Terms of service

AIR OFFICE PTY LIMITED (ACN 151 818 067) (“Air Office”, “we”, “us” or “our”) provides an online platform that connects office Proprietors who have office space to rent, sub-lease or share with Tenants seeking office space accessible at airoffice.com, airoffice.com.au and other webSites (collectively, the “Site”) and as an Application for mobile devices (the “Application”) (collectively, the “Services”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”).

Definitions

• “Air Office Content” means all Content available through the Services excluding Member Content.
• “Collective Content” means Member Content and Air Office Content.
• “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
• “Office” means either a Serviced Office or Shared Office made available to rent, sub-lease or share by a Proprietor.
• “Office Fees” means the fees charged by the Proprietor to the Tenant for use of the Office.
• “Proprietor” means a Member who creates a Listing via the Services.
• “Listing” means a Serviced Office or Shared Office that is listed by a Proprietor as available for rent, sub-lease or sharing through the Services.
• “Member” means a person who completes Air Office’s account registration process, including, but not limited to Proprietors and Tenants, 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 Services.
• “Serviced Office” means a serviced office made available for rent by a professional serviced office Proprietor.
• “Shared Office” means office space that is made available for sharing by a Proprietor who is not a professional serviced office operator.
• “Tax” means any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
• “Tenant” means a user who requests a booking of an Office via the Services, or a Member who stays at an Office and is not the Proprietor for such Office.
• Office Listings

As a Proprietor Member, you may create Listings. You acknowledge and agree that you are solely responsible for any and all Listings you post.

You represent and warrant that any Listing you post and the booking of, or Tenant stay at, an Office 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 Listing you post, including, but not limited to, zoning laws and laws governing rentals of commercial and other properties and (b) not conflict with the rights of third parties.

If you are a Proprietor, Air Office makes certain tools available to you to help you to make informed decisions about which Tenant you choose for your Office. You acknowledge and agree that, as a Proprietor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who rent, sublease, share at or are otherwise present at the Office at your request or invitation, excluding the Tenant (and any individuals the Tenant invites to the Office, if applicable.)

FEES

Air Office Fee
Proprietors will pay Air Office a fee (“Air Office Fee”) agreed during the "List My Office" process. Where applicable, Taxes may be charged in addition to the Office Fees.

Virtual Offices
Service Fee is the fee charged to the Proprietor based upon a percentage of the amount of the Office Fees (“Proprietor Fees”). Where applicable, Taxes may also be charged in addition to the Proprietor Fees. Proprietor Fees are deducted from the Office Fees before remitting the Office Fees to the Proprietor, within 24 hours of when the Tenant arrives at the applicable Office. Tenant Fees are, as noted above, included in the Air Office Fees.

Payment
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Air Office or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.

You also authorize Air Office to charge your credit card in the event of damage caused at an Office as contemplated under “Damage to Offices” below and for Security Deposits, if applicable.

If you are directed to Air Office’s third party payment processor, 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.

In some instances, Tenants may be required to make recurring, incremental payments toward the Air Office Fees owed for a confirmed booking before beginning his or her stay at the applicable Office (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Services, if applicable. If Recurring Payments apply to your payment obligations for Air Office Fees owed for a confirmed booking, you authorize Air Office to collect the Air Office Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Services.

Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Air Office cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Proprietor is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Proprietor, Air Office may issue a valid VAT invoice to such Proprietor.

Damage to Offices
As a Tenant, you are responsible for leaving the Office in the condition is original condition excluding fair wear and tear. You acknowledge and agree that, as a Tenant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Office.

