Terms of Service
1. Introduction
1.1 The HireSpy Spaces Platform Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person listed in the Registration Portal (you or your) and by HireSpy Pty Ltd trading as HireSpy Spaces (ACN 663 042 224) (HireSpy Spaces, we, our or us) (collectively, the agreement).
1.2 By accessing and using the HireSpy Spaces Platform, you warrant that you have read this agreement, and agree to be bound by this agreement. If you are using the HireSpy Spaces Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.
2. HireSpy Spaces Platform
2.1 The HireSpy Spaces Platform is a portal or online marketplace for hiring properties, premises, vehicles, caravans, boats or other spaces or locations (any part thereof) as further described on the HireSpy Spaces Platform (collectively, Spaces) for periods not exceeding 11 hours. HireSpy Spaces acts as a booking and payment collection agent each time a Guest hires a Space from a Host. We are not Guests or Hosts and we do not hire or rent Spaces and our role in providing you with access and use of the HireSpy Spaces Platform should be construed strictly in this context only.
2.2 When you create an Account on the HireSpy Spaces Platform, HireSpy Spaces grants you a non-exclusive, non-transferable, personal, revocable, and non-sublicensable licence to download, access and use the HireSpy Spaces Platform for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. Changes
We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change, or remove any functions or features of the HireSpy Spaces Platform, Guest or Host, Spaces, our Service Fees or any other ancillary products or services offered on, or via, the HireSpy Spaces Platform with, or without notice, to you. If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the HireSpy Spaces Platform.
4. Term
4.1 This agreement commences on the date you create an Account with us on, or via, the HireSpy Spaces Platform (Commencement Date) and continues, unless terminated in accordance with clause 19 (Termination).
5. Account
5.1 If you wish to access and use the HireSpy Spaces Platform, you (as a Host and/or Guest) must create an account with us via the Registration Portal (Account).
5.2 Your Account will be operated by a username and password (Password). You may select your own username and Password, only the password can be changed online at your convenience. The owner of the Account is solely responsible for the activity conducted on the Account. We may at any time request that the owner of the Account provide identification to verify their identity and respond to reports made against Spaces listed on your account.
5.3 In order to open an Account or otherwise access and use the HireSpy Spaces Platform you must:
- (a) be over 18 years of age, and legally able to enter into contractual relations. If you are under the age of 18 years, you may only access and use the HireSpy Spaces Platform if you have your parents’/guardians’ permission to download, access and use the HireSpy Spaces Platform. Your continued use of the Account constitutes an acknowledgement by you that you are: (i) over 18 years of age; or (ii) under 18 years of age, but have your parents’/guardians’ permission to access and use the HireSpy Spaces Platform and that your parents/ guardians have agreed to abide by this agreement; and
- (b) provide accurate and complete registration information as described in clause 7 (if you are a Host) or clause 8 (if you are a Guest). All Personal Information as well as the information you provide to setup your Account is subject to our Privacy Policy.
5.4 In relation to your Account, you are responsible for:
- (a) maintaining control over, and the confidentiality of, your Account and Password;
- (b) keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the HireSpy Spaces Platform;
- (c) notifying us in writing via disputes@hirespyspaces.com.au of any unauthorised access to, or use of, your Account or Password; and
- (d) for all activities or transactions that occur using your Account. We are not liable for any Loss arising out of, or in connection with, any unauthorised access or use of, your Account and Password.
5.5 HireSpy Spaces has the right to suspend or terminate any Account or Password or your access or use of all or any part of the HireSpy Spaces Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
6. Your general obligations
6.1 To access and use the HireSpy Spaces Platform, you must:
- (a) open an Account with us via the HireSpy Spaces Platform;
- (b) provide us with all necessary co-operation and information to facilitate and provide the HireSpy Spaces Platform including (but not limited to) proof of identity;
- (c) ensure that all information is true, accurate and not misleading;
- (d) obtain and maintain all equipment, hardware and software required by you to use and/or access the HireSpy Spaces Platform;
- (e) comply with all reasonable directions, policies and guidelines of HireSpy Spaces as advised from time to time; and
- (f) carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
7. Host obligations
7.1 At the time a Host creates an Account with us, the Host must also create a Profile, which will include your registration and business information (Personal Information) and information relating to the Space, such as:
- (a) full name, date of birth, mobile number, profile picture and email address;
- (b) description and photographs of your Space(s) (such as location, the type or category of Spaces available to be hired, amenities and extras (If any) at the Spaces, Hire Fees, Timeslots or Booking Request, method of availability, Space Rules and;
- (c) any other information that HireSpy Spaces may require to verify your identity, Profile and the accuracy of any Host Listings displayed or published on, or via, the HireSpy Spaces Platform.
7.2 At any time you may:
- (a) edit your Account or update or change your Profile;
- (b) update, change or add Spaces published or displayed by you on, or via, the HireSpy Spaces Platform; and
- (c) delete a Space Listing, provided there are no Bookings. Once a Booking has been confirmed, the Host must provide the Space to the Guest in accordance with the Booking. Only after there are no more Bookings can the Host delete a Space Listing.
7.3 HireSpy Spaces will not be liable to you, or any third party in connection with, arising out of, any:
- (a) failure to update or change your Account, Profile, Spaces published or displayed by you on, or via, the HireSpy Spaces Platform following your request; or
- (b) Loss incurred by you or any Guest that accesses and uses your Spaces or any third party as a result of, or in connection with, any content or information supplied by you which is uploaded, published or submitted by you to the HireSpy Spaces Platform.
