GENERAL TERMS OF SERVICE 

INTRODUCTION 

By visiting or using this Website You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Website. If You disagree with the changes then You must stop visiting and using this Website.  

Colo connects workers to workspaces.  As a user of our site, you fall into one of two categories: “Guests” or “Hosts.” Guests are registered members who use Colo to find, book, and pay for flexible workspaces. Hosts are registered members who use the site to offer, publish, and manage their workspaces. 

To access our service, you need to create a registered account. It’s important that you keep your account information up to date. This helps us ensure the accuracy of our records and provide you with a smooth experience. 

It is important to note that Colo NZ Ltd does not own, control, offer, or manage workspace listings. We serve as the platform that facilitates connections between Guests and Hosts. When you make a booking, the contract is directly between you and the Host. Colo NZ Ltd is not a party to this contract, nor are we a real estate broker, insurer, or agent for either Guests or Hosts, except as specified in our payment terms. 

DEFINITIONS  

In these Terms, the following words have the following meanings: 

Our IP: means intellectual property owned or licensed by Us relating to Our Website, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world. 

Listing: means a host created page hosted on Colo which outlines the property description, rates, availability, workspace rules, services, amenities, and other terms and conditions. 

Privacy Statement: means Our Privacy Statement available at https://colo.works/privacy/. 

Products: means any products provided to by Us via this Website. 

Services: means any services, features or functionalities provided to You by Us via this Website. 

Website: means this website www.colo.works and app.colo.works  

We, Us and Our: means Colo NZ Ltd. 

You: means you as an individual and Your has a corresponding meaning. 

ACCESS AND USE OF THE WEBSITE 

You agree to access and use the Website and any Products and Services in accordance with these Terms and all applicable laws. 

We grant You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing. 

You may: 

• temporarily download one copy of the Website content for personal, non-commercial transitory viewing only.   

You may not: 

• Archive, copy, reproduce, distribute, modify, display, publish, license, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content; 
• Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website; 

• Use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website; 
• Reverse engineer, disassemble or decompile any software or software processes in relation to the Website;  
• Use the Website content for any commercial purpose, or for any public display (commercial or non-commercial); 
• Remove any copyright or other proprietary notices on the Website;  
• Install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website, Products or Services. 

OUR OPTIONS 

Under these Terms, We may: 

• Edit or remove any content, features or functionality of the Website; 
• Monitor Your use of the Website;  

If You breach these Terms, We may: 

• Suspend or terminate Your use of the Website; and/or 
• Take legal action against You. 
• We may terminate access to the Website at any time without notice.  Our No Warranty/Disclaimers and Limitation of Liability will survive such termination. 

INTELLECTUAL PROPERTY 

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Website or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You agree and acknowledge that: 

You agree and acknowledge that: 

• We retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and 
• no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit. 

PRIVACY AND COMMUNICATION 

By using the Website, You agree to abide by and comply with Our Privacy Statement located at https://colo.works/privacy/. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us at info@colo.works. 

NO WARRANTY/DISCLAIMER 

To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website. 

You acknowledge that: 

• Your use of the Website is at Your sole risk;  
• The Website are provided “as is” and “with all faults”; and 

• the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;  
• We may cease to make available any of the Website content; 
• the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Website. 

LINKED SITES 

This Website may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy and/or availability on those websites.   

INDEMNITY  

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Website. 

LIMITATION OF LIABILITY  

Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law. 

To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit. 

Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.  

GENERAL PROVISIONS 

Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.  

Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us. 

No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (Right) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms. 

Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent.  We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.  

NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Website and the supply of any Products and/or Services to You by Us and any other matter arising from these Terms are subject to the laws of New Zealand.  You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand. 

Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter. If you are a Member subject to a Licence Agreement with Us, if the terms of that agreement conflict with these Terms, the provisions of that agreement prevail. 

Your Rights: The Website’s contents have not been prepared by taking into account the particular situation or needs of any individual users.  Other than Your rights under the Consumer Guarantees Act 1993. 

Contact:  If You have any questions or concerns in relation to the website, related services or terms and conditions, please contact us via the “Contact Us” link provided on the Website.  

