Welcome! to the Zenue Website available at and under the domain name www.Zenue.co (�Website�) and such other or successor domain names as may be operated, acquired or used from time to time by Rapid Growth Group Pty Ltd ABN 29 162 688 039 (referenced as �Zenue�, �we� or �our� in this document).
Thanks for being interested in participating in the shared economy - where utilising resources efficiently and enabling ordinary individuals to exercise their unique business potential is encouraged! Of course, you of all people would understand that the use of any service comes with the three R�s: Rights, Responsibilities and Risks. Therefore you won�t mind us asking you to PLEASE read this entire document carefully.
This document contains the Zenue Terms of Service (�Terms�) which set forth the terms and conditions governing your use of our Website AND your access to and use of the information, content and services offered our Website (which, collectively with our Website constitute �the Services�). These Terms contain important information, including disclaimers and limitations of liability. See clause 13.1 for definitions of capitalised terms.
Zenue does not control the conduct of Hosts and disclaims all liability. Failure of Hosts to satisfy their responsibilities may result in suspension or removal from our Website. In particular Hosts should understand how laws work in their respective cities. Some laws, such as zoning laws or administrative regulations, may restrict the ability to offer properties for hire. Hosts may be required to register, obtain permits, or licences before listing a property for hire or accepting Guests. Non-Compliance with relevant laws may lead to fines or penalties. We highly recommend that Hosts review Local Laws before listing a Place on our Website.
Zenue provides an online platform that connects Hosts that own or are in legal possession of residential, commercial or other properties suitable for holding Events (�Places�) with Guests seeking such properties (collectively, the �Services�). These Services are accessible at our Website.
The Website provides an online Platform whereby Hosts may create Listings for Places and Guests may learn about and book Places directly through the Hosts.
Zenue IS NOT a party to any agreements between Hosts and Guests. We are not a real estate broker, agent or insurer. We DO NOT CONTROL your conduct or the conduct of Hosts, Guests and other Users of our Website and Services or any Places, and disclaim all liability in this regard to the maximum permitted by law.
ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
Attendee means any person(s) invited by Guests to a rented Place for the purpose of attending an Event;
Application means the Mobile and Android application which Zenue may create and make available to users as a further mode of access to our Services;
Booking Request Periodmeans the time period starting from the time when a booking is requested by a Guest (as determined by Zenue), within which a Host may decide to confirm or reject that request, as specified on our Website.;
Business Day means any day other than a Saturday, Sunday or public holiday in the relevant jurisdiction;
Collective Content means User Content and Zenue Content;
Content means text, graphics, images, music, software, audio, video, information or other materials;
Event means the circumstance for which a Place is rented and utilised by a Guest, including without limit: parties; weddings; wedding receptions; and other such gathering of peoples;
Feedback means any feedback, comments and suggestions for improvements to the Site, Application and Services communicated in any way via any avenue to Zenue by visitors or Users;
Guest means a User who requests from a Host a booking of a Place via the Website, or a User who uses a Place and is not the Host for such Place;
Host means a User who creates a Listing via the Website and Services;
Listing means a Place that is listed by a Host as available for rental via the Website;
Occupancy Taxes mean taxes that are generally required to be collected and remitted as a percentage of the rent of properties, a set amount per day, or other variations, and are sometimes called �occupancy taxes,� �hotel taxes,� �lodging taxes,� �transient taxes,� �sales and use taxes,� �value added taxes,� �room taxes� or �tourist taxes�;
User means a person who completes Zenue�s account registration process, including but not limited to Hosts and Guests, as described under �Account Registration� below.