7.4 If you publish, post, submit or display Host Listings on, or via, the HireSpy Spaces Platform, you warrant and guarantee that:
- (a) you hold all necessary rights, licences, permits and consents to hire the Space to Guests and that you will hold at all times during the agreement adequate insurance to cover all risks concerning your Space to the full reinstatement value and any other appropriate insurance that a reasonable person hosting their Space would hold (such as insurance against the risk of personal injury or death to Guests or other visitors to your Space);
- (b) you will make the Space available for the Guest to access and use for the duration of the Hire Period (except where the Guest has breached this agreement and/or Space Rules);
- (c) any Spaces made available by you will be fit for purpose, of merchantable quality and free from defects (unless otherwise disclosed to the Guest in your Host Listing prior to the Guest hiring the Space) and is accurately described in the Host Listing;
- (d) that the supply of the Space by you will comply with all Relevant Laws, and you will not provide Spaces that are illegal or unsafe to Guests to occupy or use;
- (e) all information or photographs you display, publish and upload to the Host Listing is true, complete and accurate. You will immediately update your Profile and/or Host Listing (as the context permits) if you or any of the details or information you submit or upload to the HireSpy Spaces Platform is inaccurate, incomplete or out of date (including, but not limited to, information relating to the amenities and availability of the Space for hire).
- (f) you will not promote or publish any contact details such as a phone number, email, any form of social media or external links on your listing that would encourage guests to leave and/or transact off the HireSpy Spaces Platform.
7.5 You (as a Host) acknowledge and agree that HireSpy Spaces has no custody or control over your Space or the Guest during the Hire Period and that HireSpy Space is not liable for any Loss, theft, damage or destruction of the Space by a Guest, any invitee or third party.
7.6 During the Term, you (as a Host) will not (directly or indirectly) enter into any contract, with any Guest outside of the HireSpy Spaces Platform for the purpose of hiring a Space to the Guest.
7.7 If you breach clause 7.6 you will pay HireSpy Spaces a fee, by way of liquidated damages, equal to 100% of the applicable Service Fee for each transaction that occurred outside of the HireSpy Spaces Platform.
7.8 You (as a Host) acknowledge all Booking Requests must be accepted within a 48-hour period from the time a Guest submits a Booking Request, or in the instance of next day bookings, prior to 6 hours before the Hire Period commences. If Booking Requests are not accepted, they are automatically cancelled.
7.9 If you wish to recommend your pending Guest an alternate Booking Request Hire Period which is more suitable for you, you can do so by filling out the questionnaire when you decline a Booking Request by answering;
- (i) Reason; and
- (ii) Make new schedule recommendations.
8. Guest obligations
8.1 At the time a Guest creates an Account with us, the Guest must provide us with registration information and Personal Information, such as name, phone number, email address, password and any other information necessary in order to create an Account on the HireSpy Spaces Platform.
8.2 Before hiring a Space from a Host on, or via, the HireSpy Spaces Platform, you (as a Guest) should carefully review the Host Listing (including any Guest ratings a Host has received in relation to their Space).
8.3 You (as a Guest) understand and acknowledge that:
- (a) the Host’s contact details (such as the Host’s name, phone number and email address) will only be released to the Guest 7 days before the scheduled Hire Period;
- (b) the address of the Space will not be released to the Guest until 24 hours before the scheduled Hire Period;
- (c) the Hire Period is determined by the geographical location of the Host, this ensures all booking times are accurately aligned with local time, avoiding any confusion regarding the Hire Period start and end time (Host Time Zone);
- (d) when submitting a Booking Request, you are not able to submit same day Booking Requests. The earliest Booking Request the HireSpy Spaces Platform allows would be next-day Bookings if the Booking is at least 7 hours from the Hire Period start time.
- (e) if a Booking Request is Approved by the Host, you will have 48 hours to submit payment, or, in the instance of next day bookings, 4 hours to submit payment from the Hire Period start time.
- (f) if payment is not submitted in accordance with these terms, the Booking Request will be automatically cancelled.
- (g) all information you provide the Host in the booking questionnaire is a detailed and accurate representation of what you intend to use the space for, how many people will be in attendance, and any other relevant information the Host should be aware of.
- (h) you will only submit a booking request in relation to your genuine interest in hiring the space/s.
8.4 You (as a Guest will), at all times during the Hire Period:
- (a) comply with any Space Rules that may apply to your access and use of the Space. Should you (or any other person using the Space with you) fail to comply with the Space Rules, the Host reserves the right, at its absolute discretion, to immediately cancel your Booking, in which case, you will be asked to immediately leave the Space or return the Space to the Host (as the context permits). Any payment which you have made to date under this agreement will not be refunded to you by us (or the Host);
- (b) ensure that the Space is only used for its intended purpose or for any other purpose described in the description and specifications (if any);
- (c) satisfy yourself as to the suitability, condition, and fitness of the Space, without relying upon the skills or judgment of HireSpy Spaces or the Host. We are entitled to assume that the Space was in good working order and condition for the duration of the Hire Period;
- (d) maintain the Space in clean condition and good working order as it was at the commencement of the Hire Period;
- (e) immediately vacate the Space at the end of the Hire Period, if this is not achieved, the Host has the right to email us at contact@hirespyspaces.com.au, documenting the Overstay Duration (Overstay Duration) and HireSpy Spaces will invoice the Guest in accordance with their Overstay Duration;
- (f) not use the Space for any unlawful or dangerous purpose and must take personal responsibility for your health and safety when using the Space; and
- (g) not move or part with possession with any moveable Spaces. For example, if the Guest hires a supercar, boat, houseboat, yacht, or any other movable Spaces, the Guest is not permitted to drive or move the Space. In such cases, the Guest may only use the Space for creative purposes (such as a photoshoot) or any other purpose permitted by the Host; and
- (h) take such precautions and safety measures as may be necessary to safely use the Space during the Hire Period.