Force Majeure: Colo is not liable for delays or failures due to events beyond its control, such as natural disasters, war, terrorism, government actions, pandemics, or labour strikes 

REVIEWS 

After each visit guests and hosts will have an opportunity to review one another. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Colo for accuracy and may be incorrect or misleading.  Should any information be misleading please contact info@colo.works and we will seek to remedy the issue.   

CONTENT  

On the Colo platform, you can submit various types of Content including but not limited to images, videos and written content. By doing so, you give Colo a global, royalty-free, perpetual license to use, modify, and distribute this Content. Our Privacy Policy covers any personal information included. If Colo funds or aids in creating Content, we may own it, as specified in additional terms. You’re solely responsible for your Content and must ensure it doesn’t violate third-party rights or our Content and Non-discrimination Policies.  

COLO PLATFORM RULES 

You must adhere to the following rules and not assist or encourage others to violate or circumvent these rules: 

Act Responsibly and Respectfully:  

• Act with integrity and treat everyone with respect. 
• Do not deceive, misrepresent, or impersonate others. 

• Maintain courtesy and respect in all communications and interactions. 
• Follow our Non-discrimination Policy and refrain from discriminating against or harassing others. 
• Follow any hosts’ onsite rules including health and safety requirements. 

Technical Integrity 

• Do not engage in scraping, hacking, reverse engineering, or any activity that compromises or impairs the platform. 

• Avoid using bots, crawlers, or other automated means to access or collect data from the platform. 
• Do not attempt to bypass any security measures in place to protect the platform. 

Authorised Use 

• Use the platform only as permitted by these Terms or any other agreement with us. 
• Use another member’s personal information only as necessary for transactions as authorised by these Terms. 

• Do not send commercial messages without explicit consent from the recipient. 
• Use content available through the platform solely for authorised use as a Guest or Host. 

Financial Integrity 

• Do not make or accept bookings or payments outside the platform to evade fees, taxes, or for any other reason, unless specified in our Offline Fee Policy. 

Third-Party Interactions 

• Do not require or encourage Guests to interact with third-party websites, apps, or services unless authorised by us. 

No Manipulation 

• Do not engage in practices intended to manipulate our search algorithm. 

Genuine Bookings 

• Only book Host Services if you intend to use them. 

Intellectual Property 

• Do not use, copy, or display the platform’s content, branding, or design without our consent. 

Legal Compliance 

• Comply with all applicable laws, including privacy, data protection, and export laws. 
• If you provide someone else’s personal information, ensure you are authorised to do so and that it complies with our Privacy Policy. 

Unauthorised Activities 

• Do not organise or facilitate unauthorised parties or events. 

Branding and Trademarks 

• Do not use or register any name, logo, or trademark that could be confused with our branding. 

Lawful Services 

• Do not offer services that violate any laws or agreements that apply to you. 

TERMINATION, SUSPENSION & OTHER MEASURES 

You may end this agreement at any time by emailing us or deleting your account.  

We may terminate this agreement with 30 days’ notice via email or other contact methods you’ve provided. Immediate termination may occur for breaches of Terms, Additional Legal Terms, Policies, or applicable NZ laws. Accounts inactive for over two years may be terminated without notice. 

If you breach our Terms, Legal Terms, Policies, or NZ laws, or if we believe it’s necessary for protection, we may without notice: 

• Limit or suspend your platform access and account. 
• Remove Listings, Reviews, or other Content. 
• Cancel bookings. 
• Revoke any special account status. 

For minor issues, we’ll notify you and offer a chance to resolve them. You can appeal our actions by contacting customer service. If a booking is cancelled, the Host’s payment will be adjusted for any refunds or costs incurred. 

We may take necessary actions to comply with NZ laws or governmental orders, including the measures outlined above.   

If you’re a Host and terminate your account, all bookings are cancelled, and Guests are refunded. If you’re a Guest, refunds depend on the booking’s cancellation policy. No restoration of account or Content is allowed post-termination. 

Sections that naturally extend beyond termination will continue to apply. 

