Terms for www.wedshed.com.au

This agreement is between you, the user and/or visitor to the website (whom we refer to as “you”, “your” in this document) and WedShed ABN 91 604 674 964 (we refer to ourselves as “us”/“we”/“our” in this document). By accessing and using this website you agree to be bound by these terms and conditions (Terms) which may be varied by us from time to time and whether or not you have registered with the site.

TERMS OF SERVICE

WedShed is an online platform which connects vendors (suppliers), property owners and venues managers with users looking to rent a space or use a service. The Site (wedshed.com.au) can be used to facilitate the listing and booking of Spaces, including but not limited to houses, apartments, buildings, private properties, sheds, warehouses, function centres, restaurants, wineries, estates, farms, rooftops and/or other properties and/or it’s immediate surroundings for the use of an event. Such Spaces are included in Listings on the Site and Services by Owners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to make enquiry we take personal information limited to Name, address (suburb only), age, registered email. To make a booking the information is extended to include phone number and full address. For Venue owners to create a Listing, you must first register to create a WedShed Account.

Services are accessible at www.wedshed.com.au and any other websites through which WedShed makes their services available. By using the Site, you agree to comply with and be legally bound by the terms and conditions, whether or not you become a registered Member. WedShed reserves all rights in respect of access to and use of the Site, Services and all Collective Content. Please also read our Privacy Policy carefully www.wedshed.com.au/~wedshedc/privacy-policy/. Failure to use the Site in accordance with these Terms may subject you to civil and/or criminal proceedings and/or penalties.

1. DEFINITIONS

In these Terms, unless the context otherwise requires:

Account means an account created by us which may be accessible via the Website and through which a User (venue manager or property owner) may use to update information.

Account Password means a form of letters, numerals and/or symbols which is issued or approved by us in relation to an Account and which may be used to access and operate upon an Account;

Booking Enquiry(s) means an enquiry made by a User via the Website concerning the Merchant, the Venue Spaces, Vendors or the Merchant Services;

Booking Request Period means the time period starting from the time when a booking is requested by a user, within which a venue property owner or venue manager may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

Collective Content means Member Content and WedShed Content.

Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Guest means a user who requests from a venue manager or property owner a booking or enquiry via the Site, Application or Services.

Property Owner means a Member who has a Listing via the Site, Application and Services.

Listing means an space that is listed by a owner or venue manager via the Site, Application, and Services.

Member means a person who completes WedShed’s account registration process, including but not limited to owner or venue manager and Guests, as described under “Account Registration” below.

Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

Privacy Policy means our privacy policy as amended by us from time to time and which is accessible from the Website;

Their means either the Venue Manager, Vendor or Property Owner

Us / we / our / means WedShed its associated entities or permitted assigns of which we have provided you with notice by any means including via the Website;

User means a person in relation to user of Website and/or Booking Enquiry or actual Bookings;

Vendor any supplier that is listed or advertised on the site.

Venue means the venue spaces provided by the Venue manager or Property owner as part of the Venue Services;

Venue Manager means a Member who has a Listing via the Site, Application and Services.

Venue Services means the services provided by the Venue.

Website means the site(s) accessible at www.wedshed.com.au

WedShed Content means all Content that WedShed makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

You / yours means any natural person of at least 18 years of age who accesses the Website and may include, without limitation, a User.

2. USE OF WEBSITE AND ACCOUNT

2.1. You must use the Website and any Account we create for you only in accordance with the Terms. You use the Website and the Account at your sole risk. You are responsible for all activity on the Account or on the website.

2.2. You must not use the Website for any purpose other than that for which it is intended to be used by Users generally, or for any malicious purpose.

2.3. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.

2.4. You must not access, or attempt to access the Website or the Account from any place or in any circumstance where such access may be illegal.

3. CREATING AND USING AN ACCOUNT

3.1. All accounts set up are for the purpose of the venue manager or property owner to manage calendar, information relating to the venue and/or images.

3.2. In order for us to create an Account for you, you must be listed as a WedShed venue.

3.3. If you know or suspect of any unauthorised use of your Account, you must request cancellation or disablement of the Account as soon as possible.

3.4. You may request us to terminate or disable your Account at any time.

3.5. We may suspend, terminate or disable, an Account or block access to the Website for any reason from time to time. We do not warrant that either or both the Account or the Website will be available at any particular time.

3.6. We may send, whether electronically or otherwise, administrative and promotional materials to you from time to time, unless you opt out of receiving such materials from us via the Website.

3.7. Unless compelled to do so by law, or in accordance with the Terms, we will not disclose any personal information you provide to us otherwise than in accordance with our Privacy Policy which is accessible on the website.

4. BOOKING ENQUIRY AND BOOKINGS

4.1. We operate the Website on which the Vendor Services and Venue Spaces are listed and promoted. We act as agent for the Vendor and Venue Spaces. We do not charge you for your use of the Website, but we may receive payment from the Vendor’s and venue owners for or in respect of the listing.

