• Opus Workspaces
    Level 13, 200 Queen St,
    Melbourne VIC 3000
    T: +61 3 8648 6400

Terms & Conditions

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Opus Workspaces Pty Ltd (ACN 624 652 357). We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual from which that individual is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.

We may collect the following types of personal information: name; contact details, including home address and phone number; age or date of birth; details of rent payments; details of telephone calls, charges and payments; licensee’s bank account details; licensee’s credit card details; financial position of some defaulting licensees; allocation of room; service requests, complaints and feedback; your server address, top level domain name (eg, .com, .gov.au, etc), statistics on page views, traffic to and from the sites, and standard other web log information; other metadata arising out of use of our services; any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information; or any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties (including Opus’ parent, Barristers’ Chambers Limited). We may collect this information when you: apply to licence an office or otherwise make arrangements to pay fees or other charges to us; apply for additional services from us; access and use our website; or submit a service request (electronically, by phone or in person).

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

We may collect, hold, use and disclose your personal information for the following purposes: as requested by, or consented to, by you; to administer the hire of serviced offices and charges for our additional services; to recover outstanding monies; to operate, protect, improve and optimise our website, services, business and our users’ experience, such as to perform analytics; to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; to provide you with information about new services provided by Opus or its service providers that may be of interest or relevant to your practice or business; to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and to consider your employment application.

We may disclose personal information for the purposes described in this privacy policy to: our employees; our parent company’s employees and officers; visitors to our serviced offices seeking your location or contact details; third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our services to you); professional advisers, dealers and agents; payment systems operators (eg merchants receiving card payments); our existing or potential agents, business partners or partners; anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us; and/or other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

We may disclose personal information outside of Australia to service providers in the United States of America, countries within the European Union (including the United Kingdom), Switzerland, South Africa, and Singapore.

When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. We use a variety of physical, electronic and managerial procedures to safeguard your personal information. For example, we use unauthorised entry detection procedures and industry-standard Secure Sockets Layer encryption on our web pages where personal information be entered. However, we cannot guarantee the security of your personal information.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

If you are not satisfied with our response to your complaint, you may contact the Office of the Australian Information Commissioner.

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Address:
Attn: General Counsel
Isaacs Chambers
Level 8, 555 Lonsdale Street
Melbourne VIC 3000

Email: privacy@vicbar.com.au
Phone: 03 9225 8888

Effective: 29 October 2018

 

Communications & Technology Usage

Terms and Conditions

Thank you for accessing the Opus network and Opus services (each, as defined below).

The Opus network and Opus services are operated by Opus Workspaces Pty Ltd (Opus). By accessing and/or using the Opus network or Opus services, you agree to these Terms and Conditions, which also include our Privacy Policy (available here) (Terms). You should review our Privacy Policy and these terms carefully and immediately cease using the Opus services and Opus network if you do not agree to these Terms. Opus may update or amend these Terms from time to time in accordance with clause 21.

In these Terms:
• ‘us’, ‘we’ and ‘our’ means Opus and our related bodies corporate; and

• ‘publication date’ means the date these Terms are first published on the Opus website and marked in the footer of this document.

Please read these Terms carefully before continuing registration. By clicking the “I Accept” button, signing these Terms or otherwise accepting these Terms by using or accessing the Opus services, you acknowledge that you have read, understand and agree to follow and be bound by the terms and conditions of these Terms.

The following documents comprise your agreement with Opus in respect of the Opus network and the Opus services:

• these Terms;

• any Order Form (as defined below); and

• any service level agreement attached to your Order Form or published by Opus from time to time on its website and expressed to be applicable to your service (SLA).

Everyone who uses the Opus network or Opus services, whether in the Opus offices or elsewhere and whether using equipment provided by Opus or otherwise, must comply with these Terms. This includes all tenants, all staff and authorised independent contractors.

 

The Opus network means the local area network, software, hardware, computer networks and other technology (whether owned by Opus or not) used for the provision of, or contained in, the Opus services.

‘Opus services’ means:

• internet access services;
• fixed-line (including ‘voice over IP’) telephone services (including handsets);
• facsimile lines;
• audio and/or audio-visual conferencing services;
• managed printing services; and.
• and such other services as Opus nominates from time to time as an Opus service.