User Account means the account created by visitors to our Website by entering the required information in the account registration section of our Website or by connecting a SNS account to our Services;
User Content means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or Services;
Zenue Content means all Content that Zenue makes available through our Website or Services, including any Content licensed from a third party, excluding User Content;
Services means all services provided by Zenue and our employees, and contractors in order to facilitate the connection of Users on our Website, including facilitating the Listing of Places by Hosts and booking of such places by Guests;
Service Partners means the third parties which Zenue partners with to provide our Services, including marketing entities to which Zenue may provide information for marketing purposes, and other third parties we may endorse or interact with in connection with any of our Services;
SNS means third-party Social Networking Sites including but not limited to facebook, instigram, twitter and other relevant SNS�s;
SNS Content means any content Users provide and store in their Third-Party Accounts;
Tax or Taxes mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention centre fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Tax Authority means the relevant tax collecting agency in the applicable jurisdiction, in Australia this means the Australian Tax Office (ATO) and its agents;
Third-Party Account means any account a Visitor might use to connect to our Services including but not limited to facebook and Gmail;
Visitor(s) means anyone who accesses our Website;
Website means the site on the World Wide Web, through which our Services may be accessed, with the address www.Zenue.co.
Please note: We may from time to time post terms and conditions applying to specific parts of our Website or we may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and any specific or additional terms and conditions, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website or Services.
The purpose of our Website and Services is to facilitate the listing and booking of Places between Hosts and Guests. All visitors to our Website, whether registered or unregistered may view Listings; however, only visitors who create User Account can book a Place or create a Listing.
Zenue is not an owner or operator or provider of any venues or properties. We do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any venues or properties. Unless explicitly specified otherwise on our Website, Zenue�s responsibilities are limited to:
We cannot and do not control the Content contained in Listings and the condition, legality or suitability of any Places. We are not responsible for and disclaim any and all liability related to any and all Listings and Places. Accordingly all Bookings are made at the Guest�s own risk.
Registration via our Website: In order to access certain features of the Website, book a Place or create a Listing, you must create an account on our Website (�User Account�) and become a User. You may register a User Account via our Website or as described below.
Registration via Third-Party Accounts: You can also register by logging into your account with certain third-party social networking sites (�SNS�) (including, but not limited to, Facebook; �Third-Party Accounts�), via our Website, as described below.
You may link your Zenue Account with Third-Party Accounts, by either:
You represent that you are entitled to disclose your Third-Party Account login information to Zenue and/or grant Zenue access to your Third-Party Account (including without limit, for the purposes described herein), without breach by you of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating Zenue to pay any fees or making Zenue subject to any usage limitations imposed by such third-party service providers.
By granting Zenue access to any Third-Party Accounts, you understand that Zenue will access, make available and store (if applicable) any Content you provide and store in your Third-Party Account (�SNS Content�) so that it is available on the Website via your User Account and User Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on your User Account. If a Third-Party Account or associated service becomes unavailable or Zenue�s access to such Third-Party Account is terminated, then SNS Content will no longer be available on the Website. You have the ability to disable the connection between your User Account and your Third-Party Accounts, at any time, by accessing the �Settings� section of our Website.
Your relationship with the service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with those providers. Zenue makes no effort to review any SNS Content for any purpose, including without limit, for accuracy, legality or noninfringement and we are not responsible for any SNS Content.
Your responsibilities during registration: We will create your User Account and your User Account profile page based upon the personal information you provide to us or that we obtain via an SNS as described above. You must not have more than one (1) active User Account. You agree to provide accurate, current and complete information during the registration process and to keep it accurate, current and complete. We reserve the right to suspend or terminate your User Account and your access to the Website if you create more than one (1) User Account or if any information provided during registration or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You must not disclose your password to any third party and take sole responsibility for any activities or actions under your User Account, whether or not you have authorised such activities or actions. You will immediately notify Zenue of any unauthorised use of your User Account.
As a User, you may create Listings. To create a Listing, you will be asked various questions about the Place for listing, including without limit: the location, capacity, size, features, availability of the Place, pricing, related rules of use, and financial terms. To be featured in Listings via the Website, all Places must have valid physical addresses. Listings will be made publicly available via our Website. Other Users will be able to book your Place via the Website based upon the information provided in your Listing. You agree that once a Guest requests a booking of your Place, you cannot request a Guest to pay a higher price than in the booking request.