8.5 Without limiting the Guest’s obligations in the forgoing clauses, the Guest will be responsible for any Loss caused by or to the Space during the Hire Period, or any Loss, damage or deterioration which has been caused by any act or omission of the Guest or third parties (whether negligent, deliberate or otherwise) during the Hire Period. The Guest will remain responsible at all times for any act or omission of a third party while in control of the Space.
8.6 In the event that the Space is damaged, destroyed or becomes unsafe to use during the Hire Period:
- (a) the Guest must immediately stop using Space and must promptly notify and provide the Host with full details of such damage or malfunction;
- (b) the Guest must take all steps necessary to prevent further Loss to the Space or any property belonging to the Host or third party; and
- (c) the Guest must not attempt to repair or replace the Space, unless such repairs are minor in nature and necessary to ensure that the Space does not obstruct or cause danger to members of the public.
8.7 The Guest is liable to HireSpy Spaces for and must indemnify HireSpy Spaces and the Host for:
- (a) the full cost of either repairing or replacing the Space as determined by HireSpy Spaces at its absolute discretion; and
- (b) any other costs arising from or in connection with Loss or destruction of the Spaces; and
- (c) any lost revenue to the Host arising from or in connection with the Loss, destruction, or theft of the Space.
8.8 If the Guest arrives at the Space after the Rental Period has commenced:
- (a) the Guest will not be entitled to a pro rata refund of the Hire Fee or Service Fee; and
- (b) the Hire Period will not be extended by a period equal to the difference between when the Guest arrived at the Space and when the Hire Period was scheduled to commence (unless the Guest creates a new Booking and pays the Hire Fee and Service Fee in relation to the new Booking).
8.9 The Guest must not remove, deface, erase or cover up any identifying marks, ownership marks, plates, numbers, notice, warnings or safety information which are found on, or affixed to, the Space.
8.10 You (as a Guest) acknowledge and agree that, to the maximum extent permitted by Relevant Laws:
- (a) HireSpy Spaces is not responsible for monitoring or censoring Host Listings; however, we may (in our absolute discretion and with notice to you) remove, modify, refuse to publish or alter the Host Listings if we consider that such Host Listings do not comply with this agreement (including any of our policies or guidelines published by us from time to time);
- (b) HireSpy Spaces makes no representations, warranties or guarantees in relation to:
- (i) the availability, continuity, reliability, completeness, accuracy, currency or security of any Host Listing or Spaces made available to you on, or via, the HireSpy Spaces Platform, and you acknowledge that the Spaces made provided to you on ‘as is' basis;
- (ii) the standard, quality or fitness for purpose of any Spaces supplied by a Host;
- (iii) the reliability, expertise, legitimacy, repute, or credibility of any Host or Supplier; or
- (iv) the Host’s ability or willingness to supply or hire the Space to you;
- (c) it is your responsibility to determine that the Space (or any other ancillary products or services made available to you in conjunction with the Space) meets your specific needs and/or are suitable for the purposes for which they are used; and
- (d) you hold all necessary licences, permits or qualifications that may be required to use the Space.
8.11 During the Term, you (as a Guest) will not (directly or indirectly) enter into any contract, with any Host outside of the HireSpy Spaces Platform for the purpose of hiring the Space from the Host.
8.12 If you breach clause 8.11 you will pay HireSpy Spaces a fee, by way of liquidated damages, equal to 100% of the applicable Hire Fee for each transaction that occurred outside of the HireSpy Spaces Platform.
9. Restrictions
9.1 You must not:
- (a) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the HireSpy Spaces Platform available to any third party;
- (b) violate HireSpy Spaces’ or another person’s Intellectual Property Rights. For example, a Host must not upload or display photographs of Spaces that belong to another person, unless you have consent from the copyright owner;
- (c) impersonate or pose as any other person, or misrepresent your true legal identity in your dealings with us or any other user of the HireSpy Spaces Platform;
- (d) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the HireSpy Spaces Platform or your Account, including any images contained on the HireSpy Spaces Platform which belong to other advertisers or us;
- (e) access all or any part of the HireSpy Spaces Platform in order to build a product, service or code which competes with the HireSpy Spaces Platform; and
- (f) data mine the HireSpy Spaces Platform, conduct penetration testing of the HireSpy Spaces Platform nor access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the HireSpy Spaces Platform that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party or corrupts, damages, degrades or disrupts the operation of the HireSpy Spaces Platform.
9.2 We reserve the right to limit your use of the HireSpy Spaces Platform, your right to hire Spaces or publish or display Host Listings and/or your right to access and use any other ancillary products or services made available to you on, or via, the HireSpy Spaces Platform, including the right to restrict, suspend or terminate your Account if we believe you are in breach of this agreement or you are misusing the HireSpy Spaces Platform.
10. HireSpy Spaces obligations
10.1 HireSpy Spaces shall use reasonable endeavours to provide you with:
- (a) access and use of the HireSpy Spaces Platform; and
- (b) booking and payment collection services when a Guest and Host transact on, or via, the HireSpy Spaces Platform.