Opus does not provide end-use computers, mobile phones, tablets or personal printers. You will be required to bring your own Device in order to access the Opus network and many of the Opus services. You remain solely responsible for your devices at all times. The Opus network does not support the use of third-party network devices, such as routers, switches or wireless access points, and if such a device is detected, you may be asked to remove it.
A limited number of corporate customers may request access to the Opus frame room to install corporate networking hardware. An access fee is payable, the amount of which will be determined on application.

Access to the frame room(s) is limited by space and Opus and its related company’s operational requirements. Access will be granted or denied in Opus’ absolute discretion. If access is granted, it will be subject to such conditions as Opus in its absolute discretion determines are necessary, including in relation to size, placement, and access to non-Opus personnel. All installations are at your own risk, and you are required to maintain insurance over any devices installed. Physical access to customer services located in Opus frame room will also be restricted at the discretion of Opus Workspaces.

In order to access the Opus network or any Opus services other than as a ‘guest’, you are required to submit a completed order form with Opus for such services (Order Form).You may access and use Opus’s internet, fixed-line telephone, and/or managed printing services if you, or your employer, has signed an Order Form to receive these services and Opus has agreed to provide you with such services. Opus may accept or reject an Order Form in its sole discretion.

If on the publication date, you (or your employer) already pay fees for Opus services, then you (or your employer) shall be deemed to have submitted an Order Form to acquire those Opus services that are listed on the last Opus invoice paid immediately prior to the publication date, at the price set out therein.

Guests and other associates are not permitted to access or use the Opus network unless nominated by a registered Opus Service consumer and authorised by Opus. Guest and associate access will be limited to the guest services Opus in its absolute discretion elects to make available, which may be limited in terms of download speed, capacity and by elapsed access time.

If you have voicemail established on any telephone service, you will be required to set up a PIN code. You MUST change the default PIN code for your voicemail. Continuous (eg 1234) or repetitious (eg 1111) number sequences for PIN codes are prohibited.

You must treat all passwords as sensitive, confidential information. You will be held responsible for all actions which relate to your use of the Opus services.
You may be obliged by Opus to regularly reset your password.

If you suspect that your password or access code may have been disclosed or your account compromised, you should change all passwords and report the incident to Opus Reception. Although it is under no obligation to do so, if Opus reasonably believes that your credentials have or may have been compromised, Opus reserves the right to reset your password or access code. Where reasonably practicable, Opus will notify you before doing so.

A username and password will be issued for each user to access the Opus WIFI service.

The Opus network is an open network. Devices connected to the Opus network may be visible to other devices connected by other Opus clients. You are responsible for ensuring the security of your device and we encourage you to activate and maintain a robust firewall, antivirus, and other security measures on your attached devices. You can find more information about this here:

Windows: https://www.microsoft.com/en-au/windows/comprehensive-security
Mac: https://www.securemac.com/osx/how-to-configure-mac-os-x-firewall

Although all reasonable care is taken by Opus to secure its own devices, Opus does not warrant or guarantee that use of the Opus network will be risk-free and you use the Opus network at your own risk.

In addition to these Terms, you must also comply with:

• all reasonable directions of Opus from time to time;
• all applicable legal (including contractual) and professional or ethical obligations; and
• all applicable Opus policies and procedures and

You must not use the Opus network or Opus services for any illegal or inappropriate purpose. You must comply with all applicable laws including those that apply to the access and use of a computer system or data contained in, or accessed through, a computer system. Some specific prohibitions are listed below. This list is not exhaustive. You must always use your common sense and best judgment in deciding whether a particular activity is appropriate.

