Terms of Use

The Company reserves the right to modify, vary, and change the Terms of Use and/or its policies relating to its Services at any time it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Services shall be effective upon the posting of an updated version at www.centream.co. You agree that it shall be your responsibility to review the Terms of Use and/or policies regularly, whereupon the continued use of the Company’s Services after any such changes, whether reviewed or not reviewed by you, shall constitute your consent and acceptance to such changes.

The Services

The Parties acknowledge and agree that these Terms of Use govern the relationship between the Company and the User relating to the User’s use of the Company’s Services, which include the:-

• Studio Booth Booking Service; 
• QC Space Booking Service; 
• Storage Service;
• Talent Booking Service; and
• Fulfilment Service.

Members

The User shall provide the Company with a list of its Members’ information, including personal details, contact details, and other information relating to the Services to the Company’s satisfaction. 

Only the individuals listed on the list of Members provided by the User shall be entitled to access and/or utilise the Facility, the Services, and benefits under the Agreement.

The Company shall have the right to conduct due diligence and background checks on the User, the User’s company, as well as the Members, and has the absolute discretion at any time to decide whether to terminate the Agreement and/or deny any of the User’s Members use of and/or access to the Facility or the Services.

User Obligations, Restrictions and Acknowledgements

The User irrevocably and unconditionally makes the following acknowledgments and also agrees to the following obligations and restrictions in its relationship with the Company.

All shipments of goods and/or items to the Facility shall be in appropriate clean pallets or as sealed cartons. Repacking charges will be imposed should the pallets or cartons arrive unsealed or not in good condition.

The User shall not bring into and/or store at the Facility any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable, comprised of human or animal parts or remains, or items that are a risk to the property of the Company or any other User. Further, the User shall not store at the Facility items that are irreplaceable and/or of high value such as currency, jewellery, furs, deeds, paintings, curios, works of art, and/or items of personal sentimental value. 

The User authorizes the Company to, in its absolute discretion, open and inspect the User’s goods and items. Further, the User authorizes the Company to dispose of and/or destroy any of its goods and items if:-

• the Company reasonably suspects that the goods and/or items violate Clause 5.3 above; 
• the Company is required to do so by any competent authority, or by law or any court order; or 
• the Company reasonably suspects there is risk of injury or damage to any property or persons.

In the event of any such opening, inspection, disposal, and/or destruction of the goods and items, the User shall have no claim against the Company for any costs, losses, and damages, and shall fully indemnify the Company for any costs, losses, and damages howsoever incurred or suffered.

The User shall use the Facility and the Services solely for the legitimate purpose of its e-commerce and/or live auctioning businesses, and shall in so doing comply with all applicable laws. In any event, the User shall not use and/or permit the use of the Facility and the Services for any unsafe, immoral and/or illegal activities, or any other activities that may bring ill-repute to the Company.

The Facility and its Equipment are provided on an as-is basis for the User’s use as part of the Services. The Company does not warrant that Facility and its Equipment are in good condition and/or are fit for any particular use or purpose. The User shall take care of Equipment belonging to the Company and/or in the Facility, and shall maintain the Facility and its Equipment by ensuring it is clean and in a state of good repair. In the event of uncleanliness or damage to the Facility and/or the Equipment, the Company shall be entitled to retain the User’s deposit and/or charge a cleaning/repair/replacement fee. The User shall indemnify the Company in respect of any and all liabilities, costs and expenses, arising from the contravention of this clause herein.

The User shall not (and shall not permit or cause the occurrence of activities involving):-

• inhabit, reside, or live in the Facility; 
• carry out or conduct any dangerous, noxious, noisy or offensive activity, or any illegal or immoral acts;
• attach paint, nails or screws to any part of the Facility, or damage and/or alter the Facility without the Company’s consent. In the event of damage and/or unauthorized alteration to the Facility, the Company shall be entitled to retain the User’s Security Deposit and/or claim full reimbursement from the User to the value of any repairs required. The User shall indemnify the Company in respect of any and all liabilities, costs and expenses, arising from the contravention of this Clause herein;
• leave behind any items, including boxes, wrapping, rubbish or other items, in or around the Facility or access thereto. Any such items will be disposed of and the User will be charged a disposal fee;
• cover up any viewing panels on any of the doors in the Facility; 
• hold themselves out as a representative of the Company or attempt to assume any obligations on behalf of the Company; and
• use the address of the Facility as a business registered address.

