Terms & Conditions

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The Website (defined hereunder) is a site operated by Triple One Group pty Ltd (hereinafter referred to as “the Company”). We, the Company, are registered in Australia under company number ACN 126310254 and have our registered office at 1/ 84 Poinciana Av, Tewantin, QLD Australia 4565.

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”).

For the purpose of providing the Facilities in pursuant to this Terms of Use, whenever the following capitalized terms are used herein, whether in the singular or in the plural, or the future or the past tense, they shall have the meanings ascribed to each of them below, unless the context otherwise requires:

  1. “Advertisement” shall mean and include publication of information in the Website in relation with but not limited to granting rent of the Property.
  2. “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.
  3. “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.
  4. “Property” shall mean and include all types of space, commercial property, advertisement space, car parks etc.
  5. “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.
  6. “Website”shall mean and include www.smarterspaces.com.au or any other website time to time communicated by the Company.

1. The Agreement

Terms of Use are a binding agreement between you and us, the Website owner. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, together with our Privacy Policy, Cookies Policy, Cancellation Policy and Fair Use Policy that govern our relationship with you in relation to this Website. Please read the Terms carefully before visiting the Website.

2. General Conditions

Terms of Use are a binding agreement between you and us, the Website owner. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, together with our Privacy Policy, Cookies Policy, Cancellation Policy and Fair Use Policy that govern our relationship with you in relation to this Website. Please read the Terms carefully before visiting the Website.

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

The Website grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a vacant Property, searching for a vacant Property, or for any other purpose clearly stated on a Website, all in accordance with this Terms of Use. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Terms of Use or as otherwise authorized by us in writing is expressly prohibited. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this licence and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

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.

10. Booking

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.

“Unless Contrary is found in terms of use or there is existence of other written agreement the space provider agrees to pay Triple One Group Pty Ltd an amount equal to10% of the booking amount+ gst for each and every booking. For clarity this includes ongoing bookings between parties. IE “if the first booking is for a week but parties agree to continue with ongoing arrangement after this period then the fees payable to Triple One Group Pty Ltd shall also continue until such termination of that agreement”. “ If the original agreement is for 16 weeks then the booking fee applies for 16 weeks” In the event that the booking becomes permanent or both parties enter into a lease or formal agreement the space provider agrees to pay Triple One Group Pty Ltd the equivalent of not less than 10% + GST of the advertised rent for a period of not less than 10 weeks rent from date of notification of permanent arrangement . The Space provider agrees to notify Triple One Group Pty Ltd (Smarter Spaces )of all negotiations, communications whether electronic or oral about their advertised space and agree to pay the booking fee of 10%+ gst even if negotiated outside of smarterspaces.com.au. The fees do not apply if the client (seeker) was not introduced to the space via smarterspaces.com.au , an agent of smarterspaces.com.au or any third party advertisement that was created or instigated by smarterspaces.com.au

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

Save the provision contained herein, the Property Owner and/or User shall have the option to terminate their Booking of the Property and/or cancel the rental transaction in pursuant to this Terms of Use.

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

We work with a number of partners whose Internet websites may be linked with our Website. We provide references to these third parties solely to assist you in relation with Property and or other services incidental thereto. We shall have full discretion to decide the number or nature of the affiliated websites, and we are hereby covenanting that we shall exercise such discretion in good faith and for the betterment of the content of the Website, as well as the Users. However, we strongly encourage to read, to understand the Terms of Use and/or Privacy Policies of the said affiliated websites. We have no control over and no liability for any third party websites or affiliated websites or materials, and we make no guarantees about the accuracy, currency, content, or quality of the information provided by such affiliated websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

16. Email Communications

When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other information of the Website.

17. Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. Please review our Privacy Policy along with any amendment thereto, which also governs your visit to our website to understand our practices. A complete statement of our current Privacy Policy can be found by Clicking Here. Our Privacy Policy is expressly incorporated into this Agreement by this reference. Your continuing use of the Website shall be deemed to be your conclusive acceptance and understanding of the Privacy Policy alongside with this Terms of Use.

18. Fair Use Policy

Notwithstanding anything contained in the this Terms of Use, you, the User of the Website, hereby agree and represent to us that they shall use the website for most beneficial and effective manner. Under no circumstances you shall be able to use the Website in bad faith or in any manner that is harmful for us or for the other User.

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

This Website uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this Website to work properly. A cookie is a small data file that is written to your hard drive when you visit the Website. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any User. A complete statement of our current Cookies Policy can be found by Clicking Here.

20. Representation

For the purpose of providing services in compliance with the Terms of Use, we may ask the User including you to provide details including personal information, and you are agreeing that while providing so you shall not provide any information (a) that is known by you to be false, inaccurate or misleading; (b) that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

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.

24. Disputes

These Terms of Use and any disputes arising out of or related to the Website shall be governed by, and construed and enforced in accordance with, the laws of Australia (without regard to conflict of law principles). In the event of any such dispute you irrevocably consent to exclusive jurisdiction and venue in the courts located in the Brisbane, Australia.

25. Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

26. Severability

Should any clause, sentence, provision, paragraph, or part of this Terms of Use, for any reason whatsoever, adjudged by any court of competent jurisdiction, or any other competent government authority having jurisdiction over us to be invalid, illegal or unenforceable, such judgment or holding shall not effect, impair or invalidate the remainder of Terms of Use, but shall be confined in its operation to the clause, sentence, provision, paragraph or part thereof directly involved in the matter, controversy or proceeding in which such judgment or holding shall have been rendered, and the remainder of these Terms of Use shall remain in full force and effect.

27. Waiver

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

28. Governing Law

These Terms of Use including addendums hereto shall be governed by, and construed in accordance with, the Laws of the State of Queensland, Australia, and shall be subject to the exclusive jurisdiction of the appropriate courts of the same.

29. Modification of the Agreement

We may modify the Terms at any time and such modification shall be effective immediately upon post of the said modified Terms and such modifications shall be deemed to be part of the Terms of Use. You are hereby agreed to review the Terms periodically to be aware of such modifications. If at any time you find these Terms of Use or any modification thereto are unacceptable, you must immediately leave our Website and cease all use of it.

30. Refund

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.