We invite you to access and use our website. To do this you are required to accept our Terms and Conditions. Please take the time to read them. We may from time to time vary the Terms and Conditions without prior notice.
By accessing this site and registering as a member you are agreeing to these Terms and Conditions.
General Terms Applying to Products (“General Terms”)
sparebizspace.com.au (SpareBizSpace) is an online platform through which owners of business BizSpaces (and agents who have been validly appointed by an owner) (Listers) can connect with individuals seeking short term occupation of business BizSpaces (Finders).
SpareBizSpace is owned and operated by Shamanac Pty Ltd ABN 83 625 598 049 (we or us). We do not own, operate, sell, rent, manage or control any of the BizSpaces, or act as an agent (except as specified in the Payment Terms) or real estate broker.
These Terms set out the terms and conditions applying to Listers and Finders (each referred to as ’You’ in these Terms).
- Agreement has the meaning in clause 2 of these Terms.
- Display Advertising Products means the Products described in clause 17 of these Terms and as set out to you by us from time to time.
- Listing means an advertisement for BizSpaces on the platform.
- Order has the meaning in clause 2(b) of these Terms.
- Payment Terms means the terms for payment published on the platform and applicable to Listers and Finders.
- Platform means the SpareBizSpace desktop website, mobile website and mobile application (including mobile phone, tablet and wearable applications) and related systems.
- Products means any product provided by us on the Platform, including Listings and Display Advertising Products.
- Short -Term means a maximum of 12 months less one day.
- BizSpaces means business spaces, including, but not limited to serviced offices, shared offices, creative spaces, retail spaces, commercial kitchens, outdoor spaces (e.g. gardens attached to physical space and privately owned), meeting rooms and co-working spaces that are available for short-term occupation.
- Terms means these terms and conditions as amended from time to time in accordance with clause 5(d).
- Term has the meaning in clause 3 of these Terms.
- We / our / us means Shamanac Pty Ltd ABN 83 625 598 049, the entity operating SpareBizSpace.
- You or you means you, being either a Lister or a Finder.
2. Your Agreement with us
Your agreement with us (Agreement) consists of:
- these Terms; and
- any physical document or electronic interface that we make available to you which you sign or otherwise indicate your agreement to, including, but not limited to: insertion orders or contracts, emails, online forms or other documents (including those made available to you via the platform) (your order); and
- the terms and conditions of any credit application accepted from you.
This Agreement is the entire agreement between us about its subject matter and it supersedes all prior agreements and understandings between us.
3.1 The term of this Agreement is 30 days, after which this Agreement will automatically renew for consecutive periods until we give you 30 days’ notice of its termination, or we or you otherwise terminate this Agreement in accordance this these Terms.
4 Third Party Content
Our website contains content provided to us by other parties (Third Party Content). We do not have a practice of monitoring or making inquiries about Third Party Content. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent our views. You rely on Third Party Content completely at your own risk.
5. Your acknowledgements
You acknowledge and agree that at all times during the Term of this Agreement:
- in consideration for the services we provide to you, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to our website any content you provide to us during the Term, and this licence survives termination of this Agreement by you or us;
- we may, at our discretion, remove or amend some or all of your Listings, your content or your profile if you are, in our reasonable opinion, in breach of your obligations under clause 6(e) below;
- Listers are solely responsible for the content of their Listings and any errors or omissions in those Listings. Our role is one of publisher;
- we may vary this Agreement or any of its constituent documents, provided that if the variation would result in a material change to either party’s rights or obligations and, for that reason, may cause you material detriment, we will give you at least 30 days’ written notice via email before the variation is to take effect and you may terminate this Agreement during this period if you reasonably consider the variation will cause you material detriment. For variations that do not result in a material change to either party’s rights or obligations or would not cause you material detriment, we will give you at least 30 days’ written notice via the platform before the variation is to take effect and you may not terminate this Agreement during this period under this clause 5(d);
- you will comply with platform policies (as published on the platform from time to time);
- we will use best endeavours to provide you with continuous and fault-free operation of the platform and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;
- where you have provided us with your contact details or your employees have provided us with their contact details (verbally or in writing, including by the provision of a business card to our employees) we may contact you and your employees from time to time in relation to Products and services offered by us or our business partners and you authorise us:
