By accessing or using sidespace you agree to be bound by these terms
and conditions of use (and the other terms and conditions and policies referred to in
these terms and conditions and any other notices on the sidespace site as amended from
time to time).
- sidespace publishes or makes available on sidespace information,
advertisements, product and service offers, property data, Software and links and
other content supplied by sidespace and third parties (Material). sidespace does not
warrant, represent, authorise or endorse the reliability, accuracy or completeness
of any such Material published on sidespace or on any web site that links from
sidespace (including third party display advertisements).
- sidespace does not and cannot provide any warranty in relation
to any real property and/or goods or services advertised for rent or use on
sidespace by third parties including, but not limited to, any representation or
warranty that the real property and or goods or services are of merchantable
quality, fit for the purpose intended, safe for the purpose intended, as described
by the property owner and/or lister or owned by the property owner and/or lister.
- You are solely responsible for all information that you submit
to sidespace and any consequences that may result from your post. We reserve the
right at our discretion to refuse or delete content that we believe is inappropriate
or breaches these terms. We also reserve the right at our discretion to restrict a
user's usage of the site either temporarily or permanently, or refuse a user's
registration.
- Use of sidespace is for your personal and non-commercial use
only. Except for the Material held in your computers cache or a single permanent
copy of the Material for your personal use, you must not without the prior written
approval of sidespace:
- modify, copy, distribute, transmit, display, perform,
reproduce, publish or licence any Material;
- use or attempt to use any Material published on
sidespace to create any web site or publication or searchable database;
- mirror or frame any web site or page within sidespace;
- use any automated process of any sort to query, access,
retrieve, data-mine or copy any Material on sidespace or generate or compile
any document, index or database based on the Material published on
sidespace;
- transfer or sell any information, functionality or
products or services offered on sidespace; or
- Undertake any other action which is in violation of
these terms and conditions (or other terms and conditions and policies
referred to in these terms and conditions) or any applicable law.
sidespace may in its absolute discretion terminate your right to
access and use sidespace at any time.
- Whilst sidespace endeavours to ensure that the Material on
sidespace is correct, current and free from errors, sidespace does not warrant the
accuracy or completeness of or the representations made by the Material on sidespace
or any web site that links from sidespace or any information received as a result of
using sidespace. You are responsible for assessing the accuracy of the Material and
rely on it at your own risk.
- The services and Material made available on sidespace are
provided as general information only. The services and Material are not professional
or expert and are not a substitute for such advice and may not be appropriate,
correct or sufficient for your circumstances and should not be relied on as the only
reason you do or don't do anything; and may not be continually accessible or free
from errors or viruses.
- You agree to indemnify sidespace against any liability, loss,
claim or demand of every description if sidespace (or any of its officers,
representatives, employees or agents) suffers any loss or damage or incurs any cost
in connection with a breach by you (or any of its officers, representatives,
employees or agents) of these terms and conditions.
- You must keep your username and password to access sidespace
secure and confidential and not provide those details to any third party under any
circumstances. You represent and warrant to sidespace that you accept all liability
for any unauthorised use of any username and password issued to you.
If sidespace offers goods or services to you, including Your ability
to advertise or list any property for rent and/or booking or using any property offered
for rent on sidespace, the services are subject to additional terms and conditions
including the Advertising Terms and Conditions. To the extent of any inconsistency
between these terms and conditions and the additional terms and conditions, the
additional terms will prevail to the extent of the inconsistency.
Owners/Listers pay a fee for using sidespace. You will be able to
review and accept terms that will be clearly disclosed at the time you post your ad. Our
fees are quoted in Australian Dollars, and we may change them from time to time. We'll
notify you of changes to our fee policy by posting such changes on the site. We may
choose to temporarily change our fees for promotional events or new services, these
changes are effective when we announce the promotional event or new service. Our fees
are non-refundable (unless otherwise stated), and you are responsible for paying them
when they're due. If you don't, we may limit your ability to use the services. If your
payment method fails or your account is past due, we may collect fees owed using other
collection mechanisms. Sidespace also reserves the right to in its absolute discretion
change its model at any time.
