These terms and conditions (“the Terms and Conditions”) govern the use of space-mates.com.au(the“Site”). This Site is owned and operates by SpaceMates. This site is a marketplace.
By using this Site you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Space Mates and the Site’s creators. This is includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site. You may not copy, reproduce, distribute, or create derivative works from any content on the site without our express written permission.
Acceptable Use
As a user of our Site, you agree to use out Site legally, not to use our site for illegal purposes, and not to:
· Harass or mistreat other users of our Site;
· Violate the rights of other users of our Site;
· Violate the intellectual property rights of the Site owners or any third party to the Site;
· Hack into the account of another user of the Site;
· Act in any way that could be considered fraudulent; or
· Post any material that may be deemed inappropriate or offensive.
· If we believe you are using the Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
· Items for rent;
· Photos; and
· Public comments.
· By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
· You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
· All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
· We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Account Registration
To access certain features of our services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of our account credential and for all activities that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
Sale of Services
These Terms and Conditions govern the sale of service on our Site.
The following services are available on our Site:
· Storage rentals; and
· Parking rentals
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already process your payment, we will give you a refund qual to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Space Mates Platform Rules
You are required to adhere to these rules and must not assist others in breaking or bypassing them:
· Always act with honesty and treat others with dignity. Do not lie, misrepresent information, or impersonate others. Communicate courteously and respectfully.
· Do not attempt to evade the enforcement of these Terms, Additional Legal Terms, Policies, or Standards. Avoid actions like creating duplicate accounts or listings to bypass restrictions.
· Do not engage in discrimination or harassment of any kind.
· Do not engage in activities that compromise or impair the platform, such as scraping, hacking, reverse engineering, or using automated tools like bots or crawlers to collect data.
· Do not attempt to bypass any security measures or technological protections in place on the platform or its content. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used on the platform.
· Only use the platform as authorized by these Terms or any other agreement with us. Use another member’s personal information solely to facilitate transactions on the platform as authorized.
· Do not use the platform, its messaging tools, or member information to send unsolicited commercial messages without express consent.
· Use content made available through the platform only as necessary for your role as a Guest or Host. Do not use content without permission from the owner or unless authorized by these Terms or another agreement with us.
· Do not request, make, or accept bookings or payments outside of the platform to avoid fees or taxes. Refer to our Offline Fee Policy for exceptions. Do not encourage or require Guests to interact with third-party websites or services without Airbnb’s authorization.
· Do not engage in practices intended to manipulate the platform’s search algorithm. Book Host Services only if you genuinely intend to use them.
· Do not use, copy, display, mirror, or frame the platform, its content, branding, or design without our consent.
· Adhere to all applicable laws, including those related to privacy, data protection, and exports. If providing someone else’s personal information, ensure you have authorization and comply with applicable laws, allowing us to process it per our Privacy Policy.
· Do not organize or facilitate unauthorized parties or events during your reservation. You are liable for any events that violate our rules.
· Do not use or register any name, logo, branding, or trademarks similar to Space Mates without permission.
· Do not offer services that violate laws or agreements applicable to you. Specifically, do not engage in or facilitate illegal activities.
Insurance
Space Mates does not provide insurance to Hosts or Renters. Hosts and Renters are responsible to provide their own insurance to cover damages that may occur to the Host’s and/or Renter’s property, including damages to the Stored Items. Space Mates is not obligated to provide insurance to provide insurance to protect the Stored Items, and Space Mates does not have insurance covering the Stored Items. Space Mates recommends that renters purchase insurance for their Stored Items, which insurance is available from most insurers.
Background, Credit, and Criminal History Checks
Hosts and Renters have the right to check each other’s background, credit history and/or criminal history (collectively, “Background Checks”) and refuse to complete a Booking or terminate a booking upon receipt of such Background Checks. Space Mates has the right, but has no obligation, to perform these same Background Checks on Renters and Hosts. You hereby expressly agree to Space Mates use of a Third-party provider to perform a Background Check, in Space Mates discretion, for the purposes of these Terms and your use of the Site and Services. Space Mates is not responsible for the information in or the accuracy of the Background Checks, and you hereby release and hold Space Mates harmless from any and all liability related to the Background Checks, including any party’s performance of or failure to perform the Background Checks and the actions taken by any party upon receiving the Background Check. SPACE MATES RESERVES THE RIGHT, AT ITS SOLE DISRETION, TO DENY ANY HOST OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.
Payments
We accept the following payment methods on our Site:
· Credit Card, Apple Pay & Google Pay.
When you provide is with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe you payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Payouts
We can do the following payout methods from our Site:
· PayPal and Direct Bank Transfer
Refunds
We provide refunds for services sold on our Site as follows:
· The services will be fully refunded if the services are cancelled at least 48 hours before the services were scheduled to commence; and
· As per the Money-Back Guarantee.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, Or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
To the maximum extent permitted by law, Space Mates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses:
· Your use or inability to use the services;
· Any unauthorised access to or use of our servers and/or any personal information stored therein;
· Any interruption or cessation of transmission to or from the services.
Indemnity
Except where prohibited by law by using this Site you indemnify and hold Harmless Space Mates and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Space Mates are unable to resolve any dispute through informal discussion, then you and Space Mates agree to submit the issue for a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Space Mates.
Notwithstanding any other provision in these Terms and Condition, you and Space Mates agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Damage to Stored Items, Bodily Injury, and Theft
Damages to Stored Items. Hosts are responsible for damages to the Renter’s Stored Items. To avoid disputes, Hosts are encouraged to record the initial state of the Stored Items. Space Mates may, in it sole discretion, halt or withhold Host payouts or otherwise collect amounts from the Host due to such Host’s misconduct (including, without limitation, for breach of these Terms and Conditions) or damage to the Stored Items caused by such Host.
Bodily Injuries. Renter agrees that the use of the Space is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Stored Items, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily injury except in the event of Host’s gross negligence or wilful misconduct. Renter herby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or wilful misconduct.
Theft of Stored Items. The Host is not responsible for lost or stolen Stored Items so as long as a police report is filed and the police determine that there is no evidence of forcible or unlawful entry into the Host’s Space; and Host’s Negligent or intentional conduct did not contribute to the theft (e.g. failing to use the Space’s existing security features).
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Termination
We may terminate or suspend your account and access to our services at our sole discretion, without prior notice or liability, for an reason, including but not limited to your breach of these terms. Upon termination your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to be have on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Hello@space-mates.com.au