You must not use any part of the Opus network or Opus services:

• to gain access to, download, save, store or transmit illegal content;
• to conduct or be associated with criminal activity;
• for the creation, storage or dissemination of destructive computer programs (eg. viruses or selfreplicating codes);
• in any way that damages or interferes (or threatens to damage or interfere with) the efficiency of the Opus network or an Opus service;
• in such a way that adversely affects (or might, if known to others, adversely affect) the reputation or professional standing of Opus, its owners, or Opus’s service providers, such as Telstra Corporation Limited;
• to send a communication in someone else’s name without their authority; or
• to access, download, save, store, send or display from the internet (or any other source), or compose an email message or other communication containing, material (including but not limited to sexually explicit material) that:
• may offend, humiliate, or intimidate another person;
• may result in another person feeling victimised, undermined or threatened;

• makes a reasonable viewer think less of a person who is the subject of the communication;
• exposes a person to ridicule, hatred or contempt; or
• injures a person in his or her trade, profession or financial standing; or
• infringes another person’s rights in respect of the handling of personal information under the Privacy Act 1988 (Cth).
In addition to the above, you are responsible for the use of equipment (hardware) and service and must not use any part of the Opus telephone services equipment or service for:
• the provision of call centres and/or cold calling advertisements including calls that could potentially have the Opus telephone numbering system added to the “Do not call register”
• any automated means of making telephone calls, sending text and/or MMS messages;
• anything that interferes with or threatens to interfere with the efficiency of our network
Further, you must not:
• copy, install, download, modify, adapt, reverse engineer, disassemble or decompile any software comprised in the Opus network;
• alter, tamper, reverse engineer, repair or attempt to repair the Opus network or any hardware used to provide the Opus services, or cause or allow a third party to do any of these acts;
• tamper with any equipment belonging to or managed by Opus or its service providers;
• attempt to install (or attach) any software product, hardware or other devices to the Opus network unless specifically authorised to do so by Opus;
• misuse, abuse, vandalise, wilfully or intentionally damage or otherwise negligently operate any Opusprovided hardware; or
• use consumables other than those provided by or recommended by Opus for use with printers.

In order to protect all users of the Opus network and consumers of Opus services, Opus reserves the right to monitor network traffic and test the network to assess its performance and integrity. Opus reserves the right to disconnect any Device or adjust connectivity level (throttling) if it reasonably believes it is a risk to the safe and/or efficient operation of the Opus network, or any Opus service.

Opus may suspend or cancel the provision of any or all of the Opus services where a third-party service provider has suspended, cancelled or has otherwise impacted Opus’s ability to continue providing the relevant service.

Opus may suspend a service during maintenance, relocation or replacement of equipment forming part of the Opus network. The temporary suspension of an Opus service for any of the reasons set out in this clause do not entitle you to a refund of any fee you have paid.

If you fail to comply with any part of these Terms or the acceptable use policy set out below, Opus may suspend or cancel your access to Opus services. Further, a failure to comply with these Terms or the acceptable use policy may result in the termination of your agreement with Opus for Opus services.

You agree to pay the fees for your use of the Opus services in accordance with your Order Form. If you fail to pay all applicable fees by their due date, we may suspend your access to any or all Opus services.

Opus reserves the right to change its Fees and payment terms, in its sole discretion, from time to time Opus will provide you with a minimum of 1 months’ notice of any change in Fees and payment terms applicable to your Opus services.

We collect personal information about you in order to facilitate your use of the Opus network and for purposes otherwise set out in our Privacy Policy (available here).
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our products or services to you.

We may also disclose your personal information to other recipients that are located outside Australia, including to service providers and business partners located in the USA, EU, UK and Singapore. Although we do not disclose your personal information overseas, your personal information may be processed through services located outside Australia.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at the Opus Reception or via email at frontdesk@opusworkspaces.com.au

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

You agree and acknowledge that you are solely responsible for any content created on, or uploaded to, the Opus network by you or on your behalf (Your Content). You must also ensure your content, and the use and dissemination of Your Content via the Opus network is in compliance with any applicable laws, including but not limited to the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

You acknowledge that the Opus services are dependent on third party messaging, communications, processing and other third-party systems which can be subject to breakdown or interruption due to events outside the control of Opus. Should such a breakdown or interruption occur, Opus must take all commercially reasonable steps to reduce the duration of the breakdown or interruption. Except as expressly set out in any applicable Service Level Agreement, Opus will not otherwise be liable for any failure, delay or other matter resulting from such breakdown or interruption of a third-party system, whether that third-party system relates to electricity, telecommunications, internet, other utilities or otherwise.