You agree that you are responsible for all Listings you post. You represent and warrant that any Listing you post and the booking of, or a Guest's use of a Place in a Listing you post:
Zenue assumes NO responsibility for a Host�s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Zenue reserves the right, at any time and without prior notice, to remove or suspend access to any Listing for any reason, including Listings that we in our sole discretion consider: to be objectionable; in violation of these Terms or any of our Policies or Guidelines; or otherwise harmful to the Website and our Services.
As a Host, you understand and agree that:
Zenue may provide Hosts with tools to assist the making of informed decisions about which booking requests a Host chooses to confirm. As a Host, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside or are otherwise present at the Place at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Place, if applicable (�Attendees�)
Zenue recommends that Hosts obtain appropriate insurance for their Places. Please review any current insurance policy for your Place carefully, and in particular ensure you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of Guests (and Attendees) while at your Place.
Zenue does not endorse any User or any Place. Images of Places on our Website only indicate a photographic representation of the Place at the time the photograph was taken and are not an endorsement by Zenue of any User or any Place. Users are required by these Terms to provide accurate information, and although we may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or the User�s purported identity or background.
Any references in the Website or Services to a User being �verified� or �connected� (or similar language) only indicate that the User has completed a relevant verification process, and does not represent anything else. Such description is not an endorsement, certification or guarantee by Zenue about any User, including of the User�s identity and whether the User is trustworthy, safe or suitable. Such description is intended to be useful information for you to make own decisions about the identity and suitability of others whom you contact or interact with via the Website or Services. We recommend that you always exercise due diligence and care when deciding whether to book a Place or to accept a booking request from a Guest, or to interact with any other User. Zenue is NOT responsible for any damage or harm resulting from your interactions with other Users.
By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Zenue with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Website regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Zenue regarding the remittance of payments received from a Guest by Zenue on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled �Limitation of Liability�.
"Place Fee� means the amounts due and payable by a Guest in exchange for that Guest�s use of a Place. The Host alone, and not Zenue, determines these amounts. The Host may in their sole discretion decide to include in these amounts: a cleaning fee or any other fee permitted on the Zenue Website or; Taxes that the Host determines that they must collect.
�Guest Fee� means the fee we charge a Guest for the use of our online platfor, calculated as a percentage of the applicable Place Fees. The Guest Fees will be calculated at 10% of the Place Fees plus any surcharge the host includes, for amount below $2000. Amounts equal to or greater than $2000 will be calculated at 5%. Please note that the amount and calculation of the Guest Fee may be varied by Zenue at our discretion from time to time. The Guest Fees will be displayed when the Guest is asked whether to send a booking request to a Host.
�Host Fee� means the fee that Zenue charges a Host for the use of our online platform, calculated as a percentage of the applicable Place Fees. The Host and Zenue agree that the Host Fee will be governed by individual agreements made between the Host and Zenue. (Host Fee Agreement). The applicable Host Fees will be displayed to the Host when they are asked whether to confirm or reject a booking request from prospective Guests.
�Host Fee Agreement� means the oral or written arrangement made between the Host and Zenue, as to the calculation method, amount, and terms of variation of the Host Fee (and including other matters as may be relevant).
�Service Fee� means collectively the Guest Fees and the Host Fees.
�Total Fees� means collectively the Place Fees and the Guest Fees (plus any Taxes in respect of Guest Fees).
If you are a Host and a booking is requested for your Place via the Website and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled.
When a booking is requested via the Website or Services, and before you choose to confirm or reject a booking, we will share with you: the first and last name of the Guest requesting the booking; a link to the Guest�s User Account profile page; the names of any members of an SNS with whom you are �friends� or associated on the SNS if such individuals are also �friends� or associated with the Guest on such SNS.
If you do not confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Zenue for the requested booking will be refunded to the applicable Guest�s credit card and any pre-authorisation of such credit card will be released.
When you confirm a booking, Zenue will send you an email, text message or message via the Website to confirming such booking, depending on the selections you make on the Website.