10.2 In the event that HireSpy Spaces fails to provide you with access and use of the HireSpy Spaces Platform in accordance with clause 10.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.
10.3 HireSpy Spaces has the right to alter your listing description, name, and remove images without notice.
11. Hire Fees and Service Fees
11.1 We do not charge you a fee to access the HireSpy Spaces Platform or to create an Account, and we do not charge a Host a fee to publish, submit or display a Host Listing on the HireSpy Spaces Platform.
11.2 When a Guest hires a Space made available by a Host on, or via, the HireSpy Spaces Platform, we will charge the Guest the full price to hire the Space for the Hire Period as displayed on HireSpy Spaces Platform (Hire Fee).
11.3 If a Booking is made more than 80 days before the scheduled Hire Period, HireSpy will not automatically collect payment of the Hire Fee at the time of Booking. HireSpy will only collect payment of the Hire Fee from the Guest between 80 days and 77 days before the scheduled Hire Period (Payment Period). HireSpy will send you reminders (via email and/or text message) each day during the Payment Period to make payment of the Hire Fee. If no payment is made during the Payment Period, then the Guest’s Booking will be cancelled.
11.4 Where a Booking is made within 80 days before the scheduled Hire Period, HireSpy Spaces will automatically collect payment of the Hire Fee from the Guest at the time of Booking.
11.5 The Host must pay us (as the Host’s payment collection agent) a service fee equal to 10% excluding GST of the total value of the Hire Fee (Service Fee) each time a Guest hires a Space from the Host on, or via, the HireSpy Spaces Platform.
11.6 HireSpy Spaces will only remit the Hire Fee (less Service Fee) to the Host approximately 8 days after the Hire Period has ended, provided no complaint has been raised from the Guest in writing in accordance with clause 11.9(c).
11.7 The Hire Fee and Service Fee displayed on the HireSpy Spaces Platform are current at the time of issue. The Hire Fee and availability of Spaces and any other ancillary products or services made available to Guests on, or via, the HireSpy Spaces Platform, are subject to change effective immediately upon posting to the HireSpy Spaces Platform. You agree to pay the price current at the time of payment.
11.8 Any fees and charges displayed on third party websites which are linked to the HireSpy Spaces Platform may not be correct and HireSpy Spaces are not bound by them.
11.9 HireSpy Spaces is under no obligation to pay the Host the Hire Fee (less the Service Fee) if:
- (a) the Guest does not pay us for the Space supplied by the Host for whatever reason;
- (b) the Host fails to provide the Space to the Guest for the entire Hire Period (except where the Guest breaches this agreement and/or the Space Rules); or
- (c) we receive an emailed or flagged complaint from the Guest during the Hire Period or within 7 days prior to the end of the Hire Period, that:
- (i) the Space provided by the Host was not provided or supplied to a reasonable satisfaction; or
- (ii) the Space did not fit the description as displayed on the Host Listing; or
- (iii) the Space was not made available to the Guest during the scheduled Hire Period. A Guest cannot complain, reject or return a Space because the Guest has changed their mind. We may, at our absolute discretion, with or without notice, remove Hosting Listings and/or Profile from the HireSpy Spaces Platform.
11.10 You must lodge a complaint either during the Hire Period or within 7 days after the Hire Period ends (Complaint Period). All complaints lodged outside of the Complaint Period will not be considered by us. In the event of a dispute between a Guest and Host, you acknowledge and accept that Hire Spaces may hold the Hire Fee for the earlier of:
- (a) a maximum period of 90 days from the date the Booking was made; or
- (b) the date the dispute or complaint is resolved between the Host and Guest.
- 11.11 We reserve the right to vary the Service Fee by providing you with no less than 7 days written notice of these changes. If you do not agree to these changes, you may terminate this agreement no later than 7 days after you have received written notice of the new fees. If HireSpy Spaces does not receive your written termination notice within 7 days, you will have deemed to have accepted the new fees.
12. Payment
12.1 All fees shown on the HireSpy Spaces Platform are displayed in Australian Dollars (AUD). The Hire Fee includes GST where applicable and the Platform Service Fee is 10% excluding GST. Guests will also be required to pay a transaction fee to our Third Party Payment Provider (Stripe). Our Third Party Payment Processor’s fee is currently 1.9% of the total Hire Fee (Processing Fee) and is inclusive of GST.
12.2 To the maximum extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you agree that all Hire Fees and Service Fees (including Processor Fees) or any other amounts owing to us under the agreement are non-refundable. For example, if the Guest does not attend or use the Space during the Hire Period or arrives late at the Space, the Hire Fee and Service Fee is non-refundable.
12.3 A Guest or Host must pay any other amounts owing to us under the agreement by debit card or credit card (Visa or Mastercard). We use a Third Party Payment Processor, Stripe, to process payments made to us. By making payment of the Hire Fees, Service Fees or any other amounts owing to us under the agreement, you agree to provide HireSpy Spaces with accurate and complete billing information, and you authorise our Third Party Payment Processor to use this information for the purpose of processing your payment.