You must not do anything which damages the reputation of any of our third-party suppliers, or brings them, their brand or their products into disrepute.

It is your responsibility to maintain confidentiality at all time. You must handle all information stored in or accessed through the Opus network as confidential.

You must not access, disclose, copy, reproduce, distribute or use confidential information and should notify the Opus Reception or email at frontdesk@opusworkspaces.com.au if you become aware of any misuse or potential misuse or such information. You should also be aware that confidential information is always at risk of being disclosed in a variety of ways, including by the use of social media. Always consider carefully what information you are sharing and whether it is appropriate to do so.

Opus reserves the right to monitor, log, and audit all information traversing the Opus network including meta data. Opus may use this information at Opus’ discretion and will share this information with relevant authorities if legally obliged to do so.

As noted in clause 7, Opus provides no guarantees or warranties about the safety or security of using the Opus network. The Opus network is available to Opus staff, suppliers, partners, clients and visitors and it is your responsibility to ensure your devices are configured to provide you with protection against inappropriate access and viruses.

You should not use the Opus network to store or communicate sensitive personal information or information that is highly confidential unless you are confident that your security measures are appropriate.
To the extent permitted by law, Opus accepts no responsibility for any loss, cost, damage or expense incurred by you or any third party in relation to loss of or access to any data on the Opus network.

Opus expressly reserves the right to conduct without notice network and security checks (including internet penetration testing) on the Opus network and any device to which it is connected. Opus’s checks may test access controls on confidential or sensitive information, and grant Opus a licence to access that confidential and sensitive information for the purposes of confidential testing only. Opus may utilise your or your instructor’s publicly-available personal information as part of its testing. If Opus’s testing detects vulnerabilities in a user’s device that in Opus’s reasonable opinion must be addressed to avoid or mitigate a material risk to Opus’s network, Opus may notify the affected individuals and require them to take additional security measures, such as changing passwords, using increased security features, installing and maintaining virus-checking software, and patching or updating software programmes. Opus reserves the right to suspend your access (or your access through a particular device) if you do not comply with Opus’s reasonable directions.

From time to time we may introduce adaptations, developments or enhancements to the Opus network, or may make changes to the tools and features of any part of the Opus network including the availability of various services. We will provide you with reasonable prior notice before removing any material feature of the Opus network unless security, legal, system performance or third-party licence considerations or obligations require an expedited modification or removal.

From time to time it will also be necessary for us to conduct maintenance and testing of the Opus network and Opus services. During such maintenance and testing periods, you may not be able to access some, or all, of the Opus services. We will endeavour to provide you with prior notice of such maintenance and testing periods, but do not warrant that we will always be able to do so. We accept no liability for any loss, cost, damage or expense incurred by you or any third party in relation to loss of or access to the Opus network or any Opus services during maintenance and testing periods.

This includes the Opus telephone system which is provided over the Opus network as opposed to a traditional phone line, and therefore in the event of a power outage you acknowledge and accept:
• you will not have access to internet and/or telephone services
• you will be unable to make or receive calls (including emergency calls)
• you must not rely solely on your telephony service to make emergency calls and require an alternative means of communication to contact emergency services.
• We recommend that you retain a dedicated, charged mobile device in order to make emergency calls in the event of a power or internet connectivity outage.

Opus may immediately terminate your access to the Opus network and/or Opus services, and its agreement with you under these Terms on written notice to you if:

• you fail to pay any amount due under these Terms and fail to remedy that breach within fourteen (14) days after receiving notice requiring you to do so;

• you cease to be a client (or any employee of a client) of Opus;

• you breach any other material provision of these Terms; or

• you attempt to assign, or assign, any right under these Terms otherwise than in accordance with these Terms.
Opus may also terminate these Terms without cause by giving you at least 30 days prior written notice. Upon termination, you shall cease all use of the Opus network, and we reserve the right to delete any data we have in relation to your use of the Opus network or Opus services.

To the full extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause.