4.2. Without limitation of any other right we may have, we reserve the right to remove from the Website any listing of a Vendor or Venue Space.

4.3. Subject to this clause, you may make a Booking Enquiry of a Venue via the Website. We reserve the right to refuse a Booking Enquiry for any reason.

4.4. In order to make a Booking Enquiry, you may be required to provide us with such personal information as we may require including your name, age, address (suburb only), and a valid email address.

4.5. A Booking Enquiry made, may result in the Venue or Vendor making an offer to you to provide Services, including making available the Venue Space the offer.

4.6. Any offer made by a Venue or Vendor, in response to a Booking Enquiry, is made by the Venue Manager, Vendor or Property Owner to their Terms unless otherwise stated. If you accept an offer by a Venue Manager, Vendor or Property Owner in respect of their Services, including the making available of the Venue Spaces, or the Vendor’s time, you will enter into a contract directly with the Venue Manager, Vendor or Property Owner and will be bound by their Terms.

4.7. We may, as agent for the Venue or Vendor, correspond with you concerning their Services, including but not limited to the making of offer(s) to provide you with Venue or Vendor services or Venue Spaces, confirmation of bookings for Venue or Vendor Services and Venue Spaces, and invoicing the Fees.

In order for users to make a Booking with a venue, we may require them to register details including, such personal information as name, address, phone number, age and a valid email address.

5. VENUE SPACES & SERVICES

5.1. You agree and acknowledge that the venue (Venue manager or property owner) is and remains wholly and solely responsible for making available the Venue Spaces and providing the venue Services, and we do not assume any responsibility or liability in this regard.

5.2 You acknowledge and agree that you are responsible for the content provided to us that represents your listing, maintenance and updating of any and all Listings posted. Accordingly, you represent and warrant that any Listing posted and the booking of, or a Renter’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Space included in a Listing posted (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. WedShed assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. WedShed reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that WedShed, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services, but shall not be liable for any consequences due to its failure to remove such access.

5.3. If you are an Venue Owner or a Venue Manager which represents as owner, you understand and agree that Wedshed does not act as an insurer or as your contracting agent and any booking requested or made using the Site or Services must not and cannot be construed as the creation of a contract between WedShed and the owner. Regulating the renting of and use of your Space in terms of an agreement, remains the responsibility of the Owner and WedShed shall not be party to thereto. Notwithstanding the foregoing, WedShed serves only as either the facilitator or as the limited authorised payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Renters of such amounts stipulated by the Owner (including fees and/or Taxes).

5.4.. We make no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Venue Services or Venue Spaces.

5.4. Any listing of a Venue Space or Venue Services appearing on the Website is intended to be indicative only and is subject to change without notice.

5.5. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by the Venue, we rely on the Venue to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the Venue.

5.6. The Venue provides the Venue Services and makes available the Venue Spaces pursuant to the Venue Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Venue Terms.

5.7. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Venue Terms.

5.7. WedShed does not take any responsibility and cannot be held accountable for use of images in a venue profile where there has not been authorisation from photographer. It is the sole responsibility of the Venue to provide images that have been approved from photographers.

6. VENDOR SERVICES

6.1. You agree and acknowledge that the Vendor (supplier) is and remains wholly and solely responsible for making available their time and providing the Vendor Services, and we do not assume any responsibility or liability in this regard.

6.2 You acknowledge and agree that you are responsible for the content provided to us that represents your listing, maintenance and updating of any and all Listings posted. Accordingly, you represent and warrant that any Listing posted and the booking of, or a Renter’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to your business included in a Listing posted (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. WedShed assumes no responsibility for the Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. WedShed reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that WedShed, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services, but shall not be liable for any consequences due to its failure to remove such access.

6.3. If you are a Vendor which represents as the owner, you understand and agree that Wedshed does not act as an insurer or as your agent and any booking requested or made using the Site or Services must not and cannot be construed as the creation of a contract between WedShed and the owner. Regulating the renting of and use of your services in terms of an agreement, remains the responsibility of the Owner and WedShed shall not be party to thereto. Notwithstanding the foregoing, WedShed serves only as either the facilitator.

6.4.. We make no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Services you provide.

6.4. Any listing of a Vendor Services appearing on the Website is intended to be indicative only and is subject to change without notice.

6.5. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by the Vendor, we rely on the Vendor to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the Vendor.

6.6. The Vendor provides the Vendor Services and makes available the Vendor time pursuant to the Vendor Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Vendor Terms.

6.7. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Vendor Terms.

7. LIMITATION OF LIABILITY

7.1. Subject to this clause 7, and to the extent permitted by law, we exclude all implied warranties and conditions which might otherwise apply to these Terms.

7.2. Subject to this clause 7, and to the extent permitted by law, we and our employees, contractors or agents accept no liability arising out of or in connection with the Website, the Terms, the Vendor, the Venue or the Venue Services, including the Venue Spaces, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of us, our employees, contractors or agents, in which case our liability, including liability for our failure to comply with a Guarantee, shall be limited to, as we determine:

7.2.1. the supply of the services pursuant to these Terms again; or

7.2.2. the payment of the cost of having the services pursuant to these Terms supplied again.