- to contact you or your employees via email, text message push notifications and other electronic media, unless you explicitly request us not to contact you via these media; and
- to contact you or your employees via any of these methods without including an unsubscribe facility, to the extent permitted by law;
- we do not own or operate any of the BizSpaces. We also do not sell, rent, manage or control any of the BizSpaces. We do not act as a real estate agent or broker for any Lister or Finder, and we are not a party to any agreement between Finders and Listers. When you make or accept a booking for a BizSpace, you enter into a contract directly with the Lister accepting your booking, or the Finder whose booking you have accepted (as the case may be). Any misrepresentations by a Lister or Finder are not misrepresentations by us
- we make no representations that any Finder will be an appropriate occupier for a BizSpace, nor do we represent that any BizSpace will be appropriate for a Finder. Each Lister and Finder is responsible for screening a prospective occupier for a BizSpace and each Finder is responsible for screening a BizSpace and Lister to ensure that the BizSpace is suitable for their needs. We do not have any control over and do not guarantee the existence, quality, suitability or legality of any BizSpace, Lister or Finder. We are not liable to you for the performance of another person with respect to a BizSpace. This means that if you are a Finder, we are not liable to you for the actions or representations of a Lister; and if you are a Lister we are not liable to you for the actions or representations of a Finder. You are not our employee, agent or partner;
- you must be at least 18 years old, and legally able to enter into a contract, in order to use the Platform as a Lister or Finder.
6. Your Obligations
Your obligations to us are as follows:
- You will only upload content (including but not limited to Listings) to the Platform yourself or via an authorised third party who has been provided with and agreed to each of the documents comprising this Agreement;
- if you are, in our reasonable opinion, in breach of clause 6(e) below, you will promptly comply with any direction we give to you in relation to your relevant Listing(s), including any direction to delete, amend or update any relevant Listing(s);
- you will ensure that any statement you make or any content or material supplied by you (including content uploaded to the Platform or in the course of any booking made by you):
- is not unlawful;
- is not provided for an improper purpose;
- is not misleading or deceptive or likely to mislead or deceive;
- does not include information that is defamatory, fraudulent, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- does not otherwise breach the Acceptable Use Policy; and
- is accurate, current and complete.
- you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (including the Australian Consumer Law); fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act 1988 and regulations thereunder;
- you will ensure that you and all of your employees will treat our employees and those of any other Lister or Finder with courtesy at all times and not threaten, harass, abuse, assault, use offensive language towards, defame or repeatedly and unnecessarily contact our employees, contractors or agents or otherwise cause them distress or discomfort;
- you will ensure that your username and password for accessing any service supplied by us are kept secure at all times and are only disclosed to persons employed by you or engaged to provide services to you and who are authorised to incur charges on your behalf. However you are responsible for any use of any service supplied by us using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use; and
- you undertake that you will only collect, use, disclose and store personal information obtained through the Platform:
- if you are a Lister, for the sole purpose of contacting the person enquiring in relation to the specific BizSpace they have enquired about; and
- if you are a Finder, for the sole purpose of contacting the relevant Lister in relation to a specific BizSpace.
6A Additional terms for Listers
6A.1 You represent and warrant to us that at all times:
- if you are not advertising your own property, you hold all required licences or accreditations to advertise all your Listings on the platform, and to licence the BizSpaces related to those Listings;
- you have authority to licence all BizSpaces related to your Listings on the platform;
- all your Listings advertise BizSpaces for short-term occupation only;
- your Listing at all times provides complete and accurate information about your BizSpace and its availability and you have disclosed any requirements or conditions of occupation; and
- you will comply with all of your obligations set out in clauses 5, 6 and 6C.
6A.2 Once a Finder requests a booking of your BizSpace, you may not request that the Finder pays a higher price than in the booking request.
6A.3 You acknowledge that any changes made by you to the rates for your BizSpace may take up to two hours to take effect on the Platform. Until this point, the existing rate applies to any booking made for that BizSpace.
6A.4 Any terms and conditions of occupation of a BizSpace must not conflict with these Terms (including terms with respect to cancellation of a booking).
