In these terms and conditions (also referred to as “Spaceble Terms”), “Operator”, "us", "we" or "our" means Franki Chamaki and Johnny Chamaki, trading name Chimpanzee Creations (ABN: 99 611 804 566) and Spaceble. It is important to us that you understand these terms and conditions, which relate to your use of www.spaceble.com or www.spaceble.com.au sites (referenced to as “Spaceble Sites”). If you have any questions, please contact us at contact@spaceble.com.au or via the contact us page. 

1. Agreement

1. By accessing and using the Spaceble Sites, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Spaceble Sites relating to your use of the Spaceble Sites
2. For the avoidance of doubt, these are the Terms as referred to in the “Spaceble Terms"
3. For the avoidance of doubt, these Spaceble Terms, and the Privacy Policy  are referred to as the “Agreement”
4. We may change the Spaceble Terms at any time. If we do, an amended version of the Spaceble Terms will be posted on the Spaceble Sites. You are responsible for ensuring that you regularly review the Spaceble Terms and your continued use of the Spaceble Sites after any changes are made to the Spaceble Terms will be deemed to constitute your acceptance of those changes. If at any time you find any of them unacceptable, in whole or in part, you must immediately cease all use of Spaceble Sites and take steps to cancel your registration as a Member
5. You acknowledge and accept that nothing in this Agreement shall be deemed to constitute, create, give effect to or otherwise recognise a partnership, agency or joint venture of any kind, or create a fiduciary relationship, between you and us.

2. Role of Spaceble

1. We provided Spaceble sites to enables Members to lease spare space for use by other Members in accordance with these Spaceble Terms and the Privacy Policy
2.  All Members acknowledge that we acts solely in the capacity of providing a medium to facilitate to find and connect members to allow such lease arrangements between Members and that we are not the owner of the relevant space or otherwise providing the space for lease via the Spaceble sites and takes no responsibility for the performance or breach of any lease arrangements entered into between Members.
3. All Members acknowledge that they have read and understood these Spaceble Terms and that a reference to any term or name not otherwise defined herein shall have the same meaning as found in Spaceble Terms.

3. Registration and membership

1. You must be at least 18 years old to become a member of the Spaceble Sites. You must not attempt to register if you are under 18 years old.
2. When registering as a member of a Spaceble Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Member Dashboard on the relevant Spaceble Sites.
3. All personal information you provide to us will be treated in accordance with our Privacy Policy
4. You agree that for you to access and use Spaceble, you must register as a Member by establishing an Account on the Spaceble Sites. By registering as a Member, and using Spaceble, you agree to abide by the terms and conditions of the Agreement.
5. You have read these Spaceble terms and the  Privacy Policy and understand and accept that they comprise a binding, legal agreement between you and the us and govern your use of Spaceble;
6.  All information you provide in establishing an Account or in updating your Account is accurate and complete and you must ensure that your Account is up-to-date at all times whilst you are a Member;
7. You must not register an Account in a name other than a name legally recognised as being your real name and you must not provide information which is not correct or is misleading or deceptive or which could otherwise prejudice us or another Member;
8. You will not adopt a Spaceble nickname that is offensive, obscene, defamatory or is otherwise determined, at the sole and absolute discretion of the us, to be unacceptable for use on the Spaceble Sites, and agree that we reserves the right to remove any such username, and to cancel your Account, in such circumstances, and you accept that you will be liable for any losses and damages suffered by us as a result of the use or display of any such username on the Spaceble sites;
9.  You assume full responsibility for maintaining the confidentiality of your Account name and password, and any other content you make available to the Spaceble Sites;
10. If you are registering an Account and intend to use Spaceble in the course of a business, you must do so in your own name and be personally liable for complying with the Agreement, and not as an officer, agent or other representative of another legal person or entity;
11.  We are not responsible for any losses you incur due to informational or technical errors in the registration process, and will not be liable for any loss or damage you incur as a result of an unauthorised person using your Account, including the use of any personal details you provide in the Account registration process;
12.  We reserves the right to edit or delete any material related or uploaded to your Account, without notice and liability to you, in the event that any such material, as determined by us in its sole and absolute discretion, violates the Agreement
13. You will be the only person who will use Spaceble using your Account, and that you will not allow any other person, whether or not acting under your instructions, to use your Account for any reason, and will actively takes steps to prevent any other person to do such, and that in the event any other person uses your Account, you are to be held responsible for any losses and damages caused as a result of that use;
14.  You will not use the Account of any other person for any purpose;
15. You will notify us immediately by email (contact@spaceble.com) if you become aware of any unauthorised use of your Account;
16. You will not use Spaceble for any purposes other than those clearly contemplated by us in accordance with the information on the Site;
17. You will keep confidential any information you obtain that relates to any other Member, including actual names and addresses of other Members, and will not publish or reproduce such information in any form, including without limitation on the Spaceble Sites, or on any external websites unaffiliated with us or in any print medium, without the prior written permission of the relevant Member and us;
18. You acknowledge that we have not and will not verify information provided by other Members on the Spaceble Site or in relation to transactions carried out by means of the Spaceble Site and that we do not guarantee that other Members will comply with the Agreement
19. You acknowledge that we are not liable for any breach of the Agreement by any other Member or otherwise in relation to any transaction carried out through Spaceble Sites; and
20. It is your responsibility to ensure your own compliance with all applicable laws when using Spaceble Sites, including any applicable tax laws in any jurisdiction and laws governing consumer transactions whether peculiar to a particular space or generally relating to transactions of the type you are engaged in as a result of using Spaceble, and we disclaims any responsibility and liability for this to the full extent permitted by law.