The User acknowledges and agrees that:-

• the Company from time to time engages external vendors, contractors, parties, agents, servants, and partners in the Facility and/or in connection with the provision of the Services to the User. The User accepts that the Company shall take no responsibility and accepts no liability for any loss, damage (howsoever caused whether direct, indirect, or consequential or loss of profit) caused by such external parties; 
• the entire Facility, including all common areas and rooms, remain in the Company’s possession and control at all times; 
• the contractual right to use any part of the Facility is personal to the User. If the User is an individual, this contractual right will automatically terminate upon the death of the User; if the User is a corporate or business entity, the right to use the Service will automatically terminate upon commencement of liquidation or similar proceedings with respect to the User;
• the Company has the right to alter or re-configure any part of the Facility, or move any furnishings at any time;
• the Company has the right to re-allocate the User to any part of the Facility that is commensurate with the User’s operating needs. The Parties agree that the Company may exercise such a right so long as the Company gives written notice of the re-allocation; and
• the Agreement is subject to the lease and or management agreement entered into between the Company and the landlord of the Facility.

The User and its Members must comply with any house rules as set out in www.centream.co that the Company may impose generally, and from time to time, whether for reasons of health and safety, convenience or otherwise. The Company may create, amend, cancel, supplement and suspend any of the house rules at any time.

Representations and Warranties

The User represents and warrants for the benefit of the Company that:-

• the User has full power and authority to enter into, exercise its rights and perform and comply with its obligations under the Agreement, and all transactions relating to the Agreement constitutes legally binding and enforceable obligations on its part;
• the User has taken all actions and fulfilled all conditions (including obtaining any necessary consents, licenses or making any regulatory filings or registrations) to enable the User to lawfully enter into, exercise its rights and perform and comply with its obligations under the Agreement and all transactions relating to the same;
• the User’s entry into, exercise of its rights and/or performance of or compliance with its obligations under the Agreement, and all transactions relating to the same do not and will not violate, or exceed any power or restriction granted or imposed by:— any applicable law or any directive or order (whether or not having the force of the law) to which it and/or the Company is subject;
  – the memorandum and articles and constitutive documents (where applicable) of the User;
  – any agreement to which it is a party or which is binding on it; or
  – any order, judgement or decree of any court or any government department or the authorities;
• all information and details provided by the User are true, accurate, complete and up-to-date in all respects and at all times.  

The User warrants that the User is not in competition, whether directly or indirectly, with the existing business of the Company.

The User warrants on a continuing basis that it has and shall in any event be deemed to have full and complete knowledge of the goods and items that the User brings and/or stores (or causes to be brought or stored) in the Facility. The User further warrants that it is the owner of such goods and items and/or is entitled at law to deal with such goods and items in accordance with all aspects of the Agreement.

The User warrants that unless otherwise permitted by the Company, the User shall at all times only use the Facility and the Services strictly for the purpose of carrying out its e-commerce and/or live auctioning business activities, and that such business activities are in all manners compliant and in accordance with all applicable laws.

Indemnity

The use of the Facility, as well as its Equipment and Services is at the risk of the User and the User is responsible for all acts or omissions in the Facility, whether or not these are authorized by the User.

To the fullest extent permitted by law, the User releases the Company and the Company’s Representatives from all claims and demands of every kind in respect of or resulting from anything that occurs in the Facility, including any accident, breakage, leakage, damage or injury, whether or not arising from negligence. The Company and the Company’s Representatives shall have no responsibility and/or liability for any loss, damage, or injury suffered by the User or its representatives whether to or in respect of their person, property or business.

The User shall indemnify, keep indemnified and hold the Company and the Company’s Representatives harmless from and against all claims, demands, writs, summons, actions, suits, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Company may suffer or incur in connection with the Agreement including all losses or damage arising directly or indirectly from:-

• the condition of or any occurrence in the Facility, including loss of life, personal injury and/or damage to or loss of property;
• any act or omission of the User or the User’s representatives including the use or misuse, waste or abuse of water, electricity or gas or by faulty fittings or fixtures of the User or execution of any additions and alterations to the Facility;
• any and all breaches by the User in complying with the provisions of the Agreement; and;
• any liability of the Company to any third party whose property is dealt with or disposed of by the Company under Clause 8.5 in the Company’s mistaken belief (which will be presumed unless the contrary is provided) that such property belonged to the User.

The User shall also fully indemnify and keep the Company fully indemnified against any loss or damage caused by the corruption of data or any loss of information from hardware, software, mechanical or online sources that arises from the use of the Facility, Equipment and Services by the User.

The User agrees to pay the Company on a full indemnity basis and immediately on-demand for:-

• all the Company’s costs and expenses incurred in taking any action to rectify any breach of the Agreement by the User; and
• all the Company’s legal costs and expenses incurred in enforcing any provision of the Agreement in the event of a breach by the User.