12.4 We may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the HireSpy Spaces Platform at any time.
13. Host Listing Policy
13.1 By advertising, uploading, transmitting, posting or publishing Spaces for hire on your Profile (including Host Content contained therein) (collectively, Host Listing) to the HireSpy Spaces Platform, you (as a Host) warrant that at all times:
- (a) you hold all necessary rights, licences and consents to upload or publish the Host Content on, or via, the HireSpy Spaces Platform;
- (b) nothing in your Host Listings will cause you or us (or anyone else) to breach any Relevant Laws;
- (c) no Host Listing is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading;
- (d) the Host Listing does not contain, nor will they cause, any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- (e) nothing in the Host Listing would bring HireSpy Spaces or the HireSpy Spaces Platform, into disrepute or adversely affect the reputation and goodwill of the HireSpy Spaces Platform or HireSpy Spaces;
- (f) the Host Listing does not infringe the Intellectual Property Rights or other rights of any person; and
- (g) the Host Listings are accurate and up-to-date.
13.2 You (as a Host) acknowledge and agree that HireSpy Spaces is reliant on you for direction as to the extent HireSpy Spaces is entitled to use, publish, transmit, market, promote, advertise or display Host Listings or offer to make Spaces available to Guests for hire on, or, via the HireSpy Spaces Platform. Consequently, you (as a Host) warrant that, in relation to any Hosting Listings uploaded, published, posted or offered for hire on, or via, the HireSpy Spaces Platform:
- (a) it has been shared, uploaded, published and posted in accordance with the Relevant Laws;
- (b) you own all Intellectual Property Rights in the Host Content, or you have a licence or have obtained the informed consent or authority from the owner of the Host Content, for HireSpy Spaces to use, publish, transmit or sell the Host Content on, or via, the HireSpy Spaces Platform; and
- (c) HireSpy Spaces can use your Host Listing images and photographs for marketing and advertising purposes on social media and/or marketing channels (including but not limited to Meta Ads and Google Ads).
13.3 You (as a Host) must not publish, post, transmit or upload Host Listings on, or via, the HireSpy Spaces Platform that:
- (a) contain confidential information;
- (b) are knowingly inaccurate, misleading or deceptive or fraudulent (including, but not limited to, as a result of you having impersonated another person or misrepresented your identity);
- (c) are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including HireSpy Spaces or our Personnel;
- (d) are aimed at disparaging or damaging the reputation or goodwill of our business, the HireSpy Spaces Platform, our social media pages, or any of our Personnel and third parties connected to us; or
- (e) constitute or comprise any other material whatsoever which contravenes this agreement.
13.4 HireSpy Spaces is not responsible for monitoring or censoring Host Listings; however, we may, at our absolute discretion, monitor, censure, remove, modify, suspend or refuse to publish or alter any Hosting Listings (with or without notice to you) if:
- (a) HireSpy Spaces considers that such Hosting Listings do not comply with this clause 13 (Host Listing Policy), any other term of this agreement or any of HireSpy Spaces’ policies or guidelines published by HireSpy Spaces from time to time; or
- (b) HireSpy Spaces receive a complaint from a Guest, another Host or third party that you are infringing their Intellectual Property Rights or other rights. HireSpy Spaces may investigate any complaint within a reasonable period of time and we may at our discretion let you know the outcome of its investigation.
13.5 You may make a complaint that the Host Listing published by another Host contravenes the Host Listings Policy by emailing us at disputes@hirespyspaces.com.au. HireSpy Spaces shall use reasonable endeavours to investigate the complaint and remove any Host Listing that has been published in contravention of the Hosting Listing Policy within a reasonable period of time.
14. Cancellation policy
14.1 If the Guest cancels a Booking:
- (a) prior to 7 days before the Hire Period is scheduled to commence, the Hire Fee will be refunded to the Guest, minus the Service Fee; or
- (b) between 7 days and 48 hours before the Hire Period is scheduled to commence, the Guest will pay, by way of liquidation damages, a cancellation fee to HireSpy Spaces equal to 50% of the Hire Fee to the Host (only after the Service Fee has been deducted from the Hire Fee);
- (c) within 48 hours before the Hire Period is scheduled to commence, the Guest will pay, by way of liquidation damages, a cancellation fee to HireSpy Spaces equal to 100% of the Hire Fee to the Host and the Service Fee to HireSpy Spaces,
which are genuine and reasonable pre-estimates of HireSpy Spaces administration costs associated with the cancellation of the Booking and the Hosts losses arising out of the cancellation of the Booking.
14.2 The Processing Fee is non-refundable if the Guest or Host cancels the Booking.
14.3 To cancel a Booking the Guest (as the case may be) must use the ‘cancel Booking’ function in the HireSpy Spaces Platform.
14.4 You (as a Host) will notify HireSpy Spaces by email to cancel@hirespyspaces.com.au at a minimum of 7 days prior to the scheduled Hire Period if you are unable to provide or hire the Space to the Guest during the Hire Period. If you (as the Host) cancel more than 7 days from the scheduled booking date, you will be subject to pay HireSpy Spaces a penalty fee equal to the Service Fee of the total Hire Fee. If you (as the Host) cancel between 7 days and 48 hours before the scheduled booking date, you will be subject to pay HireSpy Spaces a late cancellation fee (Host Late Cancellation Fee), equal to 50% of the amount of the cancelled booking, or if you (as the Host) cancel within 48 hours from the booking date, you will be subject to pay HireSpy Spaces a late cancellation fee (Host Late Cancellation Fee), equal to 100% of the amount of the cancelled booking, including all associated transaction fees which must be paid to HireSpy Spaces within a 5 day payment period from the date of cancellation, unless the following exemptions apply;
- (i) unexpected death or serious illness,
- (ii) severe natural disaster or severe weather conditions,
- (iii) a public health emergency,
- (iv) significant unforeseen damage has occurred to the Space making it unsafe to be used by the Guest (Cancellation Exemption).
