The Website provides a platform for the Property Owner and the User for facilitating short-term commercial letting arrangements of all types of space, commercial property, advertisement space, car parks etc (hereinafter referred to as the “Facility”).
- “Advertisement” shall mean and include publication of information in the Website in relation with but not limited to granting rent of the Property.
- “Listing” shall mean listing or incorporating the information in relation with the Property as available for licence or rent by the Property Owner in the Website.
- “Property Owner”shall mean and include the person and/or body corporate that have legal right and authority to grant rent through the Website in favour of the User.
- “Property” shall mean and include all types of space, commercial property, advertisement space, car parks etc.
- “User” shall mean and include the person and/or body corporate that has entered in the Website for the purpose of being availed with the Property by way of rent or license and that has legal right and authority to execute rent Agreement in relation with the Property.
- “Website”shall mean and include www.smarterspaces.com.au or any other website time to time communicated by the Company.
1. The Agreement
2. General Conditions
3. Website User
This Website is intended to be used by Australian individuals including companies, firms, government organizations, society or any other autonomous body corporate and/or organizations who are willing to use the Facility, and this does not necessarily mean that you, being anything other than Australian individual, are discouraged to use the Website.
4. Relationship with the User
We do not own or manage, nor can we contract for, any vacancy in the property listed on the website. The website acts as a venue to allow property owner for listing their property or advertise the same on the website to offer for rent and/or license to the user. We are not a party to the rental transaction between the property owner and the user. We urge all our users to be responsible about their use of this website and any transaction entered into as a result of either listing or advertising a property or renting the same.
5. Registered User
The Property Owner and the User needs to be registered with us for Listing the Property and Advertising the same in the Website and/or to receive details of the Properties, you must submit a completed registration form to us. If we accept your application for registration, we will confirm this by sending you an email containing your account ID. We have the option at our discretion to refuse your application for registration. Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
6. Listing & Advertisement
Being the registered User and Property Owner, you shall have the option to List and/or Advertise any Property including but not limited to all types of space, commercial property, advertisement space, car parks etc; and the User of the Website, shall have the option to communicate with the Property Owner for availing rent.
Notwithstanding anything contained herein, we shall have the power to decide which Advertisement will be published in the Website and no Advertisement shall be made or published in relation with any Property that has not been approved by us, and type of action shall be required to ensure proper and smooth operation of Listing and Advertisement of the Property.
The Property Owner and/or any of its representatives do hereby represent and warrant that they are authorised to advertise the Property for rent and/or license; and indemnify us against any claim by User for false or misleading advertising. No personal or other business details is allowed to be advertised or displayed on our website. This includes but is not limited to external links, phone numbers, email addresses, watermarks and signage.
7. User Verification
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each User’s purported identity. We encourage you to communicate directly with a Property Owner through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
8. Limited License
9. Content of the Website
Whenever you make use of a feature that allows you to upload content or material to our Website, or to make contact with other users of our Website, you must comply with the content standards that can be reasonably determined. Notwithstanding anything contained herein the materials shall include granting rent of various types of space, commercial property, space, car parks etc. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You agree that if you are Listing or Advertising any Property for granting rent, all information requested during the creation of the Listing or for Advertising must be accurate, including, but not limited to (a) the location, capacity, size, features and availability of the Space; (b) the physical address of the Space; (c) the Space Fee of the Space, including whether or not a security deposit or bond is required, and if so, how and/or when the security deposit or bond will be refunded; and (d) all sublease or licence terms relating to the Space.
If you are a potential User and willing to take rent, when you have identified a Property on the Website which meets your requirements, you submit an offer to book the Property to the Property Owner via our Website. The Property Owner will then promptly respond, either accepting your offer or declining it. If the offer is accepted, you will enter into an agreement with the Property Owner either on the Website’s template terms or specific terms advised by the Property Owner.
11. Payment Mechanism
We disclaim all liability for the legality, accuracy or completeness of any rental offers or content posted by the Property Owner and in respect of any proposed rental contract that fails to be completed for any reason whatsoever. By using the Website to access the database of available Properties, the User agrees that they will not make rental payments and/or any part thereof in respect of such Properties they have found on the Website either directly or indirectly to the Property Owner other than with the prior written agreement with us.
All the payment including any part thereof shall not be paid to the Property Owner unless and until the payment has been made through the Website. The Property Owner shall receive payment when Booking is confirmed. An amount specified in the Website shall be payable, as Booking money, when the Property is booked by the User.
12. Conclusion of Transaction
Rental transactions formed through our Website or as a result of visits made by you are governed solely by the terms and conditions of the individual Tenancy Agreement agreed between the Property Owner and the User.
13. Cancellation of Rental Transaction
14. Modifications of services
We reserve the right to modify or discontinue the Website or services prepared or rendered by us upon serving notices, however, in emergency situation where serving a notice to you is becoming impediment to protect the interest of the Users of the Website and/or the Website itself, we may debar from serving the notice, which will be treated as exceptional circumstances. We will not be liable to you or any third party, in the event we exercise our right to modify or discontinue the Website and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Website or services.
Continued access to the Website or services following notice of any such change will indicate your acknowledgement of such changes and satisfaction with the Website or services as so modified.
15. Affiliated Sites
16. Email Communications
18. Fair Use Policy
In consideration of the safety of the other User and the Website, we are hereby imposing certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or instituting a “DDOS” attack on the Website; (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability.
19. Cookies Policy
21. Disclaimer of Warranties
You shall use the website for your own purpose, benefit, and at your will. No representations either express or implied have been made by us; therefore, we hereby disclaim all warranties. We are making the website available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the website or subscribing the services. To the maximum extent as permitted by law in force of the country, we expressly disclaim any and all warranties, express or implied, regarding the website, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website or the services will meet your requirements or that the operation of the website or the services will be uninterrupted or free from any error.
22. Intellectual Property
When accessing the Website, you agree to obey the laws and to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of rights of third party caused by any Content you provide or transmit, or that is provided or transmitted using your account.
23. Limitation of Liability
Our liability towards you is limited. To the maximum extent permitted by law, in no event we shall be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foresee ability of those damages) arising out of or in connection with your use of the Website or any other materials or services provided to you by us. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theories or form of actions.
28. Governing Law
29. Modification of the Agreement
If a refund is needed for any reason then, Smarter Spaces will still keep the booking fee of 10% +GST and process the remaining funds back to the seeker.
31. Fees Included
All fees are inclusive of GST and it is the space providers’ responsibility to provide an invoice/ receipt to the space provider upon time of booking.