Unless otherwise arranged between Host and Guest and Zenue, Zenue will collect the Total Fees within three days from the Guest at the time of booking confirmation (when the Host confirms the booking request - Zenue will cancel a Guest�s booking if they fail to make payment within the 3 days) and will initiate payment of the Place Fees (less our Host Fees and any Taxes in respect of the Host Fees) to the Host within 24 hours AFTER the date on which Event is held at the Place (except to the extent that a refund is due to the Guest). The time it takes for Hosts to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Zenue (whether as a result of your bookings or actions as a Guest or otherwise), then Zenue may (but is not obliged to) withhold the amount owing to Zenue from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Zenue. If Zenue does so, then your obligation to pay Zenue will be extinguished to the extent of the amount withheld by Zenue, and we will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the withheld amount.
Each Host hereby appoints Zenue as the Host�s limited payment collection agent solely for the purpose of accepting the Place Fees from Guests.
Each Host agrees that payment of the Place Fees made by a Guest through Zenue, is equivalent to payment made directly to the Host, and the Host will make the Place available to the Guest in the agreed-upon manner as if the Host has received the Place Fees. Each Host agrees that Zenue may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing: permit the Guest to cancel the booking; and refund to the Guest that portion of the Place Fees specified in the applicable cancellation policy. Each Host understands that as Zenue accepts payments from Guests as the Host�s limited payment collection agent and that our obligation to pay the Host is subject to and conditional upon successful receipt of the payments from Guests. We do not guarantee payments to Hosts for amounts not successfully received by Zenue from Guests. In accepting appointment as the limited authorised agent of the Host, Zenue assumes no liability for the Host�s acts or omissions.
Zenue does not currently charge fees for creating Listings. However, we reserve the right, in our sole discretion, to charge for and collect fees from Hosts for creating Listings. we will provide notice of any Listing fee collection via the Website, prior to implementing such a Listing fee feature.
The Hosts, not Zenue, are solely responsible for honouring any confirmed bookings and making available any Places reserved through the Website and Services.
If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Place, you agree and understand that:
The Total Fees payable will be displayed to a Guest before sending a booking request to a Host. As noted, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (or not confirmed by the Host), any amounts collected by Zenue will be refunded to such Guest, depending on the selections the Guest makes via our Website, and any pre-authorisation of such Guest�s credit card will be released, if applicable.
You as a Guest agree to pay Zenue for the Total Fees for any booking requested in connection with your User Account if such requested bookings are confirmed by the applicable Host, as soon as practicable after the booking has been confirmed by the Host, or otherwise as soon as practicable after the completion of the event for which you have requested Place. You must seek the agreement of Zenue for alternative payment arrangements. In order to establish a booking pending the applicable Host�s confirmation of your requested booking, you understand and agree that Zenue, on behalf of the Host, reserves the right, in its sole discretion, to: obtain a pre-authorisation via your credit card for the Total Fees, or otherwise, charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card [will we do this?]. Once Zenue receives confirmation of from the Host that the event has been successfully completed, we will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Zenue cannot control any fees that may be charged to a Guest by your bank related to our collection of the Total Fees, and Zenue disclaims all liability in this regard.
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 Zenue or its third-party payment processor(s). You agree to pay Zenue for any confirmed bookings made in connection with your User Account in accordance with these Terms by one of the methods described on the Website, e.g. by PayPal or credit card.
Once your confirmed booking transaction is complete, and also whenever a payment transaction is completed, you will receive a confirmation email or other relevant communication summarising your confirmed booking or confirmed payment.
Each Host has the option to include a Bond in their Listings in an amount to be determined by the Host or by Zenue from time to time. The Bond will be a required payment by the Guest to Zenue via a pre-authorisation of the Guest�s credit card and usually collected by Zenue fortyeight (48) hours before (but otherwise, within a reasonable time) to the Guest�s check-in at the applicable Host�s Place..
The Bond will be a charge on top of the Place Fees. It will be returned to the Guest within a reasonable time after the date the Guest attends at or uses at the relevant Place, subject to paragraph immediately below.