If goods and services are offered on or through sidespace by
third parties (owners/listers):
- property rental prices may not include government and statutory
charges (unless otherwise stated);
- You are responsible for making all relevant searches, enquiries
and investigations in relation to any listed property including but not limited to
satisfying yourself as to ownership thereof and the obtaining of any and all
necessary consents;
- sidespace does not act as any persons agent or broker; arrange
any contract between you and any person or provide any warranty in relation to any
persons goods or services;
- sidespace will not be responsible for the terms of any
transaction between you and any person; any goods or services rented and/or
purchased by you from any person or resolving any dispute between you and any
person.
- Whilst sidespace requests that owners/listers provide accurate
information it may be possible that this information is inaccurate. sidespace
strongly recommends that bookers/users check with the owners/listers to ensure all
such information is accurate and that additionally they obtain appropriate
professional advice to ensure all other necessary and appropriate enquiries are made
to satisfy themselves of ownership in the property by owner/listers and of the
ability of owners/listers to properly rent the property to such bookers/users.
- sidespace strongly recommends that owners/listers obtain
appropriate professional advice to ensure all necessary and appropriate enquires are
made to satisfy themselves as to the suitability of the intending bookers/users.
We are not involved in the actual transactions between users. As the
content on sidespace comes from users, we do not guarantee the accuracy of postings or
user communications or the accuracy, quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the
posting of any unlawful, threatening, abusive, defamatory, obscene or indecent
information, or material of any kind which violates or infringes upon the rights of any
other person, including without limitation any transmissions, constituting or
encouraging conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to
our services or that defects in the service will be corrected. While we will use
reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we
do not give any promises or warranties (whether express or implied) about the
availability of our services.
sidespace expressly disclaims all warranties, representations
and conditions, express or implied, including those of quality, merchantability,
merchantable quality, durability, fitness for a particular purpose and those arising by
statute. We are not liable for any loss, whether of money (including profit), goodwill
or reputation, or any special, indirect, or consequential damages arising out of your
use of sidespace, even if you advise us or we could reasonably foresee the possibility
of any such damage.
Despite the previous paragraph, if we are found to be liable,
our liability to you or any third party (whether in contract, tort, negligence, strict
liability in tort, by statute or otherwise) is limited to the greater of (a) the total
fees you pay to us in the 3 months prior to the action giving rise to liability, and (b)
AUD$100.00.
For the purposes of this section, the term sidespace will mean
sidespace, its officers, employees, contractors and agents, whether individually or
collectively.
These terms and conditions will survive the expiration or
termination of this agreement.
Material on sidespace is protected by Australian and International
copyright and intellectual property laws. All rights not expressly granted under these
terms and conditions are reserved by sidespace. Unless otherwise indicated on sidespace,
the material on sidespace is owned by or Licenced to sidespace and is subject to
copyright ("the Copyright Material").
You may:
- only copy or reproduce the Copyright Material for the purpose of
browsing sidespace or making a copy for your own personal, private or research use,
provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove
any legal notice associated with it.
sidespace and other names of sidespace product and/or services
referenced herein are trademarks or registered trademarks of sidespace. Other product
and company names mentioned on sidespace may be the trademarks of their respective
owners. Nothing displayed on sidespace should be construed as granting you any
intellectual property rights including the right to use any trademark, without
sidespace's (or the relevant owner's if applicable) express written consent.
In consideration of sidespace allowing you to access and use
sidespace you grant to sidespace a non exclusive, payment free, perpetual, irrevocable
licence to reproduce, modify, delete, adapt and publish any material you post, upload or
otherwise transmit via Communications Services and to sub-licence the same for such
purposes as sidespace determines from time to time (subject to the sidespace Privacy
Policy). You warrant that you have all necessary rights in the content that you
contribute, the content is not defamatory and it does not infringe any law and You
Indemnify sidespace, its officers, employees, agents and contractors against any
liability, loss, claim or demand arising out of or in respect of a breach of that
warranty. You waive any moral rights you may have in relation to the material.
sidespace may provide you with the ability to communicate with
sidespace, owners, listers, bookers, users advertisers and users of sidespace through
agreements, online forms, IVR, electronic requests and enquiries, bulletin boards,
blogs, competition entries, online forums, inbound phone number services and other forms
of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and
not private communications. Further, you acknowledge that Communication Services may be
collected, stored and scanned by sidespace. You should not however, consider
Communication Services to have been reviewed, screened, or approved by sidespace.
