Please read these Terms of Service carefully as they outline important information about your legal rights, remedies and obligations. By accessing or using the Everywhere Venues website and apps (Platform), you agree to comply with and be bound by these Terms of Service.

Thank you for being part of the Everywhere Venues community!

These Terms of Service ("Terms") as well as our Payments Terms of Service and associated policies constitute a legally binding agreement ("Agreement") between you and Everywhere Venues (as defined below) governing your access to and use of the Everywhere Venues website (including any subdomains) and any other websites through which Everywhere Venues makes the Everywhere Venues Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all related services (collectively, "Everywhere Venues Services"). The Site, Application and Everywhere Venues Services together are collectively referred to as the “Everywhere Venues Platform”.

When these Terms mention “Everywhere Venues,” “we,” “us,” or “our,” it refers to Appiwork Pty LTD trading as Everywhere Venues.

When these Terms mention “You,” it refers to you as an individual and any entity or organisation that you warrant to represent either in the capacity as a Visitor or Venue Manager.

Our Privacy Policy explains how we collect and use personal information regarding your access to and use of the Everywhere Venues Platform.

Our Payment Terms outline any and all payment processing services regarding your use of the Everywhere Venues Platform ("Payment Services").

Venue Managers are solely responsible for identifying, understanding, and complying with all laws, rules and regulations regarding their Venues and Venue Services. Venue Managers are solely responsible for identifying and obtaining any licenses, permits, or registrations required for any Venue Manager Services they offer.

Some types of Venue Manager Services may be prohibited altogether. Penalties may include fines or other enforcement. Our associated policies provide some information to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Venue Listing(s) and Venue Manager Service(s) on Everywhere Venues, you should always seek legal guidance specific to your own circumstances.

Contents

• 1   Scope of Everywhere Venues Services
• 2   Eligibility, Using the Everywhere Venues Platform, Member Verification
• 3   Change of these Terms
• 4   Account Registration
• 5   Content
• 6   Service Fees
• 7   Terms specific for Venue Managers
• 8   Terms specific for Visitors
• 9   Booking changes, Cancellations and Refunds, Resolution Center
• 10   Ratings and Reviews
• 11   Damage to Venues, Disputes between Members
• 12   Insurance
• 13   Rounding off
• 14   Taxes
• 15   Prohibited Activities
• 16   Term and Termination, Suspension and other Measures
• 17   Disclaimers
• 18   Liability
• 19   Indemnification
• 20   Dispute Resolution and Mediation Agreement
• 21   Feedback
• 22   Applicable Law and Jurisdiction
• 23   General Provisions

1   Scope of Everywhere Venues Services

• 1.1   Everywhere Venues is an online marketplace that enables registered users (Visitors) to purchase Venue Services. Venue Services include the ability to immediately book and pay for, or request to book, venues and spaces and associated equipment and items that are listed in the Everywhere Venues directory from the Venue Managers of those venues and spaces. Everywhere Venues receives a commission on payments made via the platform. For Venues that are free to book via the platform or listed without the ability to book directly via the platform, Everywhere Venues may receive a listing fee from the Venue Manager.
• 1.2   The Everywhere Venues Platform is a marketplace where Venue Managers are connected with Visitors. As the provider of the Everywhere Venues Platform, Everywhere Venues does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Venues or Venue Services. Venue Managers are solely responsible for their respective Venue Listings and Venue Services. When Members make or accept a booking, they are entering into a contract directly with each other. Everywhere Venues is not, and does not become a party to or participant, in any contractual relationship between Members. Everywhere Venues is not a real estate broker or insurer. Everywhere Venues is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
• 1.3   Although we may give input to dispute resolution between Members, Everywhere Venues has no control over and does not guarantee:

(i) the existence, quality, safety, suitability, or legality of any Venue Listings or Venue Services, or

(ii) the truth or accuracy of any Venue Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or

(iii) the performance or conduct of any Member or third party. Everywhere Venues does not endorse any Member, Venue Listing or Venue Services.