6A.5 When you accept a booking from a Finder, you are entering into a legally-binding arrangement with the Finder and you agree to provide the BizSpace on the terms set out in your Listing. You also agree to pay to us any applicable fees as specified in your Agreement with us and in the Payment Terms.
6A.6 You are responsible for maintaining current insurance policies with respect to the use of your BizSpace and the services provided by you to Finders.
6A.7 You are, at all times while you are a Lister, registered for GST under applicable Australian laws. You will provide a valid tax invoice to each Finder who makes a booking for your BizSpace, unless we have agreed to do so as your agent.
6A.8 We may offer you a photographer to take photographs of any BizSpace. In this event, we will own all copyright in photographs taken and will make available these photographs to the relevant Lister you for inclusion in that BizSpace’s Listing. Listers are solely responsible for ensuring that any photographs (whether provided by us or not) relating to a BizSpace remain accurate representations of that BizSpace. If you cease to be a Lister, if this Agreement terminates, or if any photograph ceases to accurately represent your Space, you must cease to use that photograph in any way unless expressly authorised in writing by us. We retain the right to freely use the photographs for marketing, commercial or other business purpose in any media or platform, whether or not in relation to your original Listing;
6B. Additional terms for Finders
6B.1 You may book a BizSpace on the Platform by following the booking process. All applicable fees, including deposit (if applicable) will be set out in the booking process. You agree to pay those fees in accordance with our Payment Terms.
6B.2 When we confirm to you that your booking has been accepted, you are entering into a legally-binding arrangement with the Lister and you agree to occupy the BizSpace on the terms set out by the Lister. We will collect payment from you in accordance with the Payment Terms.
6B.3 If you book a BizSpace for occupation by multiple people, you must ensure that each person is aware of and complies with this Agreement and any additional conditions set out by the Lister.
6B.4 You agree that your occupation of a BizSpace is by way of a licence granted to you by the Lister which entitles you to non-exclusive occupation of that space for the duration of your booking. During your occupation, the Lister may at any time re-enter the Space in accordance with your agreement with the Lister.
6B.5 You agree to leave the BizSpace at the end of your booking period at the time specified by the Lister in the Listing or as otherwise agreed between you and the Lister. If you continue occupy the BizSpace after that time, the Lister may require you to pay additional reasonable overstay charges in addition to exercising any other right it has at law.
6B.6 You may be required to rate certain aspects of your overall experience of the BizSpace, which rating will be prompted through the platform. If you do not participate in such rating when requested, SpareBizSpace reserves the right (without limiting any of SpareBizSpace’s other rights hereunder) to restrict your access to BizSpace. Additionally, if SpareBizSpace, or if other Finders or Listers, rate your usage of the BizSpace as being below a threshold acceptable to SpareBizSpace, in its sole discretion, then (without limiting any of SpareBizSpace’s other rights in this Agreement) SpareBizSpace may restrict your access to the platform or a BizSpace.
6C Booking Cancellations
6C.1 Booking cancellations will be dealt with in accordance with the SpareBizSpace Cancellation Policy.
7. Termination or suspension by us
7.1 Without limiting our other rights, we may immediately terminate this Agreement or suspend or temporarily remove your account or (if you are a Lister) any of your Listings if:
- you fail to pay any fees or charges due to us within 30 days after the due date;
- any of your warranties or representations required by clause 4 are incorrect;
- you are in material breach of your obligations under this Agreement (and, for these purposes, any breach of any obligation under clauses 6, 6A, 6B or 6C above will be regarded as material);
- you are in breach of this Agreement (whether or not the breach is material and you fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied);
- you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or — you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
7.2 In the event that we exercise our right to suspend or temporarily remove your Listings pursuant to clause 7.1 above, you will remain liable for all Product fees until the termination or expiration of this Agreement.
8. Termination by you
In addition to any rights of termination you may have under another clause of this Agreement, you may immediately terminate this Agreement if:
- we are in material breach of any of our obligations under this Agreement;
- we are in breach of any of our obligations under this Agreement (whether or not the breach is material) and fail to rectify the breach within seven (7) days of you giving us notice of the breach and requiring that it be remedied;
- we enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent;
- we are wound up or an application for winding up is filed; or
- we exercise our right to suspend or temporarily remove your Listings or your account under clause 7.1 for a period of 30 days or more.
