Terms and Conditions
In using this Website and the Services provided herein by Sonflower Pty Ltd Acn 106762896 (trading as “Lence”) you agree to the Terms and Conditions set out below:
- We warrant that the services provided by Us through the website will be provided with due care, skill and attention.
Use of Website
- You agree that these Terms and Conditions are applicable to you, regardless of whether or not you register as a Registered User.
- You warrant that you are 18 years of age or older and acknowledge that this website is only intended for use by those 18 years or older.
- You will only use this Website and the Services provided herein strictly in accordance with these Terms and Conditions.
- You will not use or engage with this Website for any illegal purposes or in any illegal manner.
- In order to list or book a space, you must first become a Registered User of the Website and the registration details and information provided must be honest, accurate and complete.
- You are responsible for the safeguarding of your registered account and password and will immediately notify Us upon becoming aware of any unauthorised use of your account.
- You may create a registered account by following the registration process set out on the website or by logging in using select social media accounts by either providing your login details for the social media account or by allowing Us to access your social media account.
- If you disclose any information relating to your social media account to Us, then you warrant that you are entitled to do so and agree and acknowledge that We will store that information and may make it available on the Website.
- In the event that there is a change to your social media account or if We are unable to access your social media account information, it is your responsibility to provide us with alternative registration details to enable your registered account to remain active.
Listing a Space
- Lenceors may create Listings and specify requirements and a Space Fee that a Lencee must agree to before booking the Space.
- All information provided in Listings must be accurate, honest and complete and you accept all responsibility and liability for the information provided.
- All information provided in the listing must not breach or conflict with any other agreement relating to the Space and must comply with all applicable laws and regulation as may be in force from time to time.
- At any time, and for any reason, We may remove or disable any Listing.
- We take no responsibility for the information contained in any Listing and make no warranty as to the accuracy or truthfulness of any information contained in any Listing.
Booking process and payment
- Upon receiving a booking request, We will inform the Lenceor of the booking request, including the name and contact details of the Lencee.
- All negotiations for the booking of a Space are to be between the Lenceor and Lencee and the Website may be used to facilitate the negotiations.
- Once both the Lenceor and Lencee have confirmed the booking and the Lence Amount has been paid, a confirmation of booking will be sent to both the Lenceor and Lencee.
- Unless the booking has been cancelled, the Space Fee will be forwarded by Us to the Lenceor within 14 days of the last date that the Lencee is booked to occupy the Space. The Service Fee will be retained by Us.
- Upon a booking being confirmed and payment being made of the Lence Amount a legally binding agreement will have been entered into by the Lenceor and the Lencee, but:
- We are not a party to the agreement and are merely a facilitator;
- We are not responsible for the performance of the agreement; and
- We encourage the parties to obtain independent legal advice and to enter into a written agreement.
- At any time, and for any reason, We may cancel a Booking.
- A Lencee may cancel a booking at any time more than 14 days prior to the first date that the Lencee is booked to occupy the Space and will be entitled to a return of the Lence Amount, but not the Credit Card Fee.
- If a Lencee cancels a booking within 14 days of the first date that the Lencee is booked to occupy the Space or during the booking period, then the Lencee will not be entitled to any return or compensation of the Lence Amount or Credit Card Fee.
- If a Lenceor cancels a booking, the Lencee will be entitled to a full return of the Lence Amount and Credit Card Fee, but the Lenceor will be liable to Us for the Service Fee and Credit Card Fee.
- If a Lencee or Lenceor cancels a booking, then they must do so through the Website and ensure that We are notified.
- A cancellation is only effective once it has been processed through the Website.
- If a booking is cancelled by Us due the actions or conduct of the Lenceor, the Lence Amount will be returned to the Lencee.
- If a booking is cancelled by Us due to the actions or conduct of the Lencee, then the Space Fee will be returned to the Lencee, but not the Service Fee or Credit Card Fee.
Improper use of Website and Services
- If a Lencee books a Space that was listed by a Lenceor on the Website, but does so not through the Website, then the Lenceor will be liable to pay Us 20% of the total amount paid by the Lencee to the Lenceor.
- We may facilitate payments through a third party payment service provider. This third party payment service provider acts as a payment facilitator and escrow agent on behalf ofthe Lence or and Lencee and you:
- Consent and authorise Us and them to share any information and payment instructions you provide amongst ourselves and with any other third party provider if necessary to complete the payment.
