booking Period. Visa and Mastercard are accepted and will incur a transaction fee of 0.45%, Amex 2% and other cards will incur additional charges. The Cambium does not accept cash payment for Services. Additional and incidental Service Fees will be billed to the Guest at the conclusion of the Booking Period (for immediate payment prior to departure).

    3. Invoices & GST

      The Cambium will issue tax invoices to the Guest for amounts due to be paid to it under an Agreement. Unless otherwise provided in an Agreement, any monies payable under an Agreement have been calculated excluding GST. Any amount payable on account of GST as a consequence of any supply made under an Agreement is to be paid to the party making the supply at the same time as payment is made for the relevant supply. If The Cambium agrees to receive Event ticket fees or other amounts from Visitors on behalf of the Guest, The Cambium may issue the Guest with a Recipient Created Tax Invoice (as defined in the GST Act) or require the Guest to provide an invoice to The Cambium for any amounts to be remitted.

    4. Overdue Fees

      The Guest agrees that Fees unpaid after the due date will immediately become enforceable as a debt. Interest will be payable on any unpaid Fees at the rate of 10% p.a. from date on which payment is due until Final Payment is made and the Guest will be liable for any costs incurred by The Cambium in relation to collection and recovery of any outstanding amounts (inc. court fees, recovery agent fees, and legal costs).

  5. Cancellation and Alteration to Bookings

    1. If your Visitors cancel: The Venue Fee is unaltered, but The Cambium may in its discretion alter the Service Fees if there is a significant change in Visitor number and Services required. The Cambium will not reduce the Final Payment if your Visitors cancel within ten (10) Business Days of the start of the Booking Period.

    2. If the Guest requests to cancel a Booking or change the Booking Period: All bookings are final once confirmed. If the Guest cancels a Booking, fails to arrive, or requests an alteration to the Booking Period, The Cambium cannot guarantee the availability of the Venue for rescheduled Bookings. Except as required by law, no refund will be provided in relation to Fees paid. and credits will only be provided at The Cambium’s discretion.

    3. Cancellation due to unforeseen circumstances: if you are affected by COVID-19 or serious circumstances otherwise outside of your control that prevent you from attending the Venue during the Booking Period, please contact us prior to the start of the Booking Period to discuss. If a Booking or Event is cancelled by The Cambium, we will do our best to notify you as soon as possible and will, where practical, provide affected Guests with the option to reschedule (with a credit towards future bookings in the amount of Fees paid).

    4. Bookings made through a third-party booking service: The Cambium is not a party to any agreement with a third-party booking service provider. The Cambium is not liable for the refund of fees paid to a third-party booking service provider. Please contact your third-party service provider directly in the event of cancellation or to request alteration to your Booking.

  6. Liability & Indemnities

    1. Limitation of liability:

      The Cambium excludes all representations, warranties, or terms implied by law, and any and all liability for any loss, cost, damage, or claim (including in negligence) suffered or incurred by the Guest or its Visitors in connection with an Agreement. To the extent that any liability of The Cambium cannot be excluded in accordance with the foregoing, then The Cambium limits such liability to (at its election) either:

      1. in the case of goods or services supplied, to: (i) replacement of the goods or the supply of equivalent goods or services; (ii) repair of the goods; or (iii) payment of the cost of replacing, repairing or acquiring equivalent goods or services;

      2. in respect of any liability which cannot otherwise be limited in accordance with this clause, in aggregate, to payment of an amount equal to the total amount of Fees paid to The Cambium for any relevant Services; or

      3. such other amount or remedy as may be the minimum required by law.

    2. Indemnity:

      The Guest indemnifies The Cambium for and against loss, cost, damage, or expense (including reasonable legal fees) suffered or incurred by The Cambium in relation to property loss or damage or injury to or death of any person in connection with an act or omission of the Guest or a Visitor, save to the extent that any such loss, cost, damage, expense, or claim is directly caused by The Cambium’s negligence.

    3. Insurance

      In connection with an Event:

      1. The Guest must obtain an applicable public liability insurance policy to cover injury to persons and damage to property with a limit of no less than $20,000,000.

      2. The Guest must ensure that any third-party service providers (including speakers and facilitators) have product liability or professional indemnity insurance applicable to their supply of services.