9. Effect of termination or suspension
9.1 Termination of this Agreement or suspension or temporary removal of Listings pursuant to clause 7.1 does not:
- relieve you of your liability to pay any fees due pursuant to these Terms up to the effective time of termination (and these shall be a debt due by you and payable to us within 30 days of notice of termination);
- relieve either party of its accrued obligations and liabilities pursuant to this Agreement which may be enforced before or after termination; or
- waive any accrued rights in respect of any breach of this Agreement by either party.
9.2 We may decide, in our sole discretion, not to enter into a new agreement with you if you have previously terminated an Agreement or contract of any type with us.
10. Fees ad payment
10.1 The price of a BizSpace, and of any services provided by a Lister to a Finder, is set by the Lister and not by us.
10.2 We reserve the right to charge a booking fee to Listers based on a percentage amount of the total booking price of a BizSpace, which we will notify in writing to you. If we incur a third party cost to process a card payment or other transaction, we may charge a reasonable transaction fee. The Payment Terms set out details of how fees and payments are managed.
10.3 From time to time our fees may change. You will be notified 30 days in advance of any new fee or changes to an existing fee and may terminate prior to these changes taking effect if you consider these will cause you a material detriment. Any fee we charge you will be specified in your Order, together with the due date for payment.
10.4 Current and amended fees and charges will be made available to you through a channel notified to you for the applicable Product, such as our Platform, these terms and conditions, our tools or marketing materials.
10.5 At our discretion, we may send invoices to you by email or such other electronic method as we may notify to you. Upon request you will advise us an email address to which we may send your invoices. It is your responsibility to ensure that email address is accurate, up-to-date, functioning properly and regularly monitored by an authorised person on your behalf. It is also your responsibility to advise us of any changes to the email address to which invoices should be sent. If an email address notified by you ceases to function properly or otherwise should be amended, you will promptly provide an alternate email address for the purpose of receiving invoices. Invoices are deemed to be received by you on the day immediately following the date shown by our email system as the sent date. Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoices.
10.6 You will pay all taxes, duties and other government charges payable in connection with this Agreement, your BizSpace or any booking of a BizSpace, whether applying as at the date of this Agreement or in the future including, without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on your income.
10.7 Tax regulations may require us to collect certain information from you, or withhold taxes from any payment we process. If you fail to provide us with the documentation that we reasonably determine is necessary to fulfil our obligation to withhold tax, we reserve the right to freeze payouts or withhold amounts as required by law until we receive correct documentation.
11.1 You acknowledge and agree that we may at any time obtain a consumer report on you from a consumer reporting agency. If we do obtain a report, we will use it in accordance with applicable laws.
12. Limitation of liability and indemnity
12.1 To the maximum extent permitted by law, you acknowledge and agree that the risk arising out of your use of a BizSpace, provision of services as a Lister, interaction with other Listers or Finders, or booking and occupation of a BizSpace, remains with you. Subject to clause 12.4 below, to the extent permitted under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or any other applicable law, each party to this Agreement excludes liability for consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits.
12.2 If we choose to conduct identity verification or background checks on any Lister or Finder, to the extent permitted by applicable law, we do not warrant that such checks will identify prior misconduct by a Lister or Finder or guarantee that they will not engage in misconduct in the future.
12.3 Neither party will be liable under this Agreement to the extent that liability is caused by:
- the other party’s breach of its obligations under this Agreement or its negligent act or omission; or
- any delay in performance or breach of this Agreement which arises as a result of any matter beyond its control including, in our case, viruses, other defects or failure of the server hosting the Platform.
12.4 You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by any person against those indemnified in connection with any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the Platform, occupation or management of a BizSpace, or our other services.
12.5 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
12.A Disputes and complaints
12A.1 Disputes in relation to the legally-binding agreement between a Lister and Finder will be dealt with by the parties in accordance with the terms of that agreement. You must seek to resolve any dispute in relation to the occupation of a BizSpace with the relevant Lister or Finder (as the case may be) before lodging a dispute with us.
12A.2 Disputes arising in relation to a party’s obligations under this Agreement (including cancellations or modifications of bookings) will be dealt with in accordance with this clause 12A.
