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Terms and Conditions

DIRECTCOMMERCIAL.COM.AU PTY LTD ABN 160 561 642 trading as sidespace ("sidespace")

TERMS AND CONDITIONS OF USE

Welcome to sidespace

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).

  1. About sidespace

    1. 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).
    2. 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.
    3. 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.
  2. Personal and Non Commercial Use Only Right to Terminate

    1. 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:
      1. modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any Material;
      2. use or attempt to use any Material published on sidespace to create any web site or publication or searchable database;
      3. mirror or frame any web site or page within sidespace;
      4. 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;
      5. transfer or sell any information, functionality or products or services offered on sidespace; or
      6. 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.
  3. sidespace may in its absolute discretion terminate your right to access and use sidespace at any time.

  4. You are Responsible for the use of sidespace Goods and Services Provided by sidespace

    1. 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.
    2. 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.
    3. 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.
    4. 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.
  5. 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.

  6. Fees and Services

    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.

  7. Goods and Services Provided by Third Parties

    1. If goods and services are offered on or through sidespace by third parties (owners/listers):
      1. property rental prices may not include government and statutory charges (unless otherwise stated);
      2. 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;
      3. 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;
      4. 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.
    2. 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.
    3. 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.
  8. sidespace's Liability to You is Limited

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. For the purposes of this section, the term sidespace will mean sidespace, its officers, employees, contractors and agents, whether individually or collectively.
    7. These terms and conditions will survive the expiration or termination of this agreement.
  9. Copyright, Trademark and Licence

    1. 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").
    2. You may:
      1. 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;
      2. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
    3. 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.
    4. 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.
  10. Communications Services

    1. 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).
    2. 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.
    3. Use of the Communications Services is provided on condition that You do not do any of the following:
      1. transmit any information or material which is knowingly incorrect, misleading or deceptive;
      2. transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
      3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
      4. use the Communications Services for any unlawful purpose;
      5. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
      6. 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;
      7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
      8. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by sidespace;
      9. 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.
      10. 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;
      11. Authorise, aid, abet encourage or incite any person to do any of the above acts.
    4. 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.
  11. Software Services sidespace and Your Privacy

    1. 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.
    2. 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.
    3. 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:
      1. copy, reproduce, translate, adapt, vary or modify in whole or in part the Software or any part of it;
      2. 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;
      3. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
      4. sub-licence, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
  12. To read how sidespace collects, uses and discloses your personal information please refer to the sidespace Privacy Policy on this site.

  13. Specific Terms

    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.

  14. What Law Governs these Terms and Conditions

    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.

  15. sidespace May Change These Terms and Conditions

    1. 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.
    2. sidespace may cease to provide you with access to sidespace or any of its services without notice.
    3. All rights not expressly granted are reserved.
  16. Contact sidespace if you have a question or problem or need to contact us you may do so at info@sidespace.com.au.

ADVERTISING TERMS AND CONDITIONS

  1. What is the Effect of This Agreement?

    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).

  2. Placing an Advertisement

    In Order to place an advertisement (Ad) for an item (item) You must:

    1. be 18 years or over;
    2. complete and submit the online application form (Application); and
    3. pay the prescribed advertising fee (if applicable).

  3. What You Must Do:

    You must:

    1. provide all information for Your Ad (including any photographs) in the form required by sidespace from time to time;
    2. describe the advertised commercial property accurately;
    3. comply with any relevant sidespace advertising policy;
    4. 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;
    5. 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;
    6. 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
    7. remove Your Ad if the advertised property is:
      1. rented; or
      2. withdrawn by You from rental.

  4. What You Must Not Do

    1. You must not offer for rent any commercial property:
      1. that is not immediately available for rent (or available from the date stipulated);
      2. that is not accurately described by the category in which it is advertised, for example, office, retail or industrial;
      3. that You are not the owner of; or
      4. which You do not have the right to offer to rent.
    2. You must not submit an Ad which:
      1. includes an offer of or referral to any services, for example finance;
      2. does not comply with all relevant laws;
      3. infringes the intellectual property rights of any person including any company or organisation;
      4. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
      5. 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);
      6. comprise anything which may adversely reflect on Sidespace or any website on which Your Ad is published; or
      7. include references or links to other websites or HTML enhancement text.
      8. offers more than one primary commercial property in a single Ad;
    3. You must not alter or amend an Ad to describe or offer a property that is different to the property originally published.
    4. You must not submit any international contact numbers in Your sidespace account information or Your Ad.
  5. Requirements for photographs included in Ads

    Photographs submitted with Ads for publication must:

    1. 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;
    2. not be digitally altered; and
    3. must not contain any watermarks (unless they are sidespace watermarks).

  6. Publication of Advertisements

    1. sidespace is not bound to publish Your Ad until accepted by sidespace. Your Ad is accepted when sidespace publishes Your Ad.
    2. If accepted sidespace will publish Your ad as set out in the Application on the terms and conditions of this agreement.
    3. sidespace acceptance of Your Ad does not create any relationship of agency between You and sidespace.
    4. 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.
    5. 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.
    6. sidespace may refuse to publish, withdraw, or terminate the publication of Your Ad (or any part of your Ad) if:
      1. 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);
      2. You breach this Agreement; or
      3. You have not logged on to the administration pages of Your Ad for more than 21 days; or
      4. sidespace determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
    7. 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.
    8. 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.
  7. Cancellation and Withdrawal of Advertisements

    1. Once Your Application is submitted to sidespace it cannot be cancelled.
    2. 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.
  8. Intellectual Property Rights. 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.

  9. Payment

    1. You must pay the advertising fees to sidespace at the rate and in the manner set out in the Application.
    2. The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.
    3. 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.
  10. Your Warranties to sidespace

    You represent and warrant to sidespace that:

    1. 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.
    2. You are entitled to publish the Ad and all materials contained in the Ad including text and images;
    3. You have the authority to grant to sidespace the licence contained in clause 8 of these Terms and Conditions;
    4. All contact and other details You have provided to sidespace are accurate; and
    5. Your use of sidespace will comply with these Terms and Conditions and any other requirements or directions issued by sidespace from time to time.

  11. You indemnify sidespace

    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:

    1. a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
    2. any wilful, unlawful or negligent act or omission by You;
    3. the publication by sidespace or any other person of Your Ad;
    4. the rental or offering for rental of any property.

  12. sidespace's Liability to You is Limited

    1. sidespace will only be liable to You:
      1. 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:
        1. the total fees you pay to Sidespace in the 3 months prior to the action or matter giving rise to liability; or
        2. AUD $100.00.
      2. If the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by sidespace.
    2. Other than as set out above, sidespace will not be liable to You:
      1. 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
      2. 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.
    3. For the purposes of clause 12 and 13, the term sidespace will mean sidespace, its officers, employees, contractors and agents, whether individually or collectively.
  13. Privacy What Law Governs this Agreement?

    1. To read how sidespace collects, uses and discloses Your personal information. Please refer to the sidespace Privacy Policy on this site.
    2. 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.
    3. 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.
  14. 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.

  15. Entire Agreement

    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.

  16. General

    1. 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.
    2. All rights not expressly granted are reserved.
    3. 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.
    4. 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.
  17. Contact sidespace

    If you have a question or problem or need to contact us you may do so at:

    1300 84 11 00
    info@sidespace.com.au