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Terms and Conditions

Spazii Terms and Conditions

1. Our Disclosures

  • Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing monthly basis (or yearly basis based on your subscription)
  • Our liability under these Terms is limited to the fees you paid us in the 12 months before the Liability occurred, and we will not be liable for Consequential Loss. However, subject to your Consumer Law Rights, the Service Fees will not be refundable
  • We will have no liability for any aspect of the Customer and Vendor interaction including the services offered by the Vendor, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control
  • We receive a service fee/commission from each Customer for payments made through the Platform
  • If you are a Vendor, you must hold appropriate public liability insurance and you will be solely responsible for the safety and security of the premises, and all claims which may arise from incidents on the premises
Nothing in these terms limit your rights under the Australian Consumer Law.

2. Introduction

  • 2.1These terms and conditions (Terms) are entered into between ACTSON Pty Ltd trading as Spazii ABN 26 646 022 246 (we, us or our) and you, together the Parties and each a Party.
  • 2.2We provide a platform where individuals who own commercial spaces, such as cafes (Vendors) and individuals seeking commercial spaces to hire (Customers) can connect and transact (Platform).
  • 2.3In these Terms, you means (as applicable) the person or entity registered with us as either a Customer or a Vendor or the individual accessing or using the Platform.
  • 2.4If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

3. Acceptance and Platform Licence

  • 3.1You accept these Terms by accepting these Terms on the Platform.
  • 3.2 You must be at least 16 years old to use the Platform.
  • 3.3We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, you will no longer be able to use the Platform from your next billing cycle. No money for the current billing cycle can be refunded.
  • 3.4We may use Google Maps APIs. Your use of third party APIs may be subject to their terms of use.
  • 3.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
  • 3.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  • (a) Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • (b) Using the Platform to defame, harass, threaten, menace or offend any person;
  • (c) Using the Platform for unlawful purposes;
  • (d) Interfering with any user of the Platform;
  • (e) Tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • (f) Using the Platform to send unsolicited electronic messages;
  • (g) Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • (h) Facilitating or assisting a third party to do any of the above acts.

4. Accounts

  • 4.1You must register on the Platform and create an account (Account) to access the Platform’s features.
  • 4.2You may only have 1 Account as a Vendor and 1 Account as a Customer on the Platform.
  • 4.3You must provide basic information when registering for an Account including your business name, address, contact name and email address and you must choose a password. As a Vendor, you must link your Stripe merchant account to your Account before you may start accepting Bookings/Purchase Requests.
  • 4.4You may also register for an Account using your Google account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your contact details.
  • 4.5Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
  • 4.6All personal information you provide to us will be treated in accordance with our Privacy Policy.
  • 4.7You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
  • 4.8You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
  • 4.9We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews
  • 4.10When you create an Account as a Vendor, you must also select a membership (Membership). You may choose between different tiers of Membership with different features and different membership periods as set out on our Platform.

5. Platform summary

  • 5.1The Platform is a marketplace where Customers and Vendors can list and hire commercial spaces online. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Customers and Vendors (together the Spazii Services). You understand and agree that we only make available the Spazii Services. We are not party to any agreement entered into between a Customer and a Vendor and we have no control over the conduct of Vendors, Customers or any other users of the Platform
  • 5.2A Vendor wanting to list their space for hire creates an Account on the Platform and posts a listing that includes an accurate and complete description of the space, including availability, the price for the space (Listing Fees), cancellation policy, and any other relevant details (Vendor Listing).
  • 5.3A Customer wanting to hire a space creates an Account on the Platform to view and browse Vendor Listings.
  • 5.4A Customer may book a space as described in a Vendor Listing using the calendar-based booking system on the Platform. Once a Vendor Listing is selected using this system, the Customer will be directed to a secure payment gateway to make payment. Once the Customer has processed payment for the selected Vendor Listing, it will become a Confirmed Booking.
  • 5.5A Customer may book a Vendor Listing on a once-off basis (or on a recurring basis once integrated onto the platform).
  • 5.6The Vendor confirms that it is legally entitled to and capable of supplying the space described in the Vendor Listing subject of a Confirmed Booking.
  • 5.7Vendors must include all additional terms and conditions relating to their space in the relevant Vendor Listing or must clearly state that there are additional terms and conditions. By processing a Confirmed Booking, a Customer is accepting the additional terms and conditions of the relevant Vendor.