Any damage claims arising out of use by the Guest of a Host�s place may be made against the Bond at the request of the applicable Host. Zenue will use its commercially reasonable efforts to address Hosts� requests and claims related to Bonds, but we are not responsible for administering or accepting any claims by Hosts related to Bonds, and disclaims any and all liability in this regard.
Zenue charges the Service Fees for the use of our Website and Services. Where applicable, Taxes may also be charged in respect of Host Fees and Guest Fees. Zenue deducts the Host Fees from the Place Fees before remitting the balance to the Host as described in these Terms. Guest Fees are included in the Total Fees.
Balances will be remitted by Zenue to Hosts via check, PayPal, direct deposit or other payment methods described on the Website. Amounts may be rounded up or down as described the �Rounding Off� section below.
Zenue, may impose or deduct foreign currency processing costs on or from any payments or payouts by Zenue in currencies other than AUD. More information on any such costs or deductions will be available via our Website. Except as otherwise provided herein, Service Fees are non-refundable.
If you are a Guest, you understand and agree that all Place Fees are due and payable on the business day after the booking request is confirmed or, with the consent of Zenue, on the business day after the event is completed. You and Zenue may otherwise agree upon other payment arrangements. You agree and understand that your delay authorises Zenue to charge interest on the total of Host plus Guest Fees in the amount of x% per day.
After payment is made, the Host is guaranteed a minimum of 10% of the Place Fee. If a Guest cancels between 60 and 14 days before the event, the Guest will receive back 50% of the Place Fee. However, if the Guest cancels less than 14 days before the event, you will not receive any money back. If a Guest cancels after payment is made, Guest Fees will not be refunded.
If a Guest cancels their requested booking before the requested booking is confirmed by a Host, we will cancel any pre-authorisation to the relevant credit card and/or refund any nominal amounts charged to the credit card in connection with the requested booking within a comercially reasonable time.
If a Host cancels a confirmed booking made via the Website:
If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Zenue, please contact Zenue.
If, as a Host, you cancel a confirmed booking, we may apply penalties or consequences to you or your Listing, including:
You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, we may decide, in our sole discretion, to cancel a confirmed booking made via the Website and Services, for any reason. Zenue may also, in its sole discretion, decide to refund all or part of the amounts charged to the Guest. In such circumstances, Zenue and the relevant Guest or Host will not have any liability for such cancellations or refunds.
In very limited instances Guests may be permitted to make recurring, incremental payments toward the Total Fees owed for a confirmed booking (collectively, �Recurring Payments�). More information on Recurring Payments will be made available via the Website, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorises Zenue, on behalf of the Host, to collect the Total Fees and the Host agrees that Zenue will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Website.
Zenue may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit, for example, Zenue will round up an amount of AUD $101.50 to $102.00, and AUD$101.49 to $101.00.
We will take practicable steps to rectify any payment processing errors that we become aware of. This may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information, such as the relevant Tax File Number, from our Hosts, or to withhold taxes from payouts to Hosts, or both. Hosts are solely responsible for keeping their tax information complete and accurate. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our tax obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining:
You understand and acknowledge that governmental agencies, departments or authorities (the �Tax Authority�) where your Place is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Place Fees set by Hosts, a set amount per day, or other variations, and are sometimes called �occupancy taxes,� �hotel taxes,� �lodging taxes,� �transient taxes,� �sales and use taxes,� �value added taxes,� �room taxes� or �tourist taxes� (hereafter, "Occupancy Taxes").
If required by the Tax Authority, Zenue undertakes to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts. In such circumstances, whether you are a Guest or Host you hereby instruct and authorise Zenue to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Place Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Zenue facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, Zenue will provide notice to the Host. The amount of Occupancy Taxes collected and remitted through facilitation by Zenue, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Users agree that where Zenue facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Place Fees. Where we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Hosts and Guests acknowledge and agree that in some jurisdictions, Zenue may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Places.
Whether you are a Guest or Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Zenue in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Zenue from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
As a Guest, you are responsible for leaving the Place in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Place (�Attendees�).
