Rubberdesk Terms of Use

Terms of Use of the Rubberdesk Website

Please read the following legal information carefully.

These Terms of Use govern your use of the Website and the services offered by us.

By using the Site, you agree to these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Site.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these Terms of Use, you warrant and represent that you are at least 18 years of age.

Our website uses cookies as described in our Privacy Policy. By using our website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with our Terms of Use and Privacy Policy, available on the Site.

Version 4.0
Last updated 21st March 2019

Definitions

• Booking: means the agreed licence of a Space between Host and Guest.
• Booking Amount: means the value paid by the Guest for licensed Space.
• Facilities: mean all services which are described in the Listing, as being available for use by the Guest.
• Fees: mean the Rubberdesk charges for use of the Service.
• Guest: means a Guest Referral who enters into a Licence Agreement for the Space with the Host.
• Guest Referral: means Guests, persons or corporations whose details Rubberdesk has sent to the Host by email and who Rubberdesk believes are interested in licensing Space from the Host.
• Host: means the Principal to the Host Membership Agreement.
• Licence Agreement: means any agreement between Host and Guest in relation to the Space.
• Licence Rate: means the rate used to calculate the Booking Amount and shown on the Listing or provided to the Guest by the Host.
• Listing: means the description of the Space in the form of a webpage on the Site.
• Service: means all the functions performed by Rubberdesk as a platform to connect Hosts and Guests and facilitate the Booking of Spaces.
• Space: means the area to be licensed by the Host.
• Standard Booking Amount: means the Booking Amount without deductions, incentives, offers or rebates offered by the Host to the Guest for the licensed use of the Space.
• User: means anyone using the Site.
• We, Our & Us: mean Rubberdesk Pty Ltd.
• Website & Site: mean the website www.rubberdesk.com.au and alternative domain extensions to www.rubberdesk.

About Rubberdesk

Rubberdesk is an online platform where businesses can share work space, typically but not exclusively by the month.

Rubberdesk is a self-service platform, where Hosts list Space available to be licensed by Guests. Guests can locate Space fulfilling their needs. Hosts and Guests can discuss licensed use of the Space, and, complete their sharing objectives together.

Rubberdesk operates the online marketplace and does not act as an agent of any User. Rubberdesk is remunerated as described in the Fee Schedule in the Host Membership Agreement available on the Site, and by providing Hosts with Guest Referrals.

The Site and associated Services is operated by Rubberdesk Pty Ltd, a proprietary company with Australian Company Number 163 716 247.

Contacting Rubberdesk

By email: clientservices@rubberdesk.com

By phone: +61 1300 433 757

Our registered address is:
Rubberdesk Pty Ltd
Level 24/9 Castlereagh Street
Sydney, NSW, 2000
Australia.

Licence to Use the Site

Unless otherwise stated, we or our licensors own the intellectual property rights in the Site and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

Where materials on the Site have not been provided to the Site by yourself, you must not:

1. Republish material from the Site (including republication on another website);
2. Sell, rent or sub-license material from the Site;
3. Show any material from the Site in public;
4. Reproduce, duplicate, copy or otherwise exploit material on our Site for any commercial purpose;
5. Edit or otherwise modify any material on the Site; or
6. Redistribute material from the Site, except for content specifically and expressly made available for redistribution (such as listings provided to the Site by yourself).

Where content is specifically made available for redistribution, it may only be redistributed by the person who provided the content to the Website.

Acceptable Use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, other malicious computer software or offensive content.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.

Restricted Access

Access to certain areas of the Site is restricted. We reserve the right to restrict access to other areas of the Site, or indeed our whole Site, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the password is kept confidential.

You must notify us by email immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on the Site arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access the Site, unless you have that person's express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

User content

In these Terms of Use, "Your Content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these Terms of Use.

Your Content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Site, or stored on our servers, or hosted or published upon the Site.

Notwithstanding our rights under these Terms of Use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Site.

Limited warranties

We do not warrant the completeness or accuracy of the information published on the Site; nor do We commit to ensuring that the Site remains available or that the material on the Site is kept up to date.

We do not warrant the fitness for purpose or use of any document legal or otherwise published on the Site and you should seek appropriate professional advice before using the same and any use of the same by you is at your own risk.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Site and the use of the Site and any documents published on the Site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

When Booking Space through Rubberdesk, at the discretion of the Host, the offered short form licence agreement (The Licence) between the Host and Guest may be used. It is at the discretion of the Host as to use of the Licence, noting that the Host may well use an amended version of the Licence as no one standard agreement can cover all circumstances. We strongly encourage Hosts and Guests to consider independent legal advice before using or entering into any legal arrangement (including use of the Licence), as well as considering in full the particular circumstances of their proposed space sharing. Rubberdesk accepts no liability or responsibility as to the use of the Licence (as is, or amended) by either Host or Guest.

Limitations and Exclusions of Liability

Rubberdesk accepts no liability or responsibility as to the use of the Site.

Nothing in these Terms of Use will:

1. limit or exclude your liability for death or personal injury resulting from negligence;
2. limit or exclude your liability for fraud or fraudulent misrepresentation;
3. limit any of your liabilities in any way that is not permitted under applicable law; or
4. exclude any of your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use are subject to the preceding paragraph; and govern all liabilities arising under these Terms of Use or in relation to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of any statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

If any form of dispute arises between Guest and Host, You release Us (including employees, agents, and group companies) from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of These Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the website and/or contacting your internet service provider to request that they block your access to the Site.

Variation

We may revise these Terms of Use from time to time. Revised Terms of Use will apply to the use of our website from the date of publication of the revised Terms of Use on the Site.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These Terms of Use are for the benefit of you and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

Entire Agreement

Subject to the first paragraph of Section "Limitations and exclusions of liability", these Terms of Use, together with Our Privacy Policy and Host Membership Agreement, constitute the entire agreement between you and Us in relation to your use of our website and supersede all previous agreements in respect of your use of the Site.

Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Copyright

Materials on the Site are copyright. We grant permission to download copyright material only for private and non-commercial purposes, apart from fair dealing permitted by the Copyright Act 1968.

We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to:

1. View this website and the material on this website on a computer or mobile device via a web browser;
2. Copy and store this website and the material on this website in your web browser cache memory; and
3. Print pages from this website for your own personal and non-commercial use.

We do not grant you any other rights in relation to the Site or the material on the Site. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public the Site or the material on the Site (in any form or media) without our prior written permission.

Data mining, (the automated and/or systematic collection of data) from the Site is prohibited.

Hyperlinks

We welcome links to the Site.

Links pointing to the Site should not be misleading.

Appropriate link text should always be used in links pointing to the Site.

The Site includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

You agree that, should we request the deletion of a link to the Site that is within your control, you will delete the link promptly.

If you would like us to remove a link to your website that is included on the Site, please contact us using the contact details above. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Membership

Access to certain areas of our website is restricted and governed by the Host Membership Agreement available on the Site. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

We will not file a copy of these Terms of Use specifically in relation to each user of the site and, if we update these Terms of Use, the version to which you originally agreed will no longer be available on the Site. For this reason, we recommend that you print and file a copy of these Terms of Use for future reference.

These Terms of Use are provided in the English language only.