MODIFICATION 

We may update these Terms at any time. Material changes will be posted on the platform and notified via email 30 days before they take effect. If you disagree, you can terminate the agreement immediately. Continued use after the changes take effect signifies your acceptance. 

1. COLO’S ROLE 

We provide a platform for Members to list and book workspaces but can’t control Member conduct nor can we provide property advice. While we have the right to monitor usage and verify information, we’re not obligated to do so. We may modify or remove Content for various reasons, including compliance with laws and these Terms. Decisions about applying our Additional Legal Terms and Policies are at our sole discretion. Members must cooperate in any investigations related to platform use. Colo acts only as a collection agent for payments, not as an agent for any Member. 

MEMBER ACCOUNTS 

 You must be 18 or older to register an account, and you must not be barred from using our platform by any applicable laws. Keep your account information accurate and up to date. Only one account per person is allowed. You’re responsible for keeping your login details secure and for any activity on your account. Notify us immediately if you suspect unauthorised access. We may, but aren’t obligated to, verify your identity or background, including criminal records, as permitted by NZ law. 

DISCLAIMER OF WARRANTIES  

We offer the platform and content ‘as is,’ without any warranties, express or implied. We don’t endorse or guarantee the quality, legality, or safety of any Guest, Host, or Listing. We also don’t guarantee uninterrupted service or the effectiveness of any verification checks. All disclaimers apply to the fullest extent allowed by NZ law. Any statutory rights you have can’t be disclaimed but may be limited as permitted by law. 

INDEMNIFICATION  

You agree to indemnify Colo against any claims or losses arising from: (i) breaching these Terms or our Additional Legal Terms, Policies, or Standards, (ii) misusing the platform, (iii) interactions with Members leading to injuries or damages, (iv) failure to handle Taxes correctly, or (v) violating laws or third-party rights like intellectual property. This is to the fullest extent allowed by NZ law. 

CONTRACTING ENTITIES  

Colo NZ Ltd is providing the marketplace services however as noted in there is a license directly formed between host and guest.   

DISPUTE RESOLUTION 

Disputes are resolved through negotiation with Colo’s customer service or, if necessary, binding arbitration.  Before arbitration, both parties must attempt informal resolution. Notices of dispute must be sent to specified addresses and include specific details. Arbitrator’s decision is final and can be entered into any court with jurisdiction. 

Exceptions to arbitration include intellectual property disputes, emergency injunctive relief, and certain other cases, which will be handled in court. 

GUEST TERMS 

SEARCHING  

You can use the Colo site to search for workspaces by cultural fit, date, location and type.  You can use the filters to refine your search results with the results based on their relevance to your criteria.  Relevance may also consider price, reviews, popularity and other factors.   

BOOKING 

When you receive confirmation from a host that you have booked a listing, you are agreed to pay all charges for your booking including the space price, applicable fees, offline fees, taxes and any other costs identified during check out (collectively called the “Total Price”), When you receive a booking confirmation, a contract for Host Services (a “Workspace License”) is formed directly between you and the Host.  It is your responsibility to read and understand the Hosts’ License rules, standards, policies, and requirements prior to booking a Listing.  In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Hosts’ License, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the License. You are also agreeing that Colo may charge you (as defined in the Payment Terms) in order to collect Damage Claim (as defined in Section 3.7) amounts.  It is your responsibility to read and understand the Hosts’ rules, standards, policies, and requirements prior to booking a Listing.  

WORKSPACE LICENSE  

 A Workspace License is a limited license to enter, occupy, and use the Workspace. The Host retains the right to re-enter the workspace during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past agreed opening hours, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable penalties. You may not exceed the maximum number of allowed Guests. 

FEES 

When you reserve a workspace, you agree to pay the full amount specified for your booking. This includes the listed price, any applicable fees such as our service charge, Goods and Services Tax (GST), and any additional items identified during the checkout process (collectively referred to as the ‘Total Price’). You also consent the payment method you’ve provided, as outlined in the Payment Terms, for any damage claims as detailed in Clause 3.7. Upon receiving your booking confirmation, a contract for Host Services (‘License’) is established directly between you and the Host. In addition to these Terms and Conditions, you are also bound by and responsible for adhering to the terms of the License. This includes, but is not limited to, the cancellation policy, health and safety guidelines, and any other rules, standards, or requirements specified in the Listing, on entry to the workplace or during the checkout process. It is your responsibility to read, understand, and comply with these rules, standards, policies, and requirements prior to completing your booking. 