In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your User Account. Zenue also reserves the right to charge the credit card on file in your User Account, or otherwise collect payment from you and pursue any avenues available to Zenue in this regard, including using Bonds, in situations in which you have been determined, in Zenue�s sole discretion, to have damaged any Place. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Place to the applicable Host or to Zenue (if applicable).
Both Guests and Hosts agree to cooperate with and assist Zenue in good faith, and to provide Zenue with information and take actions as may be reasonably requested by Zenue, in connection with any complaints or claims made by Users relating to Places or any personal or other property located at an Place or with respect to any investigation undertaken by Zenue or a representative of Zenue regarding use or abuse of the Website or Services.
As a Guest, upon Zenue�s reasonable request, and to the extent you are reasonably able to do so, you agree to attempt to participate in mediation or similar resolution process with a Host, with respect to losses for which the Host is requesting payment from Zenue.
As a Guest you understand and agree that Zenue reserves the right, in its sole discretion, to make a claim under your homeowner�s, renter�s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to any Place or any personal or other property located at any Place. You agree to cooperate with and assist Zenue in good faith, and to provide Zenue with information as may be reasonably requested by Zenue, in order to make a claim under your homeowner�s, renter�s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Zenue may reasonably request to assist Zenue in accomplishing the foregoing.
From time to time, Guests and Hosts may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. The Zenue platform allows users to view the price of Listings in a number of currencies. However Hosts must initially display Listing prices in AUD and Guests must make payments in AUD. To be clear, all payments must be made in AUD.
As a note, the currency preference views are calculated at the relevant foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time.
You understand that your payment company (for example, your credit or bank card issuer) may use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from that in AUD. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Zenue.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Website, Services and the Collective Content. In connection with your use of the Website, Services and Collective Content, you may not and you agree that you will not:
Zenue may access, preserve and disclose any of your Personal Information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:
You acknowledge that Zenue has no obligation to monitor your access to or use of the Website, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Website and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
Zenue reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Zenue, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website and Services.
The Website, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Zenue and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.
Our Website, and Services may contain or provide access to the intellectual property of third parties. Zenue respects copyright law and expects you to do the same. Any trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. By agreeing to these Terms you warrant that you will not copy, modify or transmit any such content except as permitted by the owner or licensee of that intellectual property.
It is our policy to terminate, in appropriate circumstances, User Accounts or access to our Website or Services of Users who infringe or are believed to be infringing the rights of copyright holders.
We disclaim all liability with respect to the illegitimate use of any third party intellectual property by Users and visitors to our Website.
If you believe your intellectual property has been infringed by any party in connection with our Services, including by the display or use of content on our Website, please contact Zenue by email at: email@example.com
Subject to your compliance with the terms and conditions of these Terms, Zenue grants you a limited, non-exclusive, non-transferable license, to:
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 Website, 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 Zenue or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Website and Services, you hereby grant to Zenue 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 User Content on, through, by means of or to promote or market the Website and Services. Zenue does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website and Services. Accordingly, you represent and warrant that:
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Zenue is not responsible or liable for:
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We may from time to time partner with other agencies and organisations to endorse their products or services via our Website and may receive a commission for these endorsements. However, we can assure you that we take our reputation and credibility seriously and only endorse products and services that we believe our users may be interested and which fit with our business and ethical ideals.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your User Account.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
You may cancel your User Account at any time via the Website. If your Zenue Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.
The information contained in these Terms, on our Website, and through our Services is not intended to establish any professional standards nor is it intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for any legal planning and advice. Products and services referenced in these Terms may not be available in all jurisdictions.
Subject to the ACL legislation, we are not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our Website, or Services, and shall not be responsible or liable for any error or omissions in that information.
If you choose to use the Website or Services or Collective Content, you do so at your own risk. You acknowledge and agree that Zenue does not have an obligation to conduct background checks on any User, including without limit, Guests and Hosts, but may conduct such background checks on any User in its sole discretion.
You are solely responsible for all of your communications with other Users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including without limit any Hosts or Guests.