Use of the Communications Services is provided on condition that
You do not do any of the following:
- transmit any information or material which is knowingly
incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or
unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or
other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or
information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, worms,
defects or any other similar software or programs that may damage the operation of
another's computer or damage any of sidespace's infrastructure;
- delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or
forward surveys, contests or chain letters other than as approved by sidespace;
- download any file posted by another user of the Communications
Services that you know, or reasonably should know, is unlawful or contrary to these
terms and conditions.
- Excessively use the Communications Services in a manner which
may hinder or prevent sidespace from providing services to any other persons or
which may threaten the integrity or use by any person of sidespace;
- Authorise, aid, abet encourage or incite any person to do any of
the above acts.
sidespace may, but has no obligation to do so, review the use of
the Communications Services by you and in its absolute discretion delete, edit, refuse
to post or remove in whole or part any information or material uploaded or posted using
the Communications Services.
Any software, including HTML code and ActiveX controls, that is made
available to download from sidespace ("Software") is owned by sidespace and/or its
suppliers.
Your use of the Software is governed by the terms of the end
user Licence agreement, if any, which accompanies or is included with the Software
("Licence Agreement"). You must agree to the terms of the Licence Agreement before using
the Software.
If there is no Licence Agreement, sidespace grants you a
personal, non-transferable Licence to use the Software for viewing and otherwise using
sidespace in accordance with these terms and conditions, and for no other purpose, You
must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in
part the Software or any part of it;
- reverse assemble or reverse compile or directly or indirectly
allow or cause a third party to reverse assemble or reverse compile, in whole or in
part, the Software;
- introduce or use any device, software or routine that interferes
or attempts to interfere with the operation of the Software; or
- sub-licence, rent, lease, lend or grant to any person any rights
to use the Software other than as set out in this paragraph.
To read how sidespace collects, uses and discloses your personal
information please refer to the sidespace Privacy Policy on this site.
To read sidespace owners/listers Terms and Conditions please refer to
sidespace Advertising Terms and Conditions. To the extent of any inconsistency between
these Terms and Conditions of Use and the Advertising Terms and Conditions the latter
shall prevail.
This Agreement is governed by and construed in accordance with the
laws of the State of Victoria Australia and you irrevocably submit to the exclusive
jurisdiction of the courts of that State.
sidespace may at any time and, in its absolute discretion modify or
amend the terms and conditions upon which goods or services are supplied by and/or to
you including these terms of use and such modifications will be binding upon you once
displayed on this web site. You should accordingly regularly check the terms and
conditions displayed on this web site.
sidespace may cease to provide you with access to sidespace or
any of its services without notice.
All rights not expressly granted are reserved.
if you have a question or problem or need to contact us you may do so
at info@sidespace.com.au.
This Agreement applies to the publication by sidespace and/or
its related bodies corporate of the advertisement submitted by you, the person named
and described in the online application (You).
In Order to place an advertisement (Ad) for an item (item)
You must:
- be 18 years or over;
- complete and submit the online application form
(Application); and
- pay the prescribed advertising fee (if applicable).
You must:
- provide all information for Your Ad (including any
photographs) in the form required by sidespace from time to time;
- describe the advertised commercial property accurately;
- comply with any relevant sidespace advertising policy;
- if you are not the owner of any materials (for example,
images or written descriptions of items) which you wish to include in your Ad,
obtain written permission from the owner of those materials to include them in
your Ad (and to grant Sidespace the licence contained in clause 8 of these
Advertising Terms and Conditions) before submitting the Ad to sidespace for
publication;
- if requested (although there is no obligation upon
sidespace to so request) provide sidespace with proof of ownership and/or the
right to offer use thereof to the user of the subject commercial property;
- maintain the confidentiality of all Your email and password
information required to access Your Ad and immediately change the password if it
is lost, stolen or compromised in any way. You are responsible for all
transactions entered into under Your email and password; and
- remove Your Ad if the advertised property is:
- rented; or
- withdrawn by You from rental.