6. Communication

  • 6.1The Platform is a marketplace where Customers and Vendors can list and hire commercial spaces online. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Customers and Vendors (together the Spazii Services). You understand and agree that we only make available the Spazii Services. We are not party to any agreement entered into between a Customer and a Vendor and we have no control over the conduct of Vendors, Customers or any other users of the PlatformThe Platform is a marketplace where Customers and Vendors can list and hire commercial spaces online. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Customers and Vendors (together the Spazii Services). You understand and agree that we only make available the Spazii Services. We are not party to any agreement entered into between a Customer and a Vendor and we have no control over the conduct of Vendors, Customers or any other users of the Platform
  • 6.2A Vendor wanting to list their space for hire creates an Account on the Platform and posts a listing that includes an accurate and complete description of the space, including availability, the price for the space (Listing Fees), cancellation policy, and any other relevant details (Vendor Listing).

7. Vendor Responsibilities

  • 7.1As a Vendor, you acknowledge, agree, and warrant that:
  • (a) At a minimum, you will effect and maintain, for the Term (and for a reasonable period thereafter) and with a reputable insurance provider, a public liability insurance policy, or equivalent, and all other insurances required by Law in order for you to provide the space;
  • (b) Upon request, you will provide us with copies of the certificates of currency to enable us to confirm you hold the required insurances; and
  • (c) It is your sole responsibility for ensuring the safety and security of the space including to Customers and any visitors to the space at all times.
  • 7.2Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any property loss or damage, or personal injury or death, arising from your use of the space.
  • 7.3This clause will survive the termination or expiry of these Terms.

8. Vendor Memberships and Payments

  • 8.1 You may purchase a Membership by paying the Membership fees outlined on the Platform (Fees) in advance on a monthly/yearly basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).
  • 8.2Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
  • 8.3Your Membership may begin with a free trial for the period specified on the Platform (Free Trial Period). Free trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. You will be charged once the Free Trial Period ends and continue to be charged on a monthly/yearly basis based on your subscription agreement.
  • 8.4The Listing Fees (excluding the Service Fee) will be deposited in your merchant account after 10 DAYS of the Customer Payment received as linked in your Account upon payment by the Customer. Customer will be charged on the 7th Day toward the Event Date.
  • 8.5Cancellation of your Membership: You may cancel your Membership at any time using the process set out on the Platform, however, no refunds will be provided for the then current Billing Cycle which you have already paid the Fee. Vendors hold responsibility to honor all the already accepted Customer Bookings. Hence, Spazii platform advises Vendors to DEACTIVATE their account first to ensure their Venue is hidden from the Listing to avoid any new bookings coming through. Once all the existing Customer Bookings are consumed, Vendors can cancel the subscription or cancel their account at any time. 
  • 8.6We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, you will no longer be able to use the Platform from your next billing cycle. No money for the current billing cycle can be refunded.
  • 8.7We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.

9. Customer Payments

  • 9.1You agree to pay (and your chosen payment method will be charged) the Listing Fees at the time you make a booking for a Vendor Listing. Where you are making a recurring booking, you agree to pay the total Listing Fees for the entirety of the booking at the time you make the booking.
  • 9.2In consideration for providing the Platform, we will charge the Platform Fees (third-party payment processing fees will be included in the Listing Fee provided by each vendor) to the Customer as set out on the Platform (Platform Fee of 2%). You (the Customer) agree to pay the Platform Fee at the same time you pay the Listing Fees (third-party payment processing fees will be included in the Listing Fee provided by each vendor)

10. General Payments

  • 10.1The payment methods we offer for the Fees (third-party payment processing fees), the Platform Fees (2% per Booking) and for the Listing Fees are set out on the Platform. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
  • 10.2You must not pay, or attempt to pay, the Listing Fees, the Service Fees or the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
  • 10.3You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
  • 10.4We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

11. Refunds and Cancellation Policy

  • 11.1The Fees (third-party payment process fees), Platform Fees (2% per Booking) and Listing Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
  • 11.2You agree to deal with the cancellation, variation, or refund of any services ordered on this Platform in accordance with the refund policy set out on the Platform. Platform Fees are only refundable in accordance with the Consumer Law Rights of the Vendor and these Terms. Refund policy set by the platform is as follows:  The Full Booking Amount will be charged on the 7th Day Before the Event. Any bookings 7 Days Before the Event Date can be cancelled by customer at No Cost. 50% is REFUNDABLE if customer cancels a Booking 3 Days Before the Event Date (No Fees will be refundable. i.e. Third-party payment process fees, platform fees, etc.). No CANCELLATION is enabled if you have LESS THAN 3 Days to the Event Date (no refund is enabled).
  • 11.3For disputes between Customers and Vendors, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable law
  • 11.4This clause will survive the termination or expiry of these Terms.