Limitation of liability
- You understand and acknowledge that We are not:
- The owner of the spaces listed on the website;
- A party to any transaction between the Lenceor and Lencee or between You and any third party and that we are simply a facilitator of the transaction;
- Responsible for the content of the listings, including the terms set by the Lenceor, or the quality of the spaces listed;
- Acting as an agent, broker or insurer for any party;
- Liable for any misrepresentations made in any listing or the conduct of any user of the website or any third party that you may come into contact with through the use of the website or services;
- Liable for any acts or omissions of
- You understand and acknowledge that:
- Our responsibility is limited to facilitating the website services and accepting payments behalf of Lenceors and distributing those payments to the Lenceor; a
- All bookings are made at your own risk;
- You will not seek any remedy from Us or impose any liability on Us for loss and damage suffered by you through the use of the website;
- You will indemnify Us in relation to any liability, claim, loss, damage or costs suffered by us as a result of your use of the website;
- We are not liable for any damage to, or loss of data, any economic or monetary loss and any other loss of any kind;
- Notwithstanding the foregoing provisions, we are liable to you in any way; our liability is limited to a maximum of the Lence Amount paid by you.
Use of Confidential Information
- Any Confidential Information disclosed through the use of the Website or provision of Services by Us may only be used for dealings under these Terms and Conditions or for the provision of services by Us.
- All Intellectual Property Rights in and associated with the website and services provided by Us are the sole property of Us.
- You indemnify Us and agree to keep Us indemnified against any and all claims, loss and damage arising out any breach of intellectual property rights by you through your use of the website or our services, including but not limited to, a breach of the intellectual property rights of a third party.
Advertisements by Third Parties
- We may from time to time include on the website promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Us and are offered to you pursuant to terms and conditions set by the third party.
- Any use of the Third Party Services is independent of us and are directly between you and the provider.
- We make no representation or warranty as to the Third Party Services and accept no responsibility for any loss or damage suffered as a result of your use of them.
Alterations and amendments to website
- We reserve the rights to amend, alter or modify the website, service and these Terms and Conditions at any time and for any reason at our sole discretion.
- If we amend, alter or modify these Terms and Conditions, they will apply immediately upon being listed on the website.
- A party is not liable for its inability to perform, or delay in performing, any of its obligations under this agreement if that inability or delay is caused by a Force Majeure event.
- Any provision of, or the application of any provision of this agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition and may be severed from this agreement and the remaining terms and conditions will continue to be in full force and effect.
Governing Law and Jurisdiction
- These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Victoria, Australia and each party submits 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 and Conditions.
- The following definitions apply:
- “Credit Card Fee” means 2% of the total of the Service Fee and Space Fee.
- “Confidential Information” means any information disclosed by any party to another party that is either by nature confidential, designated by the party disclosing the information (Disclosing Party) as confidential or that the party receiving the information (Receiving Party) knows or reasonably ought to know is confidential. This does not include any information that is in the public domain other than through a breach of an obligation of confidentiality.
- “Force Majeure” means any circumstance, matter or thing beyond the reasonable control of a party including but not limited to acts of God, natural disasters, industrial disputes, governmental restraints, acts of war, riots and terrorist acts.
- “Intellectual Property Rights” means any and all intellectual property rights throughout the world including rights in respect of or in connection with:
- Any confidential information;
- Copyright (including future copyright and rights in the nature of or analogous to copyright);
- Inventions (including patents);
- Trademarks, service marks; and
- Designs, or computer programs,
- Whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
- “Lence Amount” means the price payable by the Lencee after a requested booking has been confirmed, including the Space Fee and Service Fee, but excluding any applicable taxes or duties.
- “Lencee” means the person or corporation booking a Listing.
- “Lenceor” means the person or corporation providing a Space.
- “Listing” means a short-term space listed by the Lenceor as available to Lencees.
- “Registered User” means a person who completes the user registration process.
- “Services” includes any services provided by Us, including services provided through the Website to enable Lenceors and Lencees.
- “Service Fee” means the fee charged by Us for provision of the Services, which is currently 10% of the Space Fee.
- “Space” means a short-term retail space advertised in a Listing.
- “Space Fee” means the fees payable to the Lenceor as determined and set by the Lenceor and agreed the Lencee.
- “Us” and “We” and any variation means Sonflower Pty Ltd trading as “Lence”.
- “Website” means www.lence.com.au and any other affiliated websites run by Us.