Terms of Service
A Perfect Space is in the business of listing and marketing locations available for third parties to view, host and hire through an online platform.
These terms apply to your access and/or use of A Perfect Space whether on your personal computer, a mobile device, on our Website (www.aperfectspace.com) or on any other device or platform, as well as any other service that we may provide such as customer service, social media, community forums, etc. (“the Services”) regardless of whether you are browsing, listing your location for hire or hiring a location from a third party and regardless of whether you have created an account with A Perfect Space.
These terms are a legally binding agreement between you and A Perfect Space Pty Ltd (ACN 612 421 566), a company incorporated in Victoria, Australia. By using the Services you agree to be bound to these terms.
A Perfect Space reserves the right to amend these terms at any time. Your continued use of the Services after the terms have been updated shall constitute acceptance of the updated terms.
These terms apply in addition to the Hirer Agreement and Host Agreement available at (email us if you would like a copy of these agreements).
A PERFECT SPACE’S OBLIGATIONS
A Perfect Space agrees to allow you to view the Services, create an account on the Website and use the Services to view, list, host, book and/or hire locations.
A Perfect Space does not warrant or guarantee that the host of a location will accept any bookings made through the Services and A Perfect Space takes no responsibility for the content posted on the Services.
Whilst A Perfect Space shall endeavour to ensure the Website and Services function well at all times, A Perfect Space makes no warranty as to the proper or continued function of the Services or the Website.
YOUR WARRANTIES AND OBLIGATIONS
You warrant that all information provided to A Perfect Space and posted on the Website or through the Services is accurate and does not infringe any third party rights.
You acknowledge that you are responsible for any damage caused by you to a location hired or hosted through the Services and under no circumstances is A Perfect Space liable for any loss or damage suffered by you or caused to any locations. You acknowledge that you are responsible for the acts or omissions of any guests that use or attend the location during your booking and you must ensure that all guests comply with these terms.
You agree to comply with all applicable laws and regulations when using the Services, including browsing the Website, offering a location for hire, booking a location, using a location and in any other conduct relating to the Services. If you breach this clause (Clause 3.3) A Perfect Space may terminate your booking, listing and/or account immediately.
You acknowledge that if you list a location for hire through the Services you have the legal right to offer that location to third parties, all information provided to A Perfect Space is accurate, that you have the appropriate insurance to cover any loss, damage, death or injury at your location and that you are not infringing any laws or third party rights by offering the location to hire.
You undertake that you will not copy or distribute any information obtained through the Services except with the express written consent of A Perfect Space.
You warrant that you will not use any automated system to access the Website and will not attempt to interfere with or compromise the integrity of security of the Website or the Services.
You shall not post or display any unlawful, defamatory or obscene material on the Website or through the Services. You authorise A Perfect Space to make any change to your account that it deems necessary to comply with this clause (Clause 3.5).
You acknowledge the payment terms set out in the Hirer Agreement and Host Agreement available to view at www.aperfectspace.com and agree that any hosting or booking of locations and payments made or received through the Services will be governed by these agreements.
You acknowledge that you browse, use, host, list and/or hire through the Services at your own risk. A Perfect Space shall not be liable in any circumstances for any act or omission by you in browsing or using the Services, any inconsistencies between the descriptions of locations listed on the Services and the actual location hired or any loss or damage resulting from any browsing, hosting, booking or use of a location through the Services.
You agree to indemnify and hold harmless A Perfect Space, its employees, officers, directors and agents from and against all actions, suits or claims brought or made by any person, company, collective enterprise or authority (including any third parties using the Services) and from all liability, damage, loss, expense, interest and costs (including all legal costs incurred in taking advice and/or defending any action, suit or claim) suffered, incurred by or awarded against A Perfect Space arising from or related to; (a) your use of a location; (b) the conduct of you or your guests when using or hosting a location; (c) any claim by a third party relating to your use of the Services or (d) your use of the Website or the Services.
To the maximum extent permitted by law A Perfect Space excludes any liability to you resulting from any act or omission connected to the Services and you accept that exclusion of liability as a precondition to being permitted to use the Services to browse, list and book locations.
Notwithstanding Clause 4.3, if A Perfect Space is deemed liable the maximum aggregate liability to compensate the HIRER under this Agreement is limited to an amount equal to the portion of the fees retained by A Perfect Space in regard to the transaction that is the subject of the claim.
Both you and A Perfect Space undertake that you will not at any time use or disclose the other party’s confidential information to any other person or entity, except the party’s professional advisers or to the extent required by law. Confidential information means all communications between the parties to these terms and all data, information and other materials supplied to one party by the other party or received by one party from the other party that is either marked confidential or by its nature is intended to be confidential, and any information considering the business, transactions or the financial arrangement of either party disclosed to the other party that is conveyed in circumstances that indicate it is confidential, but does not include information that is; (a) in the public domain other than by breach of these terms; or (b) required to be disclosed by law; or (c) information known to the recipient party prior to the commencement of these terms.
A Perfect Space reserves the right to modify these terms as reasonably required. Your continued use of the Services constitutes acceptance of any amended terms.
No delay, failure or omission (in whole or in part) in exercising or pursuing any right or remedy under these terms will be construed as a waiver of that right or remedy.
These terms, together with the Host Agreement and Hirer Agreement available from [email protected] constitutes the entire agreement and understanding of the parties relating to the Services. In accepting these terms, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these terms.
If any provision of these terms is found to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of the terms, which will remain in full force and effect.
These terms (and any and all disputes arising out of or in connection with the Service (including without limitation any alleged breach, or challenge to the validity or enforceability, of these terms or any provision hereof)) shall be subject to the laws of the state of Victoria and the Commonwealth of Australia.