12A.3 You may lodge a dispute with us at any time up to the date that is seven clear days after the end of the booking.
12A.4 If a dispute affecting you is lodged with us, we will notify you in writing and you must cooperate as reasonably requested by us to resolve the dispute. We will determine the dispute promptly and acting reasonably, including if necessary determining what payment (if any) should be refunded to a Finder or Lister. You agree to comply with any direction made by us in relation to this determination.
13.1 You must not assign this Agreement without our prior written consent, which will not be unreasonably withheld.
13.2 We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
14.1 We will send all notices and other communications to you at the email address you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address.
14.2 All notices from you to us (including termination notices) must be sent:
- by email to firstname.lastname@example.org
These contact details may be amended from time to time. It is your responsibility to check these General Terms for the current contact details.
15. General provisions relating to rights and remedies
15.1 No delay or failure by either party to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by either party will be effective unless it is in writing and signed.
15.2 If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.
15.3 Each party’s rights and remedies provided in this Agreement are in addition to other rights and remedies given by law and equity independently of this Agreement.
16. Governing Law
16.1 The laws of Queensland, Australia govern this Agreement.
16.2 Each party submits to the exclusive jurisdiction of the Courts of Queensland, Australia and waives any right to object to an action being brought in the Courts of Queensland (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
17. Special Terms applying to Display Advertising
17.1 We reserve the right to set eligibility criteria for Display Advertising Products and cannot guarantee eligibility to any advertiser.
17.2 The purchase of any Display Advertising Product does not automatically confer any right of first refusal for further use of the Display Advertising Product beyond the term set out in your Order.
17.3 Images in Display Advertising Products must comply with our reasonable direction from time to time.
17.4 Unless otherwise specified, you may request to provide your own creative for Display Advertising Products. Any creative provided under this clause is subject to our approval, compliance with our Acceptable Use Policy and must be provided to us in the form, quality and specifications required at least five (5) working days before the scheduled start date of the Display Advertising Products (as set out in your Order or notified to you). If we provide creative for your Display Advertising Product, our third party creative builder may contact you in relation to the creative and you consent to the provision of your personal information for this purpose.
17.5 You may not cancel or modify an Order for a Display Advertising Product once it has been submitted.
Part B: SpareBizSpace payment terms
These terms and conditions (Payment Terms) apply to payment services conducted in relation to the platform. These Payment Terms apply to you in addition to the SpareBizSpace Terms and Conditions and form part of your Agreement with us.
Defined terms used in these Payment Terms have the same meaning as set out in the SpareBizSpace Terms and Conditions
1. Scope of services
1.1 We provide payment services to platform users, including payment collection services, payments and payouts, in connection with and through the platform.
1.2 Payment services that are provided to you on the platform are supplied by a third party, Stripe Payments Australia Pty Ltd (Payment Provider), who engages with third party financial institutions to provide these payment services. Services provided by any third party may be subject to that third party’s terms and conditions and privacy practices and you should review these independently. We will comply with our Agreement with you, but we are not responsible for the actions or omissions of any third party service.
1.3 In using our payment services you agree to comply with all relevant laws applicable to you and your BizSpace.
2. Modification of Payment Terms
2.1 We may modify these Payment Terms at any time, provided that if the variation would result in a material change to either party’s rights or obligations and, for that reason, may cause you material detriment, we will give you at least 30 days’ written notice via email before the variation is to take effect and you may terminate this Agreement during this period if you reasonably consider that the variation will cause you material detriment. For variations that do not result in a material change to either party’s rights or obligations or would not cause you material detriment, we will give you at least 30 days’ written notice via the platform before the variation is to take effect and you may not terminate this Agreement during this period.
3. Requirements to use payment services
3.1 To access the payment services you must hold a current and valid account on the platform, and register valid credit card or other payment system details with us.
3.1 By using the payment services you represent and warrant that you are at least 18 years old and able to enter into legally binding agreements.
3.2 You must provide to us any information we request in order to verify your identity, or prevent fraud or misuse of the platform, or comply with any laws (including those relating to anti-money laundering). You authorise us to disclose this information to the Payment Provider for the same purpose. We reserve the right to close, suspend, or limit access to payment services in the event we are unable to obtain or verify any information requested by us.