If both Host and Guest agree to reschedule due to the above exemptions, they may do so by emailing cancel@hirespyspaces.com.au with an alternate date and time-period and no cancellation fee will apply in accordance and with approval from HireSpy Spaces (Exemption Reschedule).
14.5 If notice of cancellation occurs in accordance with the 7-day pre-warning period, You (as a Host) will, at your own cost, provide the Guest with a full refund of the Hire Fee paid by the Guest within a reasonable period of time (but no later than 14 days) if the Space:
- (a) is no longer available to be hired or cannot be accessed or used by the Guest during the scheduled Hire Period for whatever reason (except where the Guest cancels the Booking or the Guest breaches this agreement or the Space Rules);
- (b) is defective, not of merchantable quality or unsafe to use; or
- (c) does not meet the description, specifications and quality standards as described in the Host Listing.
14.6 If the Guest fails to pay the Hire Fee in accordance with clause 11.2(a), the Booking will automatically be cancelled by HireSpy Spaces.
14.7 If a Booking is cancelled by either the Guest or Host (as the case may be) for any reason, HireSpy Spaces is not liable to you or anyone else arising out of, or in connection with, such a cancellation of the Booking.
15. Intellectual Property Rights
15.1 You acknowledge that, notwithstanding anything else, HireSpy Spaces and/or our licensors own all Intellectual Property Rights in the HireSpy Spaces Platform including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the HireSpy Spaces Platform (and anything arising or generated therefrom) (collectively, the HireSpy Spaces IP). Accessing and using HireSpy Spaces Platform does not give you (or anyone else) ownership of, or any right, title or interest in any of the HireSpy Spaces IP, all of which is, and will remain, owned by HireSpy Spaces or our licensors.
15.2 All Intellectual Property Rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the HireSpy Spaces Platform will automatically vest in, and are assigned to, HireSpy Spaces.
15.3 By creating an Account and/or publishing, uploading or submitting a Profile on, or via, the HireSpy Spaces Platform, you grant HireSpy Spaces for the Term a royalty-free, non-exclusive, sub-licensable, transferable and worldwide licence to:
- (a) use your Account, Host Content and Profile (including registration information and Personal Information) for the purpose of providing you with access to, and use of the HireSpy Spaces Platform and any ancillary products or services made available on, or via, the HireSpy Spaces Platform or for marketing purposes; and
- (b) market and promote the hire of the Spaces to Guests on, or via, the HireSpy Spaces Platform.
16. Warranties
16.1 To the maximum extent permitted by Relevant Laws, HireSpy Spaces excludes all express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statute, common law or otherwise), in connection with the provision of the HireSpy Spaces Platform.
16.2 Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
16.3 You acknowledge and agree that, to the extent permitted by Relevant Laws, HireSpy Spaces makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the HireSpy Spaces Platform, the Spaces or any other ancillary products or services made available to you on, or via, the HireSpy Spaces Platform. You acknowledge that the Spaces or any other ancillary products or services made available to you on, or via, the HireSpy Spaces Platform are provided ‘as is’ and HireSpy Spaces will not be liable if the HireSpy Spaces Platform, the Spaces or any other ancillary products or services made available to you on, or via, the HireSpy Spaces Platform, are unavailable for any reason, including directly or indirectly as a result of:
- (a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- (b) negligent, malicious or wilful acts or omissions of third parties (including HireSpy Spaces’ third party service providers, Hosts or Guests);
- (c) maintenance (scheduled or unscheduled) carried out by HireSpy Spaces’ or any third-party service provider, including in respect of any of the systems or network used in connection with the provision of the HireSpy Spaces Platform;
- (d) products or services provided by third parties (including internet service providers and Hosts) ceasing or becoming unavailable; or
- (e) a Force Majeure Event.
16.4 You warrant, acknowledge and agree that:
- (a) your use of the HireSpy Spaces Platform has not been made on the basis of any representations made by HireSpy Spaces regarding future features or functionality of the HireSpy Spaces Platform;
- (b) you (as a Host) have the right to post, publish and reproduce the Host Content listed or displayed on the Profile (and all Intellectual Property Rights contained therein), and grant us the right to post, publish and reproduce the Host Content on the HireSpy Spaces Platform or any of our social media pages;
- (c) you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights; and
- (d) HireSpy Spaces makes no representations, warranties or guarantees that you: (i) as a Host will make any profit, revenue, a minimum number of sales or increase your market share or client base by accessing, using and advertising on, or via, the HireSpy Spaces Platform; or (ii) as a Guest, will achieve a certain level of enjoyment from using the Space or that the Space will assist you to achieve your personal and professional goals or outcomes.
17. Limitation of Liability
17.1 To the fullest extent permitted by Relevant Laws, HireSpy Spaces will not be liable to you or any third party for Consequential Loss arising out of, relating to, or connected to, the provision or use of Spaces, your access to, or use of, the HireSpy Spaces Platform (or any other ancillary products or services made available to you on, or via, the HireSpy Spaces Platform) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
17.2 Under no circumstances will HireSpy Spaces’ aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed:
(a) in the case of Guests and Hosts, the Hire and Service Fee paid to HireSpy Spaces.
in the preceding one month of the date of the Claim.
17.3 You agree to defend, indemnify and hold HireSpy Spaces, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Losses and Claims that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
- (a) the access and use by you, your Personnel, your Affiliates, your invitees or any third party of the Spaces and the HireSpy Spaces Platform;
- (b) a breach by you, your Personnel or your Affiliates of any Relevant Laws or the Intellectual Property Rights of HireSpy Spaces or any third party;
- (c) any breach by you or your Personnel of any Relevant Laws; or
- (d) any breach by you, your Personnel or your Affiliates of this agreement.