7.3. Nothing in this clause 7 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.

7.4. You indemnify us against any loss, damage or injury we incur or sustain as a direct or indirect result of breach of the Terms, Vendor Terms or Venue Terms by you.

8. FINANCIAL TERMS FOR EXCLUSIVE VENUE OWNERS OR VENUE MANAGERS

8.1. If you are an Venue Owner or Venue Manager and a booking is requested for your Space, you will be required to either confirm or reject the booking request. When a booking is requested, we will share with you (i) the first and last name, phone number and email of the Renter who has requested the booking. When you confirm a booking requested by a user, WedShed will send you an email confirming the booking.

8.2. WedShed will collect the deposit Fees at the time of booking confirmation which is 50% of the total hire fee (i.e. when the Owner confirms the booking request). Final fees will be collected 6 weeks prior to event date.

8.3. WedShed will initiate transfer of the collected hire fees to the owner within 24 hours of event date.

9. FINANCIAL TERMS FOR USERS

9.1. Venue Owners and/or Venue Managers are solely responsible for honoring any confirmed bookings and making available any Space reserved through the Site and Services. Users who choose to enter into a transaction with an Owner for the booking of a Space agree and understand that they may be required to enter into an agreement with the Owner.

9.2. Users will be solely responsible for performing the obligations in terms of any such agreements, that Wedshed is not a party to such agreements, and that, with the exception of its payment obligations hereunder, WedShed disclaims all liability arising from or related to any such agreements. Upon your payment of the Total Fees to WedShed, your payment obligation to the Owner for the Hire Fees is extinguished, and WedShed is responsible for remitting the Hire Fees to the Owner, failure of which, the Owner will have recourse only against WedShed and not the User.

9.3. The Total Fees payable will be displayed to a User before the User sends a booking request to an Owner. The Owner is required to confirm or reject the booking request, prior to WedShed requesting any fees from the User.

9.4. You as a User are liable to pay WedShed using of the methods sent to you for the Total Fees for any booking requested if such requested bookings are confirmed by the applicable Venue Owner or Venue Manager. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to WedShed or its third-party payment processor(s).

9.5. Please note that WedShed cannot control any fees that may be charged to a User by his or her bank related to WedShed’s collection of the Total Fees, and WedShed disclaims all liability in this regard. If you are directed to WedShed’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarising your confirmed booking.

9.6. Owners may choose to include security deposits in their Listings (“Security Deposits”), in which event WedShed will, in its capacity as the payment collection agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorisation of the Renter’s credit card in the amount the Owner determines for the Security Deposit at time of second deposit (6 weeks prior to event date). WedShed will also use its commercially reasonable efforts to address Owner’s requests and claims related to Security Deposits, but WedShed is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard. To establish a pre-authorisation for the applicable Owner’s confirmation of your requested booking, you understand and agree that WedShed, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one Australian dollar), to verify your credit card. Users duly authorise WedShed or the third party online payment processor, as the case may be, to charge your credit card for said fees and collect said fees without requiring additional or prior approval from you subsequent to your booking request.

10. CANCELLATION BY OWNER OR RENTER

10.1. If, as a Renter, you cancel your requested booking prior to event date at the Space, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Hire Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.

10.2. If an Owner cancels a confirmed booking made via the Site and Services, (i) WedShed will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the User will receive an email or other communication from WedShed containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay WedShed the Total Fees relating to the confirmed booking for the Space in the alternative Listing, in accordance with these Terms. If an Owner cancelled a confirmed booking and you, as a User, have not received an email or other communication from WedShed, please contact WedShed at https://www.wedshed.com.au/contact-us.

10.3. If, as an Owner, you cancel a confirmed booking, WedShed may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

11. GENERAL TERMS

11.1. As consideration for our promise to provide the Website and the services pursuant to these Terms, you promise to comply with these Terms, Vendor Terms and the Venue Terms, including with respect to the payment of the Venue Fees.

11.2. If any of these Terms are invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining Terms.

11.3. The Terms contain the entire agreement between us and you and are governed by the laws of Australia.

11.4. Your continued use of the Website or the Account indicates your acceptance of any amendment we make to these Terms from time to time.

11.5. The Website may contain links to other websites, content or resources not provided by us. We do not necessarily endorse, sponsor or approve of any such websites, content or resources and accept no responsibility for them.

11.6. We may vary the Terms at any time without notice.

11.7. Notwithstanding clause 3.7, if we determine to transfer, whether by sale or otherwise, any of the assets of the business through which we operate the Website or otherwise provide related services, or any interest we may have in any entity which carries on such business, we may assign all our right, title and interest in this agreement to the transferee which will include all details in relation to any you and the Account.

11.8. We reserve all our rights to the extent that they are not reserved by the Terms.

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