CONDUCT
In connection with your use of our Services, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Air Office Tenant or Proprietor;
• offer, as a Proprietor, any Offices that you do not yourself own or have permission to rent as a commercial or other property (without limiting the foregoing, you will not list Offices as a Proprietor if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Proprietor, any Office that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register for more than one Air Office Account or register for an Air Office Account on behalf of an individual other than yourself;
• contact a Proprietor for any purpose other than asking a question related to a booking, such Proprietor’s Offices or Listings;
• contact a Tenant for any purpose other than asking a question related to a booking or such Tenant’s use of the Services;
• when acting as a Tenant or otherwise, recruit or otherwise solicit any Proprietor or other Member to join third party services or webSites that are competitive to Air Office, without Air Office’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Services;
• use the Services to find a Proprietor or Tenant and then complete a booking of an Office transaction independent of the Services in order to circumvent the obligation to pay any fees related to Air Office’s provision of the Services;
• as a Proprietor, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Services, Site or Application, or any individual element within the Site, Services, or Application, Air Office’s name, any Air Office trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Air Office’s express written consent;
• access, tamper with, or use non-public areas of the Site or Application, Air Office’s computer systems, or the technical delivery systems of Air Office’s providers;
• attempt to probe, scan, or test the vulnerability of any Air Office system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Air Office or any of Air Office’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Air Office will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Air Office may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Air Office has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Air Office reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Air Office, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Air Office Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Air Office grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Air Office Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Air Office or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Air Office a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Services. Air Office does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services.

Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Air Office the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Air Office’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Air Office Account. In the event Air Office terminates these Terms, or your access to our Services or deactivates or cancels your Air Office Account you will remain liable for all amounts due.

Account Cancellation
Members may cancel your Air Office Account at any time via the “Cancel Account” feature of the Services or by sending an email to help@airoffice.com.

Disclaimers
You understand and agree that Air Office is not a party to any agreements entered into between Proprietors and Tenants, nor is Air Office a real estate broker, agent or insurer. Air Office has no control over the conduct of Proprietors, Tenants and other users of the Services or any Offices, and disclaims all liability in this regard.

The Services are intended to be used to facilitate the booking of Offices. Air Office cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Offices. Air Office is not responsible for and disclaims any and all liability related to any and all Listings and Offices. Accordingly, any bookings will be made at the Tenant’s own risk.

If you choose to use the Services, you do so at your sole risk. You acknowledge and agree that Air Office does not conduct background checks on any member, including, but not limited to, Tenants and Proprietors. The Services are provided “as is”, without warranty of any kind.

Without limiting the foregoing, Air Office explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Air Office makes no warranty that the Services, collective content, including, but not limited to, the listings or any offices, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Air Office makes no warranty regarding the quality of any listings, offices, your accrual of Air Office travel credits, the Services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Services or referral program.

No advice or information, whether oral or written, obtained from Air Office or through the Services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Proprietors or Tenants.

You understand that Air Office does not make any attempt to verify the statements of users of the Services or to review or visit any Offices. Air Office makes no representations or warranties as to the conduct of Members or users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, Tenants and Proprietors, particularly if you decide to meet offline or in person.

Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and your Listing or booking of any offices via the Services remains with you. Air Office nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Services from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or your participation in the referral program or from your listing or booking of any office via the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Air Office has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to pay amounts to applicable Proprietors pursuant to an approved payment request under the Air Office Proprietor guarantee, in no event will Air Office’s aggregate liability arising out of or in connection with these terms and your use of the Services including, but not limited to, from your Listing or booking of any Office via the Services, or from the use of or inability to use the Services and in connection with any Office or interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Proprietor, the amounts paid by Air Office to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable.

Indemnification
You agree to release, defend, indemnify, and hold Air Office and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or your breach of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Office, (iii) creation of a Listing or (iv) the use, condition or rental of an Office by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Office and (d) your participation in the Referral Program or your accrual of any Air Office Travel Credits.

Privacy
See Air Office’s Privacy Policy for information and notices concerning Air Office’s collection and use of your personal information.

General
Air Office may modify the Services or to these Terms at any time and without prior notice.
Information on the Site about how Services operate form part of these Terms.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Air Office (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.