18. Privacy
18.1 All Personal Information you provide to open an Account, create a Profile and any Host Content you upload, generate, share, or publish on, or via, the HireSpy Spaces Platform, is subject to our Privacy Policy, which is incorporated into this agreement. HireSpy Spaces will not sell your Account and registration information to any third party.
18.2 You warrant that, in relation to any Personal Information comprising your Account, Profile, Host Content or any other information disclosed to HireSpy Spaces on, or via, the HireSpy Spaces Platform:
- (a) it has been collected in accordance with Privacy Laws;
- (b) you have the authority to upload, post, publish or otherwise transmit such information on, or via, the HireSpy Spaces Platform; and
- (c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for HireSpy Spaces to use, disclose, store, transfer, process or handle it.
19. Termination
19.1 During the Term you may terminate this agreement at any time by writing to contact@hirespyspaces.com.au your username and your reason for termination.
19.2 HireSpy Spaces may terminate the agreement any time (without liability to you) by giving you 7 days’ written notice.
19.3 Either party may terminate this agreement by giving notice with immediate effect if the other party:
- (a) breaches any material term of this agreement and such breach is not remedied within five Business Days after receiving notice of the breach;
- (b) breaches any material term of this agreement and such breach is not capable of remedy; or
- (c) suffers an Insolvency Event.
19.4 You agree that HireSpy Spaces may, at any time and at our absolute discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
- (a) your Account, and/or Profile and/or Host Content;
- (b) the HireSpy Spaces Platform;
- (c) any social media pages linked to its business or the HireSpy Spaces Platform; or
- (d) any other products and services offered on, or via the HireSpy Spaces Platform (including third party products and services).
19.5 Cause for such suspension or termination under clause 19.4 may include, but are not limited to:
- (a) any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy and Host Listing Policy) and any other agreements entered into between the parties;
- (b) serious or repeated breaches or violations of HireSpy Spaces or another person’s Intellectual Property Rights or privacy rights;
- (c) your activities, conduct or transactions on, or, via, the HireSpy Spaces Platform, brings, or has the capacity to bring, HireSpy Spaces into disrepute;
- (d) requests by law enforcement or other government agencies.
19.6 If HireSpy Spaces terminates the agreement in accordance with clause 19.4, you acknowledge and agree that you are not entitled to a refund of the Hire Fees and/or Service Fees.
19.7 You agree that all such suspensions or terminations shall be made at our absolute discretion and that HireSpy Spaces shall not be liable to you or any third party for any such suspension or termination.
20. Effect of termination
20.1 If this agreement is terminated for any reason (except where a Guest is in breach of this agreement and/or Space Rules), you (as a Host) are not released from your obligation to make your Space(s) available to a Guest for the scheduled Hire Period where such Guests Booked the Space prior to the date of termination.
20.2 Provided you (as a Host) comply with your obligations under clause 20.1, HireSpy Spaces shall pay you all Hire Fees (less Service Fees) received by us but not paid to you as at the date of termination.
20.3 On termination of this agreement for any reason:
- (a) all licences and rights of access granted to you (as a Guest and/or Host) under this agreement will immediately terminate; and
- (b) HireSpy Spaces will disable your Account (as the context permits), Profile and your Host Listing will no longer be accessible by you through the HireSpy Spaces Platform. All information that is no longer needed will be securely destroyed or de-identified; however, HireSpy Spaces will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
21. Third party websites
21.1 The HireSpy Spaces Platform or any Profile may contain third party content or content that may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the HireSpy Spaces Platform. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.
21.2 Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
21.3 Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.
22. Dispute Resolution
The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties (except a dispute between a Host and Guest) under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
23. Force Majeure
HireSpy Spaces will have no liability to you (whether you are a Guest or Host) or anyone else under this agreement if it is prevented from or delayed in performing its obligations under this agreement or otherwise, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, pandemics, epidemics, mandatory government lock-downs, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
24. Updates
24.1 Without notice to you, HireSpy Spaces may, at our absolute discretion, from time to time:
- (a) change, add or delete the functions, features, performance, or other characteristics of the HireSpy Spaces Platform; or
- (b) apply or install updates to, or new versions of, the HireSpy Spaces Platform.
24.2 You acknowledge that the Content and Host Content on the HireSpy Spaces Platform are subject to change at any time and may be out of date at any given time. HireSpy Spaces are under no obligation to:
- (a) update, correct or fix any Content, Host Content or errors in the HireSpy Spaces Platform; and/or
- (b) notify you of any changes to the Content, Host Content or the HireSpy Spaces Platform unless required by a Relevant Law to do so.
25. Notice
25.1 By accessing and using HireSpy Spaces Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the HireSpy Spaces Platform.
25.2 You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
25.3 Notice will be deemed received and properly served immediately when posted on the HireSpy Spaces Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
26. General
26.1 A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
26.2 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
26.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
26.4 HireSpy Spaces may deduct from any amounts owing to you under this agreement from any amounts due or owing to us under this agreement (including under the indemnity in clause 17.3).
26.5 This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
26.6 Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer or deal in any other manner with all or any of its rights or obligations under this agreement, except that HireSpy Spaces may assign, sell or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of our business.
