www.weekdayspace.com.au is owned and operated by My WeekDay Space Pty Ltd (ABN 71 628 049 865). These Terms of Use (“Terms”) apply to all users of the Services provided on this Website, including advertisers of accommodation or car spaces, and users who are searching for accommodation or car spaces. In using our Website and Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time. If you do not accept these Terms, you may not use this Website.

We may modify and update these Terms at any time. You need to ensure you review the Terms from time to time. We may also send you notification of the amended Terms by email.

The amended Terms will take effect from the next time you log into the Website or use the Website.  If you do not agree with the amendments, then you must stop using the Website.  Your continued use of the Website is subject to our current Terms as amended from time to time.

DEFINITIONS

“Advertisement” means any Content advertising Property for rent and includes any Content provided by any Advertiser or any other person at any time.

“Advertiser” means any user of the Website that advertises Property on the Website, whether that user is an individual, sole trader, partnership, company, trading trust or other legal entity that has been accepted as an Advertiser on the Website.

“Content” means any and all material, links, words and images the Advertiser submits or links to the Website including, but not limited to, any registered trade marks or unregistered trade marks.

“Guest” means any user of the Website that uses the Website to search for Property and/or book Property, whether that user is an individual, sole trader, partnership, company, trading trust or other legal entity that has been accepted as a Guest on the Website.

“Property” means property which is advertised for rent on the Website and includes, but is not limited to, residential property and car parking spaces.

“Services” means the services provided via or using the Website including the online advertising or booking of any Property.

“Website” means www.weekdayspace.com.au

“We”, “our” and “us” means My WeekDay Space Pty Ltd (ABN 71 628 049 865).

“You”, “you” or “User” means the Advertiser or Guest who uses our Services and by doing so, agrees to these Terms.

AGREEMENT BY ADVERTISERS

As an Advertiser, you acknowledge and agree that we may provide you with our Services and list your Advertisement on our Website. Payment must be made in advance in accordance with our fees as posted on our Website or notified to you from time to time.

In order to use our Services as an Advertiser, you represent and warrant the following:

  • we will not be breaching any third party rights by posting any Content you provide;
  • you are not breaching any laws, regulations, standards, codes or guidelines by providing us with or publishing the Content on the Website, including, but not limited to, the Australian Consumer Law (ACL) and any mandatory codes or guidelines published by the Australian Competition and Consumer Commission (ACCC) that are prescribed under the Competition and Consumer Act 2010 or voluntary industry codes or guidelines that apply to you in relation to the offer for rent of any Property;
  • you have obtained all relevant and required approvals from all parties in relation to any Property that you advertise on the Website;
  • all information you provide for publication on the Website is true, correct, up-to-date and accurate to the best of your knowledge;
  • you will at all times abide by the Australian Consumer Law (ACL) requirements including, but not limited to, the re-supply or refund of any services you supply or provide which do not meet ACL requirements;
  • you also agree to ensure you adhere to good practice service standards in providing any Property to Guests in a timely and responsive manner;
  • you have all required insurances, licenses, certifications and meet all regulatory, real estate and other requirements in order to place any Advertisement you provide to us and place on our Website and provide any Property for the use advertised; and
  • the description and Advertisement does not include language or information that could be considered racist, morally objectionable or otherwise offensive.

ADVERTISER AGREEMENT REGARDING ADVERTISEMENTS AND CONTENT

As an Advertiser, by submitting or posting any Content to the Website, you agree:

  • we have a non-exclusive, worldwide, royalty-free, perpetual licence to use, edit, reproduce and exploit the Content in any form, format or media for any purpose related to the Website and to grant others the right to reproduce your Content in any form, format or media for any purpose related to the Website; and
  • you will notify us within 24 hours when any Property becomes unavailable, including, but not limited to, sold, rented, no longer on the market or otherwise.

GENERAL AGREEMENT BY USERS

As a User of the Website (whether an Advertiser, Guest or otherwise), you agree:

  • all information you provide for publication on the Website or that you communicate to us or to other Users of the Website is true, correct, up-to-date and accurate to the best of your knowledge;
  • we are a third party facilitator only for the purposes of providing the Services, for permitting Advertisers to post their Content on our Website and for permitting Guests to search for Property to rent on our Website;
  • we do not guarantee any sales, business, increase in traffic or otherwise;
  • we do not provide any representations, warranties or guarantees about the quality, condition, features, nature or suitability for a particular purpose of any Property that is advertised on our Website;
  • we do not provide any representations, warranties or guarantees about the integrity, reliability, trustworthiness or character whatsoever of any Users of the Website;
  • you are fully responsible for performing your own due diligence in determining whether to interact with any other User of the Website or whether to use any Property which is advertised on the Website;
  • that any transactions related to any Property we may list on our Website are undertaken directly between the Advertiser and the Guest and that we are not a party to any such transactions; and
  • any disputes, issues, dealings, complaints are to be dealt with directly between the Advertiser and the Guest, and we are not to be involved in such disputes.