CANCELLATION 

Any cancellations by either host or by guest are determined by our cancellation policy.  If you encounter any issues, 

YOUR RESPONSIBILITIES, RIGHTS AND ASSUMPTION OF RISK 

Your responsibilities and rights are outlined in this document however in addition every host will have a workplace health and safety plan and likely additional responsibilities which you will need to comply.  You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any workspace. Culture is important to us, and you must act with integrity, treat others with respect, and comply with applicable laws at all times. Please treat the workplace as you would your own, and ensure that the workspace and any associated fixtures, fittings or equipment are left in the same state as when you arrived.  Should you, your guest or pets not meet these requirements you may be liable for paying all damage claims resulting from the lack of compliance.   

You acknowledge that workplace activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to the workplace and use of the Colo platform.  It is your responsibility to ensure that you comply with any workplace safety standards, plans and if you are unclear to enquire further,  

RESOLVING COMPLAINTS & DAMAGE CLAIMS 

If a Member proves you or your guests caused damage, they can file a Damage Claim through the Resolution Center. You’ll be notified and can respond. If you agree to pay or Colo validates the claim, the amount will be collected from you. Colo may also seek recovery through your insurance or legal avenues. You agree to cooperate fully in resolving Damage Claims or other complaints. 

HOST TERMS 

HOSTING ON COLO 

If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services. 

Host Responsibilities: As a Host, you can use Colo to list your workspace and set your own terms, including price and availability.  It is also your responsibility to have all appropriate workplace rules and regulations in place including health and safety plans and furthermore it is your responsibility to ensure that the guest is informed of these rules and where necessary is provided with appropriate training and complies.   

Guest Contracts: Accepting a booking means you’re entering a license with the Guest. You’re responsible for delivering the service as listed, and you agree to pay Colo’s service fees and any applicable taxes. Payments will be deducted from your earnings unless otherwise agreed. 

Independent Status: Your relationship with Colo is as an independent entity, not as an employee or partner. Colo doesn’t control your services nor provide advice on terms; you decide what to offer, when, and at what price. 

Your Responsibilities: You’re accountable for your actions and those of anyone involved in providing your hosting services. Make sure to set your price and list any additional fees clearly on your Colo listing. Collecting extra charges outside of Airbnb is not allowed unless specifically approved by our policies. Also, don’t ask guests to engage with third-party platforms in ways that violate Colo’s Off-Platform Policy. 

Culture is important to us, and you must act with integrity, treat others with respect, and comply with applicable laws at all times.  

You acknowledge that operating a workplace carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of providing these services.  Every host should have a workplace health and safety plan and likely additional responsibilities which you will need to comply with and convey appropriately to your guests.   

MANAGING YOUR LISTINGS 

Creating and Managing Your Listing: Colo offers tools to help you set up and manage your listing easily. Make sure all information, including pricing and rules, is accurate and up to date. We recommend getting suitable insurance for your services and workspace. 

Legal Obligations: You’re responsible for understanding and complying with New Zealand laws and any third-party agreements that may affect your listing. This could include local council rules, lease agreements, or body corporate association guidelines. You’re also responsible for handling guest data in compliance with New Zealand privacy laws. If you’re unsure about legal requirements, seek professional advice. 

CANCELLATIONS AND BOOKING MODIFICATIONS 

Cancellations: If a Guest cancels, your payment depends on the cancellation policy. Don’t cancel on a Guest without a valid reason. If you do, you may face a fee. If a Guest faces issues or there are extenuating circumstances, your payment may be reduced. Colo can recover refunds from your future payouts. Colo’s policies override your own cancellation policy in certain situations. 

Booking Modifications: Both Hosts and Guests are responsible for any changes to bookings. Any extra costs due to these changes must be paid for 

TAXES 

Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable GST or other indirect taxes.