3.3 You may authorise another person to use your account in accordance with the platform Terms and Conditions. You are responsible for any payments made by any person using your account on your behalf.
3.4 It is your responsibility to keep your payment details (as required by us or a third party provider) accurate and up to date on the platform at all times. We are not responsible for any loss incurred by you as a result of your failure to comply with this requirement.
3.5 We are not responsible for any additional fees or charges imposed on you by third parties in processing payments to or from your nominated account.
3.6 You authorise us and/or the Payment Provider to act as your agent in respect of payments made to or by you as a result of your use of the platform. You authorise the Payment Provider to store your credit card and/or other payment system details and use them in accordance with these Payment Terms.
4. Additional terms of Listers
4.1 We will collect the total fees for a booking from a Finder at the time that the Finder’s booking request is confirmed on the Platform.
4.2 In order to receive payment in respect of a booking, you must have a valid account with a financial institution linked to your SpareBizSpace account.
4.3 The amount you receive for a booking will be the price you set in your Listing less our booking fee and any applicable taxes and charges (including any charges which may be imposed by your financial institution). The booking fee will be a percentage amount of the total booking price for the BizSpace as notified to you in writing from time to time.
4.4 In the event that a refund is due to a Finder in accordance with the SpareBizSpace Terms and Conditions, you authorise the Payment Provider to deduct the amount of the refund and any applicable service fee from the next payment made to you, and/or charge your credit card for the amount owed, and/or take other action to collect payment in accordance with relevant laws. You may also be charged fees in addition to these amounts that reflect the cost of collection or are other third party charges.
4.5 In the event that a booking refund is due to you in accordance with the SpareBizSpace Terms and Conditions, the Payment Provider will deduct from the amount refunded to you any third party transaction costs (including fees imposed by the Payment Provider for the booking and refund). You may also be charged fees by your own financial institution.
5. Additional terms of Finders
5.1 When you request to book a BizSpace, you authorise the Payment Provider to send a pre-authorisation request to your card issuer for the amount of your booking. Your card issuer will place a hold on the funds until your booking request is either accepted or rejected by the Lister.
5.2 You authorise the Payment Provider to charge your credit card or other valid payment system the total fees for any booking you request (including any security deposit required by the Lister and any applicable taxes and charges required by law). The Payment Provider will collect fees from you when your booking request is confirmed on the Platform or as soon as possible after that time. We will send you a confirmation email when the payment transaction for your requested booking is complete.
5.3 If you cancel or modify your booking in accordance with the SpareBizSpace Terms and Conditions, any refund due to you will be paid to your nominated credit card. You authorise the Payment Provider to charge your nominated credit card in respect of any additional amounts due by you as a result of modifying your booking.
5.4 If you occupy a Space beyond your booking period, you authorise the Payment Provider to charge your nominated credit card for the amount of reasonable overstay charges, which will reflect the price of the Space, the length of the overstay and any administrative or other costs incurred by us or the Lister. We will determine the amount of these overstay charges.
5.5 If you damage a Space, and either you agree that you are responsible for the damage, or we determine, acting reasonably, that you are responsible for the damage, you authorise the Payment Provider to charge your nominated credit card for the amount of any security deposit. This is in addition to any other rights the Lister has against you at law and any other action we may take in accordance with our Agreement with you.
5.6 If payment due by you in accordance with these Terms cannot be collected from you, we may take lawful action to recover amounts owed by you, including to recover the costs of collection.
6. Appointment of SpareBizSpace as payment collection agent
6.1 If you are a Lister, you appoint us (and the Payment Provider, acting on our behalf) as your payment collection agent for the purpose of accepting funds on your behalf for services performed by you. You agree that a payment made through the platform by a Finder will be considered the same as a payment made directly to you, and you will provide services to the Finder as if you had received payment directly from the Finder. You agree that our obligation to transfer payment to you is conditional upon receipt of the associated payment from the Finder.
6.2 If you are a Finder, you agree that our appointment as a payment collection agent for a Lister does not in any way make us liable for the acts or omissions of a Lister.