26.7 Clauses 7.3, 7.7, 8.7, 8.10, 8.11, 10, 11, 12, 14, 15, 16, 17, 19, 20, 22, 23, 25, 26 and any other obligation which is expressed to, or by its nature, survive expiry or termination of this agreement, will survive expiry or termination of this agreement and are enforceable at any time at law or in equity.
26.8 Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
26.9 The laws of the state of South Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of South Australia.
27. Contact Us
If you have any questions about this agreement, please contact us via email at contact@hirespyspaces.com.au.
28. Feedback
If you have any feedback to help us improve the HireSpy Spaces Platform, please contact us via email at feedback@hirespyspaces.com.au. Your feedback is important to us!
29. Definitions
29.1 In this agreement, the following words shall have the following meanings:
- (a) Account has the meaning in clause 5.1.
- (b) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
- (c) Booking means the booking or hire of Space by a Guest through the HireSpy Spaces Platform.
- (d) Booking Request feature allows the guest to request a date and time of booking which will be manually approved by the Host each time the Host’s Space is requested. The request will expire 48 hours from making the request. In the instance of a same day booking request the Host must approve the request 6 hours before the Hire Period is scheduled to start, and the Guest must make payment of the Hire Fees at least 4 hours before the Hire Period is scheduled to commence.
- (e) Business Days means each day excluding Saturdays, Sundays and public holidays in South Australia.
- (f) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
- (g) Commencement Date has the meaning in clause 4.1.
- (h) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, or loss of enjoyment; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) loss or damage to any Spaces, personal or real property, or for any personal injury or death; or (v) loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by or to a third party.
- (i) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the HireSpy Spaces Platform.
- (j) Cancellation Exemption means when a Host cancels within 7 days from the Hire Period, they are exempt from cancellation fees due to unexpected death or serious illness, severe natural disaster or severe weather conditions, a public health emergency or significant unforeseen damage has occurred to the Space making is unsafe to be used by the Guest.
- (k) Exemption Reschedule means when both Host and Guest agree to reschedule a Booking to an alternate Hire Period due to a Cancellation Exemption occurring in accordance and with approval of HireSpy Spaces.
- (l) Force Majeure Event has the meaning in clause 23.
- (m) Guest means a user of who books and/or hires Spaces from Hosts on, or via, the HireSpy Spaces Platform and who creates an Account.
- (n) GST means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- (o) Hire Fees has the meaning in clause 11.2.
- (p) Hire Period means the period the Space is hired by the Guest as further described in the Booking, which in all cases, will not exceed 24 hours.
- (q) HireSpy Spaces has the meaning in clause 1.1, and where the context permits, our Personnel and Affiliates.
- (r) HireSpy Spaces IP has the meaning in clause 15.1.
- (s) Host means a user of the HireSpy Spaces Platform that advertises, makes available and provides Spaces to a Guest for periods not exceeding 24 hours on, or via, the HireSpy Spaces Platform, and has created a Profile.
- (t) Host Account has the meaning in clause 5.1.
- (u) Host Content means any content, text, graphics, images, photographs, and footage uploaded, transmitted or posted by a Host on or via, the HireSpy Spaces Platform.
- (v) Host Late Cancellation Fee means if a Host cancels a Booking, within 7 days of the Hire Period, the Host is subject to pay HireSpy Spaces a late cancellation fee of 50% or equal to the total amount of the cancelled booking, including all associated transaction fees, such as the Service Fee.
- (w) Host Listing has the meaning in clause 13.1.
- (x) Host Time Zone means the time zone where the Booking will occur, as determined by the geographical location of the Host Listing.
- (y) HireSpy Spaces Platform means the online marketplace (including all Intellectual Property Rights contained therein) owned and operated by HireSpy Spaces and made available to Guests and Hosts via the Site for hiring Spaces.
- (z) Insolvency Event means a liquidation or winding up, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to the above events.
- (aa) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
- (bb) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
- (cc) Overstay Duration means the total amount of time the Guest has overstayed their Hire Period.
- (dd) Password has the meaning in clause 5.2.
- (ee) Payment Period has the meaning in clause 11.3.
- (ff) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
- (gg) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
- (hh) Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
- (ii) Profile means the profile of a Host and/or Guest that is displayed on the HireSpy Spaces Platform and which contained the registration information of the Host or Guest (including Personal Information) and Space(s) the Host has made available to be hired as further described in clause 7.1 and Host Content.
- (jj) Privacy Policy means our privacy policy available at www.hirespyspaces.com.au/privacy-policy or any other internet site notified by us from time to time, which is incorporated into this agreement.
- (kk) Registration Portal means the registration portal on the Site used by you to access, use and/or subscribe to the HireSpy Spaces Platform.
- (ll) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world, and includes Privacy Laws in the state or territory of Australia in which you operate.
- (mm) Spaces has the meaning in clause 2.1.
- (nn) Service Fee has the meaning in clause 11.5.
- (oo) Space Rules means the rules that govern a Guests access to, and use of, the Space as specified by the Host (as published on the Profile or otherwise located at the Space).
- (pp) Site means the HireSpy Spaces website (www.hirespyspaces.com.au) and any social media linked pages, or any other internet site notified by HireSpy Spaces from time to time.
- (qq) Term has the meaning in clause 4.1.
- (rr) Third Party Payment Processor means Stripe and any other a third party payment processor permitted by HireSpy Spaces from time to time.
- (ss) Timeslots means a feature within the HireSpy Spaces Platform that allows the Guest to select from immediately available dates and times set manually by the Host.
- (tt) you or your has the meaning in clause 1.1 and where the context permits, is a Guest or Host.