You must not offer for rent any commercial property:
- that is not immediately available for rent (or available
from the date stipulated);
- that is not accurately described by the category in which
it is advertised, for example, office, retail or industrial;
- that You are not the owner of; or
- which You do not have the right to offer to rent.
You must not submit an Ad which:
- includes an offer of or referral to any services, for
example finance;
- does not comply with all relevant laws;
- infringes the intellectual property rights of any person
including any company or organisation;
- is illegal, fraudulent, obscene, offensive, defamatory, or
in any way unsuitable for people under the age of eighteen (18) years;
- is misleading or deceptive or likely to mislead or deceive
(for example by including photos or text in Your Ad that do not match the
property);
- comprise anything which may adversely reflect on Sidespace
or any website on which Your Ad is published; or
- include references or links to other websites or HTML
enhancement text.
- offers more than one primary commercial property in a
single Ad;
You must not alter or amend an Ad to describe or offer a
property that is different to the property originally published.
You must not submit any international contact numbers in
Your sidespace account information or Your Ad.
Photographs submitted with Ads for publication must:
- be current photographs of the actual property for rent,
such that the property is shown in the same condition as it is anticipated that
it will be delivered to the user/renter;
- not be digitally altered; and
- must not contain any watermarks (unless they are sidespace
watermarks).
- sidespace is not bound to publish Your Ad until accepted by
sidespace. Your Ad is accepted when sidespace publishes Your Ad.
- If accepted sidespace will publish Your ad as set out in
the Application on the terms and conditions of this agreement.
- sidespace acceptance of Your Ad does not create any
relationship of agency between You and sidespace.
- sidespace may republish Your Ad on such other websites,
search engines, applications and print or other media as Sidespace determines
from time to time in its absolute discretion.
- You acknowledge and agree that while every endeavour will
be made to publish Your Ad as submitted, sidespace will not (other than as set
out in clause 12) be liable for any error, omission or failure to publish Your
Ad in the form ordered, including acts or omissions of sidespace, its employees
or agents.
- sidespace may refuse to publish, withdraw, or terminate the
publication of Your Ad (or any part of your Ad) if:
- sidespace determines, in its absolute opinion
without notice, You are not entitled to place the Ad (for example, if
you do not have the right to offer to rent the property although
sidespace is under no obligation whatsoever to enquire and/or so
determine);
- You breach this Agreement; or
- You have not logged on to the administration pages
of Your Ad for more than 21 days; or
- sidespace determines, in its absolute discretion
without notice, that such refusal, withdrawal or termination is
appropriate.
- Despite anything in this Agreement, sidespace has absolute
editorial control in relation to the publication of Your Ad, including, but not
limited to the format, position and placement of Your Ad.
- Third party offers to republish Your Ad in print or other
media are subject to separate terms and conditions. sidespace will not be
responsible for third party terms and conditions, any services provided by the
third party or resolving any dispute between You and any third party.
- Once Your Application is submitted to sidespace it cannot
be cancelled.
- An Ad may be removed at any time after publication. All
advertising fees remain payable and if paid, You will not be entitled to a
refund.
You hereby grant to sidespace in respect of all copyright
materials included in Your Ad, a perpetual, royalty free and irrevocable licence to
use, reproduce, adapt, commercialise or otherwise utilise in any manner those
materials, otherwise submitted by You to sidespace.
- You must pay the advertising fees to sidespace at the rate
and in the manner set out in the Application.
- The advertising fee is payable despite the termination of
this Agreement or failure to publish an Ad which is caused by You.
- You will not be entitled to a refund or credit if sidespace
withdraws or terminates the publication of Your Ad if you were not entitled to
place an Ad or You are otherwise in breach of this Agreement.