Other than as set out in any SLA, to the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Opus network, or that:

• the use of the Opus network will be secure, timely, uninterrupted or error-free;

• the Opus network will operate in combination with any other hardware, software, system, or data;

• the Opus network or any Opus services will meet your requirements or expectations;

• any stored data will be accurate or reliable or that any stored data will not be lost or corrupted;

• errors or defects will be corrected; or

• the Opus network (or any server(s) that make a hosted service available) are free of viruses or other harmful components.
Subject to the SLA, the Opus network and all other products are provided “as is” and to the extent permitted by law (including the Australian Consumer Law if applicable), we disclaim any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.

We shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control.

• Opus shall defend, hold harmless and indemnify you from and against any loss suffered or incurred by you arising out of or in connection with any claim that the Opus network infringes any intellectual property right or other right of any third party, except to the extent that such loss is caused or contributed to by your act or omission.

• You shall defend, hold harmless and indemnify Opus and its related bodies corporate and personnel (the Opus Indemnified Parties) from and against any loss suffered or incurred by the Opus Indemnified Parties arising out of or in connection with:

• any breach by you of clause 8 or 12;

• Your Content used or disclosed by you in connection with these Terms, including any claim by any person that your content infringes any intellectual property right or other right of any third party;

• the use of the Opus network or Opus services by you and your personnel;

• your installation of any hardware or connection of any devices to the Opus network or;

• any loss or damage to property arising out of or otherwise in connection with any wrongful act or omission of yours.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Opus network and/or the information or materials contained on it, or as a result of the inaccessibility of the Opus network and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
To the maximum extent permitted by law, including the Australian Consumer Law, in all circumstances, Opus’s maximum liability to you in the aggregate will be limited to the fees paid by you to Opus for the service in the previous 12-month period.

We may update or modify these Terms from time to time. Opus will notify you of any amendment to these Terms published on our website and/or in writing via your registered email address. Your subsequent or continued use of the Opus network will constitute acceptance of any changes. If you do not agree to any change to the Terms, you must immediately stop using the Opus network.

You must not sub-license, assign, or attempt to sub-license or assign, any right arising out of these Terms, or these Terms, without Opus’s prior written approval which may be withheld at its complete discretion. Opus may assign or subcontract all or part of these Terms to any other party.

Each party must take all steps as may be reasonably required by the other party to give effect to these Terms and transactions contemplated by them.
Any provisions of these Terms which are noted as surviving, or by their nature are intended to survive, termination or expiry of these Terms, will survive any such termination or expiry for whatever reason.

• These Terms contain the entire agreement between the parties with respect to their subject matter and supersede any oral or written prior agreement, representation or understanding relating to these Terms.

• These Terms may be executed in multiple counterparts and by electronic means.

• You acknowledge that in entering these Terms you have not relied on any representation or warranties about its subject matter except as provided in these Terms.

• If any provision of these Terms is held to be invalid, illegal or unenforceable, these Terms will continue otherwise in full force and effect apart from such provision which will be taken to be deleted. These Terms are governed by the laws of Victoria; Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in that state

Code of Conduct

Opus Workspaces is determined to provide a safe, respectful and harmonious environment for all its employees, its tenants and their employees, contractors and clients, its contractors and their employees and sub-contractors, and all visitors to its premises.

Accordingly, Opus Workspaces Pty Ltd expects its employees, tenants and contractors:

• to maintain a respectful and harmonious environment, free of harassment, victimisation, unfair discrimination, and bullying, abusive, offensive or otherwise inappropriate behaviour

• in connection therewith, to take reasonable steps to ensure that their employees, contractors and sub-contractors maintain such a respectful and harmonious environment

• to maintain a safe and healthy environment and to comply with all safety practices and procedures prescribed by Barristers’ Chambers Limited for them, including evacuation drills and,

• to ensure that their employees, contractors, sub-contractors, clients and visitors comply with all safety practices and practices and procedures applicable to them. In cases of serious breaches of this Code of Conduct, by an employee or tenant of, or contractor to, Opus Workspaces Pty Ltd may terminate their tenancy or engagement, as the case may be.

If you require more information about this policy, please contact Opus Reception on
03 8648 6400 or via email at frontdesk@opusworkspaces.com.au