4. Limitation of liability and indemnity

1. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Spaceble Sites, or any other members' use of or conduct in connection with the Spaceble Sites, in any circumstance.
2. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
3.  We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
4. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Spaceble Sites, including any breach by you of the Spaceble Terms.
5. To the maximum extent permitted by law, we exclude all implied representations and warranties, which, but for the Spaceble Terms, might apply in relation to your use of the Spaceble Sites.
6. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Spaceble Sites purchased by you during the term of your membership.
7. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise

5. Use of the Spaceble Sites

1. You acknowledge that you use the Spaceble Sites at your own risk
2. You are solely responsible for all information that you submit to Spaceble Sites and any consequences that may result from your post.
3. You acknowledge and agree that you will not:
   1. violate any laws
   2. post any threatening, abusive, defamatory, obscene or indecent material;
   3. be false or misleading;
   4. infringe any third-party right;
   5. distribute or contain spam, chain letters, or pyramid schemes;
   6. distribute viruses or any other technologies that may harm Spaceble site or the interests or property of Spaceble members and users;
   7. impose an unreasonable load on our infrastructure or interfere with the proper working of Spaceble sites;
   8. copy, modify, or distribute any other person's content without their consent;
   9. use any robot spider, scraper or other automated means to access Spaceble site and collect content for any purpose without our express written permission
   10.  harvest or otherwise collect information about others, including email addresses, without their consent;
   11. bypass measures used to prevent or restrict access to Spaceble sites
4. In using Spaceble Sites, you irrevocably and unconditionally acknowledge and accept the following
   1. We make no warranties or representations as to the accuracy of the information of any kind displayed on the Spaceble Sites, including the general content, any member generated content or any other information which is available to anyone using the Spaceble Sites, and you bear all losses and damages suffered as a result of acting in reliance on that information
   2. We are not obliged to and make no undertaking whatsoever to check or otherwise verify that any information provided by any of its Members is not in breach of this Agreement or any other applicable law
   3. Using the Spaceble Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
   4. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in operating Spaceble Sites;
   5. Any violation of system or network security by you may subject you to civil and/or criminal liability;
   6. You agree you will not use or attempt to use Spaceble Sites for any activity that violates local, state or federal law, and that should you commit any acts or omissions that may result in attracting criminal penalties or civil liabilities, you hereby indemnify us to the full extent for any losses or damages suffered by it as a result of such acts and omissions;
   7. You agree that you will not use or attempt to use Spaceble Sites for advertising or promotional purposes related to any business you conduct commercially, nor shall you solicit, invite or accept any commercial offers made available via Spaceble Sites (other than Lease Requests made in accordance with the Agreement), and in the event you engage in such activities, we reserves the right to suspend or terminate your Account and use of Spaceble and Spaceble Sites;
   8. We have no control over and does not warrant the accuracy of any third party content (including without limitation of any of our partners, affiliates or sponsors), including websites that may be linked to or from Spaceble Sites and have no control over the content and performance of such third party sites;
   9. We makes no guarantees about the accuracy, currency, content or quality of the information provided by any such third party websites, and we assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites and accepts no liability for any such third party content;
   10. You bear any losses or damage however incurred in reliance on third party content on Spaceble Sites or available from Spaceble Sites and we shall not, to the maximum extent permitted by law, be liable in any circumstances for any loss or damage howsoever incurred by you, in relation to the use of Spaceble Sites;
   11. We makes no warranties or guarantees in relation to Spaceble Sites except as expressly provided in the Agreement and to the extent that any such warranties or guarantees are required to be implied by law;
   12. We provide Spaceble Sites on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, we expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the provision of the space via Spaceble Sites;
   13. To the maximum extent permitted by law, we do not warrant that Spaceble Sites will meet your requirements or that the use of Spaceble Sites will be uninterrupted or error-free, and you may not make any claim against us for losses or damages you suffer as a result;
   14. You assume the risk of any and all damage or loss from use of, or inability to use, Spaceble Sites, and we shall not, to the maximum extent permitted by law, be liable in any circumstances for any loss or damage howsoever incurred by you, in relation to the use of Spaceble Sites; and
   15. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of Spaceble Sites or any other materials or services provided to you by us or otherwise on or from Spaceble Sites and whether arising from breach of contract, tort or any other legal claim under any jurisdiction at law or in equity
5. You hereby indemnify and undertake to keep us and including co-founders, officers, directors, employees, consultants, agents and representatives fully and effectually indemnified from and against:
   1. Any and all third party claims, proceedings, losses, liability, damages and/or costs (including legal fees on an indemnity basis) arising from your access to or use of Spaceble Sites and/or your breach of any warranty, representation, term or condition of the Agreement; and
   2. Any and all claims, proceedings, losses, liability, damages and/or costs (including legal fees on an indemnity basis) from another user or Member of Spaceble Sites