You represent and warrant to sidespace that:
- You are the owner of the commercial property included in
Your Ad/s and/or that you have the owner's authority and/or the right to offer
that property for rent.
- You are entitled to publish the Ad and all materials
contained in the Ad including text and images;
- You have the authority to grant to sidespace the licence
contained in clause 8 of these Terms and Conditions;
- All contact and other details You have provided to
sidespace are accurate; and
- Your use of sidespace will comply with these Terms and
Conditions and any other requirements or directions issued by sidespace from
time to time.
You indemnify sidespace, its officers, employees, agents
and contractors against all actual or threatened loss, damage, actions, claims
and/or demands (including the cost of defending or settling any actions, claims and
demands) which may be instituted against sidespace arising out of:
- a breach of this Agreement (including a breach of any
representation or warranty contained in this Agreement) by You;
- any wilful, unlawful or negligent act or omission by You;
- the publication by sidespace or any other person of Your
Ad;
- the rental or offering for rental of any property.
sidespace will only be liable to You:
- where the law implies a term into these terms and
conditions which cannot be excluded and sidespace breaches that term. Provided
that such liability is limited to the greater of:
- the total fees you pay to Sidespace in the 3 months
prior to the action or matter giving rise to liability; or
- AUD $100.00.
- If the claim arises from or in connection with any
deliberate breach of these terms and conditions or fraud by sidespace.
Other than as set out above, sidespace will not be
liable to You:
- for claims arising out of or in connection with this
Agreement or the publication of Your Ad whether arising in contract, tort
(including negligence), indemnity, strict liability, breach of warranty or
statute or otherwise; and
- for loss of use, production, profit, revenue, business,
data, contract or anticipated savings or for delay or for any financing costs or
increase in operating costs or any economic loss for any indirect or
consequential loss or damage.
For the purposes of clause 12 and 13, the term sidespace
will mean sidespace, its officers, employees, contractors and agents, whether
individually or collectively.
To read how sidespace collects, uses and discloses Your personal
information. Please refer to the sidespace Privacy Policy on this site.
Please be aware that as an advertiser on sidespace You may
receive correspondence regarding the status of Your Ad. This may include
confirmation of the receipt and publication of Your Ad, confirmation of any changes
of the receipt and publication of Your Ad, confirmation of any changes made by You,
and notification of possible changes to the status of Your Ad. You will also be
notified of any changes to sidespace or associated websites that may have a direct
effect on the content or appearance of Your Ad. This correspondence forms part of
this service and is necessary for the management of Your Ad. If You do not wish to
receive this correspondence please do not submit an advertisement for publication on
sidespace.
sidespace is not liable for any contact between You and any
third party including, but not limited to, contact made through sidespace. You
acknowledge that by placing an Ad on sidespace, Your contact details (for example,
telephone number) may be made available to the public and you grant sidespace
permission to make such details available on Your behalf.
This Agreement is governed by and construed in accordance with
the laws of the State of Victoria Australia and You irrevocably submit to the
exclusive jurisdiction of the courts in that State.
These Advertising Terms and Conditions, the Application,
sidespace Terms and Conditions of Use and any warranties implied by law which cannot
be excluded form the entire Agreement between You and sidespace. All other terms
whether express or implied are excluded. This Agreement will prevail to the extent
of any inconsistency with the Terms and Conditions of Use.
- sidespace may, in its absolute discretion, modify or amend
this Agreement and such modifications or amendments will be binding upon You
once displayed on this web site. You should regularly check these terms and
conditions displayed on this web site.
- All rights not expressly granted are reserved.
- If any provision of this Agreement is invalid, illegal or
unenforceable in any respect such invalid, illegal or unenforceable provision is
to be severed from this Agreement and the remaining terms will apply.
- Any delay or failure by sidespace to enforce any provision
of this Agreement will not be deemed a waiver or create a precedent or prejudice
sidespace's rights in any way. No waiver by us will be effective unless it is in
writing and signed by us.
If you have a question or problem or need to contact us you may
do so at: info@sidespace.com.au