12. Reviews

  • 12.1Vendors may review their experience with the Customer on the Platform, and Customers may review with the Vendor on the Platform, including the services (each a Review).
  • 12.2Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
  • 12.3You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • 12.4You can write a Review about a Vendor if you have had an experience with that Vendor, which means that (1) you have engaged the Vendor through the Platform; or (2) you can otherwise document your interaction with the Vendor in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).
  • 12.5You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Vendor Experience).
  • 12.6You may not write a review about a Vendor you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Vendor, or work for the Vendor. Similarly, you may not write a Review about a direct competitor to the Vendor that you own, are employed by or work for.
  • 12.7Your Customer Experience or Vendor Experience must have occurred in the 12 months prior to you writing a Review.
  • 12.8You may only write about your own Customer Experience or Vendor Experience. You are not permitted to write a Review about somebody else’s Customer Experience or Vendor Experience, such as that of a family member or friend.
  • 12.9You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Vendor to write a Review, you should include information about this in your Review. Incentives include the Vendor offering you a gift, reward, discount or advantage for writing a Review about the Vendor on the Platform.
  • 4.10This clause will survive the termination or expiry of these Terms.

13. Intellectual Property

  • 13.1All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
  • 13.2We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
  • 13.3You must not, without our prior written consent:
  • (a) Copy, in whole or in part, any of Our Intellectual Property;
  • (b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • (c) Breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
  • 13.4Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
  • (a) You do not assert that you are the owner of Our Intellectual Property;
  • (b) Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
  • (c) You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
  • (d) You comply with all other terms of these Terms.
  • 13.5This clause will survive the termination or expiry of these Terms.
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

14. Warranties

  • 14.1You represent, warrant and agree that:
  • (a) You will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • (b) There are no legal restrictions preventing you from entering into these Terms;
  • (c) All information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
  • (d) Where you are a Vendor, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Vendor Listings.

15. Australian Consumer Law

  • 15.1Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
  • 15.2If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
  • 15.3Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
  • 15.4As a Customer, the services provided by a Vendor may also confer on you certain rights under the ACL.
  • 15.5This clause will survive the termination or expiry of these Terms.

16. Limitations on liability

  • 16.1To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any aspect of the Customer and Vendor interaction including the services offered by the Vendor, the description of the services requested or offered, any advice provided, the performance of services, or any claims arising from any incidents on the Vendor’s space.
  • 16.2Despite anything to the contrary, to the maximum extent permitted by law:
  • (a) Neither Party will be liable for Consequential Loss;
  • (b) Each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
  • (c) Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees, Service Fees and Listing Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).
  • 16.3This clause will survive the termination or expiry of these Terms.

17. Termination

  • 17.1Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect from the end of the current Billing Cycle.
  • 17.2These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
  • (a) The other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • (b) The Defaulting Party is unable to pay its debts as they fall due.
  • 17.3As a Vendor, if you repeatedly receive reviews below 3 stars, then this will be considered a breach of a material term for the purpose of the above clause.
  • 17.4Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach
  • 17.5Upon expiry or termination of these Terms:
  • (a) We will remove your access to the Platform;
  • (b) We will immediately cease providing the Spazii Services;
  • (c) Where you are a Customer, we will cancel any existing Confirmed Bookings and you will lose any Listing Fees and other amounts paid;
  • (d) Where you are a Vendor, we will cancel any existing Confirmed Bookings and refund the relevant Customers in accordance with the Refunds and Cancellation Policy clause; and
  • (e) Where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
  • 17.6Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees, Service Fees or Listing Fees on a pro-rata basis.
  • 17.7Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
  • 17.8This clause will survive the termination or expiry of these Terms.

18. General

  • 18.1Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
  • 18.2Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
  • 18.3Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Customer, or by a Vendor.
  • 18.4Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Vendor and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
  • 18.5Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
  • 18.6Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
  • 18.7Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
  • 18.8Further assurance:You agree to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and your obligations under it.
  • 18.9Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
  • 18.10Notices:Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  • 18.11Privacy:Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
  • 18.11Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
  • 18.12Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

19. Definitions

  • 19.1Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
  • 19.2Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
  • 19.3Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
  • 19.4Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

ACTSON Pty Ltd (ABN 26 646 022 246)