      3. The Guest must provide proof of insurance and certificates of currency to The Cambium on requests

  7. Termination

    1. By the Cambium

      The Cambium may terminate an Agreement at any time by notice in writing to the Guest with immediate effect, if:

      1. the Guest is in breach of an Agreement and such breach is incapable of being rectified or if capable of rectification, such breach is not rectified within five (5) Business Days of written notice (specifying the breach) from The Cambium to the Guest;

      2. the Guest suffers an insolvency event or becomes unable to pay its debts at any time

      3. any damage has been caused or there is a reasonable likelihood that damage will be caused to the Venue as a result of any act or omission by the Guest

      4. the Cambium reasonably considers that an emergency exists in the Venue that may cause loss of life, injury or danger to persons or destruction of or damage to property; or

      5. the Venue is destroyed or damaged in whole or in part which results in the Venue being unable to be occupied or used for the purposes set out in an Agreement

    2. By the Guest

      The Guest may terminate an Agreement at any time by notice in writing to The Cambium with immediate effect if The Cambium is in breach of an Agreement and such breach is incapable of being rectified or, if capable of rectification, such breach is not rectified within five (5) Business Days of written notice of breach from the Guest to The Cambium.

  8. Confidentiality

    1. Each party must keep confidential and not use or allow, make or cause any disclosure of any of the terms of an Agreement (including any written or oral agreements, negotiations or information in relation to an Agreement) or any document or information acquired in connection with an Agreement that is identified to that party as being confidential, or that the party knows, or reasonably ought to know, is confidential to the other party.

    2. A party’s obligations in this clause do not apply to use or disclosures to the extent that the use or disclosure is: (a) required by law or by a lawful requirement of any government or governmental body, authority or agency having jurisdiction over a party (provided the party gives the other party reasonable prior notice of such a disclosure obligation, if possible); (b) of information which is at the time generally and publicly available other than as a result of breach of confidence by any person; or (c) pre-approved by the other party in writing).

  9. General Terms

    1. Governing Law

      An Agreement is governed by the laws of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and their courts of appeal.

    2. Independent contractors

      The parties agree to enter into an Agreement as independent contractors. Nothing in an Agreement is intended to create any agency or partnership between them or to authorise either party to create or assume any liability in the name of, or on behalf of the other party. Nothing in an Agreement confers on the Guest any right as tenant of the Venue and any implication or inference that a relationship of landlord and tenant is created between the parties, is expressly denied.

    3. Entire Agreement

      The terms and conditions of an Agreement contain the entire agreement concluded between the parties, and supersede and replace any prior representations, negotiations, or Agreements, in respect of that subject matter. An Agreement may be executed in any number of original counterparts and each counterpart, taken together, will form one Agreement.

    4. Variation

      An Agreement may only be amended or modified by a document in writing signed by the parties

    5. Assignment

      Neither party may transfer, novate, or assign any of its rights or obligations under an Agreement save with the prior written consent of the other party (not to be unreasonably withheld)

    6. Subcontractors

      Both The Cambium and the Guest may use subcontractors to provide the Services. Subject to the provision at clause 2.3(c) regarding third party service providers, each party will remain liable for any act or omission of the subcontractor or sublicensee they engage as if it were an act or omission of their own.

SCHEDULE 1 GUEST GUIDELINES

Technology use – We believe that the more you can immerse yourself into The Cambium, the more you can benefit. Because of this we recommend that technological devices are only to be used as needed and preferably in your own room.

Fire safety – The Cambium has a number of open fire facilities that are available for Visitors’ and Guests’ use. Please follow instructions from The Cambium staff and ensure the safety of Guests and Visitors at all times.

Kitchen facilities – The Cambium has two kitchens onsite and guests have access to utilise these. Please follow instructions from The Cambium staff and ensure the safety of Guests and Visitors at all times.

Recreational equipment – Equipment including but not limited to sporting equipment and our recreational lounge net may be used by Guests and Visitors without supervision. Please ensure that this is done safely, and that safety instructions are adhered to.

Walking trails outside The Cambium property – The property adjoins The Endeavor Fern Gully Reserve and other walking trails. Guests and Visitors who access these do so at their own risk. We encourage Guests and Visitors to wear appropriate footwear and to notify a member of The Cambium team if they plan to access these.