6.3 If you are a Lister, you may also appoint us as your agent for the purposes of raising tax invoices in relation to bookings of your BizSpaces, made through the platform. If we act as your agent for invoicing purposes, you agree not to raise separate tax invoices in respect of bookings made through the platform.
7.1 You authorise the Payment Provider to collect from you any taxes payable by you as a result of your booking or provision of services. Where taxes are collected on your behalf, these will be set out in the transaction documents we provide to you. You release and indemnify us in respect of any claim, liability or loss relating to any tax applicable to you as a result of your occupation of a BizSpace of provision of services in relation to a BizSpace.
8. Closing your account
8.1 If your Agreement with us terminates, or you elect to close your account with us, and you are a Lister, we will provide a full refund to any Finders with confirmed bookings with you, and you authorise the Payment Provider to recover these amounts from you.
8.2 If your Agreement with us terminates, or you elect to close your account with us, and you are a Finder, we will initiate a refund of any confirmed future bookings made by you to the extent permitted in the SpareBizSpace Terms and Conditions. You authorise the Payment Provider to deduct from this refund any reasonable costs incurred by us or the Lister and any third party charges.
8.3 If your Agreement has been terminated by us, you may not register a new SpareBizSpace account or attempt to access and use the payment services through another existing SpareBizSpace account.
This policy sets out the rules for booking cancellations and modifications by Finders and Listers.
1. Cancellations by a Finder
1.1. A Finder may cancel a booking, for any reason, up to two clear business days before the booking start time and will receive a full refund, less any transaction charges imposed by a third party (e.g. their bank).
1.2. If a Finder cancels a booking after this time, they will not receive any refund.
1.3. A Finder may request a cancellation by contacting the SpareBizSpace support team at email@example.com We will respond to advise the Finder that their request has been received.
1.4. On receiving a cancellation request from a Finder, we will inform the Lister by email and/or phone.
1.5. Where a Finder is entitled to a refund, we will process the refund within five business days in accordance with the Payment Terms.
2. Cancellations by a Lister
2.1. If a booking made by a Finder cannot be honoured by a Lister, the Lister must make all reasonable efforts to offer an alternative BizSpace to the Finder on equal or better terms than the original booking. The Lister must communicate this offer to the Finder a reasonable period before commencement of the original booking. If the Lister cannot offer an alternative space, the Lister must cancel the booking in accordance with this policy.
2.2. A Lister may request a cancellation by contacting the SpareBizSpace support team at firstname.lastname@example.org. The Lister must provide a reason for the cancellation. We will respond within one business day to advise the Lister that their request has been received.
2.3. On receiving a request for cancellation from a Lister, we will inform the Finder by email and/or phone.
2.4. In the event that a Lister requests to cancel a booking, the full amount of the booking will be refunded to the Finder, within five business days. The refund may be subject to transaction charges imposed by a third party (e.g. their bank).
2.5. We may also:
2.5.1. impose a reasonable service fee on the Lister that reflects the amount of the booking fee due to us had the booking not been cancelled; and/or
2.5.2. take other reasonable action in respect of a Lister, such as suspending or terminating the Lister’s account in accordance with the SpareBizSpace Terms and Conditions.
2.6. We will take into account the reasons for the cancellation, and any other relevant behaviour of the Lister, when determining appropriate reasonable action. ‘Other relevant behaviour’ includes, for example, the number of times the Lister has made cancellations or modifications in the past, whether the cancellation or modification was reasonably avoidable, and any other dispute or disciplinary issue involving the parties.
3.1. In certain circumstances we may, in our discretion and acting reasonably, cancel a booking and make decisions in relation to refunding payments. We will do this where we reasonably believe it is necessary to avoid harm to a person or property, uphold the quality and reputation of the Platform or otherwise in accordance with the SpareBizSpaceTerms and Conditions. Where we do this, we will inform the parties by email and/or phone.
3.2. A ‘clear business day’ for the purposes of this policy means a calendar day starting at midnight in the morning of a day that is Monday-Friday and not recognised as a public holiday in the state of the booked space. For bookings shorter than one day, the first clear business day is the day before the start time of the booking.
3.3. Any dispute with respect to a booking modification or cancellation will be dealt with in accordance with the disputes process set out in the SpareBizSpaceTerms and Conditions.