GENERAL AGREEMENT REGARDING ADVERTISEMENTS AND CONTENT

As a User of the Website (whether an Advertiser, Guest or otherwise), you may not submit Content or allow Content to be submitted that:

  • you do not have the right to submit;
  • is defamatory or in contempt of any legal or other proceedings;
  • is misleading or deceptive;
  • incites hatred or discrimination against any group of persons with a group being defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  • denounces religious or political beliefs;
  • includes religious or political material which is or is likely to be offensive;
  • is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
  • infringes any copyright, trade mark, patent or other intellectual property right of another person;
  • contains any unsolicited or unauthorised advertising or promotional material;
  • contains viruses or similar software or data designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
  • impersonates any person or misrepresents your relationship with any person.

CANCELLATION AND TERMINATION OF ADVERTISER SERVICES

If you are an Advertiser, you agree to keep us and your Advertisement updated for any advertised Property by notifying us within 24 hours of a change in property status at support@weekdayspace.com.au and updating your Advertisement. You agree to ensure we have true and accurate information about any Property that we advertise on your behalf at all times.

In the event that you do not keep us up-to-date on a Property that we advertise on your behalf, we may suspend or terminate your Advertisement at our sole discretion.

If we receive repeated complaints about your Property, including, but not limited to, the reliability, quality, responsiveness or any other issues related to the provision of the Property, we may immediately terminate your Advertisement and subscription. We will attempt to work with you to resolve such issues where possible but we are not to be involved in any dispute between you and a Guest.

In any case, we may suspend, remove or refuse to post any Advertisement of any Property at any time at our sole discretion.

CANCELLATION AND TERMINATION OF GENERAL SERVICES

As a User of the Website (whether an Advertiser or a Guest), you agree that we may, at our sole discretion, terminate or suspend your access to the Website or our Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and we reserve the right to refer such matters to the appropriate law enforcement authorities.

We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other actions we might take in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of any subscription or registration monies or fees for Services.

LISTING TYPES AND FEES

As an Advertiser, you can apply to post a basic listing at no charge or a premium listing for a fee.

There is no fee to use our Website as a Guest.

If you are an Advertiser, we may notify you of any applicable fees for our premium listings by posting the fees on our Website or by notifying you at the time that you submit your Advertisement to us.

If you are an Advertiser, your Advertisement will appear higher in search results, and it will be highlighted and promoted via social media upon payment in full of your premium listing fee.

We reserve the right to update or amend our fees at any time.

REFUNDS

You agree that any fees you pay for the Services (if applicable) are non-refundable unless otherwise required by law.

LIABILITY

As a user of the Website (whether an Advertiser, Guest or otherwise), you agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage which may result from your use of our Website or the Services. You acknowledge, agree and undertake that you will be the legally responsible party for any Content you place in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and our directors, officers, employees, independent contractors, agents, consultants, advisors and other representatives (the indemnified parties) and keep all the indemnified parties at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any Content you place on www.weekdayspace.com.au.

In addition, you agree to fully indemnify us for any and all claims by other Users of the Website or any third party which may result from your Advertisement, Content or links on the Website or any business you conduct with any User. We are not responsible for your Content nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on the Website, business or otherwise. You agree you will fully indemnify us for any claim and, will take over and manage any claim from any other User or other third party.

Certain legislation including the Australian Consumer Law (ACL), the Consumer and Competition Act 2010 (CCA), and similar consumer protection laws and regulations may confer on you rights, warranties, guarantees and remedies relating to the provision of services we provide to you which cannot be excluded, restricted or modified (your Statutory Rights).

Our liability to you is limited to your Statutory Rights and all other conditions, and warranties implied by custom, law or statute are expressly excluded from these Terms.

To the extent our liability for breach of your Statutory Rights cannot be excluded by law, our liability will be limited, at our option, to the re-supply of the Services; or payment of the cost of resupplying those Services to you; or a refund of the fees you paid for the Services.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

We reserve the right to disclose the name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

LINKING

The Website and any Content available through the Website may contain links to other websites which are completely independent of www.weekdayspace.com.au.

We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website or any goods or services provided through these websites.

Linking to or use of any other website is at the user’s own risk.

GOVERNING LAW

These Terms of Use are governed by the laws of QLD which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.