You understand that Zenue does not make any attempt to verify the statements of Users of the Website or Services or to review or visit any Places. Zenue makes no representations or warranties as to the conduct of Users of the Website or Services or their compatibility with any current or future users of the Website or Services.
You agree to take reasonable precautions in all communications and interactions with other Users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including without limit Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by or through Zenue. Notwithstanding Zenue�s appointment as the limited payment agent of the Host for the purpose outlined in these Terms, Zenue explicitly disclaims all liability for an act or omission of any Guest or other third party.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL (or any other applicable law that cannot be excluded, restricted or modified by agreement).
However, subject to the above paragraph and to the extent permitted by law our Website, Services and Collective Content are provided �as is�, without warranty of any kind, express or implied. Without limiting the foregoing, Zenue explicitly disclaims any warranties, whether express or implied, including warranties or expressions:
The Services come with guarantees that cannot be excluded under the ACL. You are entitled to have our Services supplied again, or the payment of the cost of having our Services supplied again, if our Services were not rendered with due care and skill or our Services not fit for the particular purpose outlined in these Terms.
For the purpose of the foregoing paragraph, you acknowledge and agree that the services supplied by Zenue are limited to our Services, and that the particular purpose of our Services is limited to the purpose outlined in these Terms.
No advice or information, whether oral or written, obtained from Zenue or through the Website, Services or Collective Content, will create any warranty not expressly made herein.
To the extent permitted by law, Zenue and its employees, agents or contractors will not be liable for any loss, injury, damage, claim, cost or expense whatsoever arising out of the services that are the subject of any provision of Services under these Terms.
Subject to the ACL consumer guarantees, and to our obligations to pay amounts applicable to Hosts and Guest pursuant to these terms, and to the extent permitted by law, the maximum liability of Zenue and its employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website and any services advertised or accessible using our Website, in aggregate of all claims, will be limited to:
Subject to the ACL consumer guarantees and to the extent permitted by law, Zenue will not be liable for any loss, injury, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, our Website and services advertised or accessible through our Website, to the extent that such loss, injury, damage, claim, cost or expense was caused by:
To the extent permitted by law, Native Development will not be liable for any direct or indirect lost profit or incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with these Terms or your use of the Website or our Services.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Zenue and you.
You agree to indemnify Zenue in respect of all loss, injury, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
If you rent a Place from a Host or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who: engages in offensive, violent or sexually inappropriate behaviour; you suspect of stealing from you; or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Zenue by contacting us with your police station and report number, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Except for any Host Fee Agreement(s) made between the Host and Zenue, these Terms constitute the entire and exclusive understanding and agreement between Zenue and you regarding the Website, Services and any bookings or Listings of Places made via the Website.
These Terms supersede and replace any and all prior oral or written understandings or agreements between Zenue and you regarding bookings or listings of Places, the Website and Services.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision
You may not assign or transfer these Terms, by operation of law or otherwise, without Zenue�s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Zenue may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Zenue via email (to the address that you provide) or by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
You and Zenue agree that any dispute, claim or controversy arising out of or relating to these Terms, breach, termination, enforcement, interpretation or validity thereof, or out of the use of our Services (collectively, �Disputes�) will be attempted to be settled first through good-faith negotiation or mediation as may be suitable to the relevant parties to the dispute.
However each party retains the right to seek injunctive or other equitable relief in a court with relevant jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party�s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Each party also retains the right to initiate court proceedings as against the other party, if the dispute cannot be resolved in accordance with clause 21.5(a).
Except as provided in the preceding sentence, this �Dispute Resolution� section will survive any termination of these Terms.
The failure of Zenue to enforce any right or provision of these Terms will not constitute waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorised representative of Zenue.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, our Website or Services, please contact Zenue at firstname.lastname@example.org
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Application and Services (�Feedback�). You acknowledge and agree that all Feedback will be the sole and exclusive property of Zenue and you hereby irrevocably assign to Zenue and agree to irrevocably assign to Zenue all of your right, title, and interest in all Feedback, including without limit all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
At our request, you will execute documents and take such further acts as Zenue may reasonably request to assist Zenue to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.