6. Intellectual Property and Use Content

1. We own and retain all proprietary rights in and relating to the Spaceble Sites. Proprietary rights in and relating to the Spaceble Sites must not be used in any way without our prior written consent.
2. You warrant that any Content that you post or transmit on Spaceble Sites, or otherwise transmit to any other member of a Spaceble Sites by any other means, will not infringe the intellectual property rights of any third party.
3. Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content for any purpose. You warrant that you have the right to grant us such rights.
4. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on an Spaceble Sites, or otherwise transmitted to any member of a Spaceble Sites, other than their own content, without the express written permission of the relevant owner.
5. If you believe that any content has been posted or transmitted on an Spaceble Sites, or otherwise transmitted to any member of an Spaceble Sites by any other means, in violation of your rights, please send us an email via the contact us page.
6. You acknowledge that we reserves the right to suspend or terminate your Account, your use and access of Spaceble sites, free of compensation to you, should you breach the Agreement.

7. Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found at "Privacy Policy"

8. Insurance

You hold appropriate insurance, including comprehensive landlords' and public liability insurance (as appropriate).

9. Fees and Charges

You acknowledge that we shall have the right to impose or vary any fees or charges in relation to the use of Spaceble Sites and you shall be deemed to be on notice of and accept any notifications regarding such fees or charges.

10. Complaints Procedure

If you wish to lodge a complaint about any matter in relation to the use of Spaceble sites or the operation of your Account, you must provide full details of the complaint to us by email (contact@spaceble.com) and allow the us a reasonable amount of time to investigate the complaint before giving you a written response

11. Modifications

We may in its sole and absolute discretion and without prior notice, a) modify Spaceble Sites; or b) discontinue Spaceble sites at any time, in either case, without liability to you.

13.  PayPal use

1. PayPal service is provided by PayPal Australia Pty Limited (ABN 93 111 195 389) which holds an Australian Financial Services Licence;
2. We are not acting as your agent, is not providing personal financial advice to you and do not take your individual circumstances into

14. Withdrawal from the Site

1. If you wish to delete or hide your Account with Spaceble, you need to sign in to your Spaceble account and go to  ‘Member Dashboard’ click Edit Profile, and either click “Delete” or “Hide” and confirming such action.
2. Alternatively, you can email contact@spaceble.com with your details.

12. Definitions

To enable you to fully understand these Terms of Service, it is important that you are aware of the following defined terms:

1. MemberAccount: the account that a Space Owner or Renter establishes with the us when registering on the Spaceble Sites;
2. Bond: an amount (in Australian Dollars) determined by the Space Owner of the relevant space which can be claimed by the Spaceble Owner in accordance with these Spaceble Terms;
3. Space: the continuous area or expanse that is available, or unoccupied that is made available for leasing by the Space Owner on the Spaceble Site to other Members, subject to these Spaceble Terms;
4. Members: a person who has registered and maintained an Account on the Spaceble Site and who has not cancelled such registration or whose registration has not been suspended or cancelled by us
5. Messaging Service: the messaging service available on the Spaceble Site which enables communications between Members. This is found under "Member Dashboard"
6. Space Owner: a Member who lists one or more space on the Spaceble Site with the objective of leasing that space out through Spaceble;
7. Space Listing: the information published by the Space Owner on the Spaceble Site regarding space that is available for Lease including details of the Rental Fee and the Bond amount, the dates or times the space is available for lease;
8. Rental Fee: the fee (in Australian Dollars) charged by the Space Owner, and agreed to be paid by the Renter. This is found on each Space Listing
9. Rental Period: the period for which a Renter seeks to rent a space
10. Renter: a Member who wishes to rent space
11. Wanted listing: Listing by a member seeking space to lease out