• 1.4   Any reference to a Member being "verified" (or similar language) only indicates that the Member has completed Everywhere Venues’ verification and identification process and nothing else. Descriptions are not an endorsement, certification or guarantee by Everywhere Venues about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to visit a Venue or use other Venue Services, accept a booking request from a Visitor, or communicate and interact with other Members, whether online or in person.
• 1.5   If you choose to use the Everywhere Venues Platform as a Venue Manager or Venue Manager Group Member, your relationship with Everywhere Venues is limited to being an independent, third-party customer, and not an employee, agent, joint venturer or partner of Everywhere Venues for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Everywhere Venues.
• 1.6   Venue Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements as part of marketing and promotional activities for the Everywhere Venues Platform and Venue Listings. Everywhere Venues cannot guarantee the accuracy or quality of such translations and reviewing and verifying the accuracy of such translations is the responsibility of Members.
• 1.7   The Everywhere Venues Platform may contain links to third-party websites or resources (“Third-Party Services”). Different terms, conditions and privacy practices may apply to these Third-Party Services. Everywhere Venues is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Everywhere Venues of such Third-Party Services.
• 1.8   Due to the nature of the Internet, Everywhere Venues cannot guarantee the continuous and uninterrupted availability and accessibility of the Everywhere Venues Platform. Everywhere Venues may limit the availability of the Everywhere Venues Platform or certain areas or features thereof, to ensure the capacity limits, the security or integrity of our Platform or to perform maintenance to ensure the proper or improved functioning of the Everywhere Venues Platform. Everywhere Venues may improve, enhance and change the Everywhere Venues Platform and introduce new services from time to time.

2   Eligibility, Using the Everywhere Venues Platform, Member Verification

• 2.1   To access and use the Everywhere Venues Platform or register an Everywhere Venues Account, you must be at least 18 years old and able to enter into legally binding contracts. By accessing or using the Everywhere Venues Platform you represent and warrant that you have the legal capacity and authority to enter into a contract and are at least 18 years of age.
• 2.2   Everywhere Venues may make the access to and use of the Everywhere Venues Platform, or certain areas or features of the Everywhere Venues Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
• 2.3   There are inherent challenges and limitations in providing user verification on the Internet. Everywhere Venues does not assume any responsibility for the confirmation of any Member’s identity. To prevent fraud and for transparency, and as permitted by applicable laws, we may, but have no obligation to:

(i) ask Members to provide documentation for identification or undertake additional checks that are designed to help verify the identities or backgrounds of Members,

(ii) screen Members against third party databases or other sources and request reports from service providers

• 2.4   The access to or use of certain areas and features of the Everywhere Venues Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Everywhere Venues Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
• 2.5   If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Application from the Android Google Play store, you agree to Google Play’s Terms of Service. Some areas of the Everywhere Venues Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3   Changes to these Terms

• 3.1   Everywhere Venues reserves the right to change these Terms at any time. If we make changes to these Terms, we will publish the revised Terms on the Everywhere Venues Platform and update the “Last Updated” date on this page. We will also notify you of the changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may end this Agreement with immediate effect. We will inform you about your right to end the Agreement in the notification email. If you do not end your Agreement before the date the revised Terms become effective, your continued access to or use of the Everywhere Venues Platform will amount to acceptance of the revised Terms.

4   Account Registration

• 4.1   You must register an account ("Everywhere Venues Account") to access and use certain features of the Everywhere Venues Platform, such as publishing or booking a Venue Listing. If you are registering an Everywhere Venues Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
• 4.2   You can register an Everywhere Venues Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You can disable the connection between your Everywhere Venues Account and your SNS Account at any time, by accessing the "Settings" section of the Everywhere Venues Platform.
• 4.3   You must provide accurate, current and complete information during the registration process and keep your Everywhere Venues Account and public Everywhere Venues Account profile page information up-to-date at all times
• 4.4   You may not register more than one (1) Everywhere Venues Account unless Everywhere Venues authorises you to do so. You may not assign or otherwise transfer your Everywhere Venues Account to another party.
• 4.5   You are responsible for maintaining the confidentiality and security of your Everywhere Venues Account credentials and may not disclose your credentials to any third party. You must immediately inform Everywhere Venues if you know or have any reason to presume that your credentials have been stolen, misappropriated, lost, or otherwise compromised or in case of any actual or suspected unauthorised use of your Everywhere Venues Account. You are liable for any and all activities conducted through your Everywhere Venues Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
• 4.6   Everywhere Venues may enable features that allow you to authorise other Members or certain third parties to take certain actions that affect your Everywhere Venues Account. For example, we may allow Venue Managers to add other Members as Venue Manager Group Members (as defined below) to help manage their Venue Listings. These features do not require that you share your credentials with any other person. No third party is authorised by Everywhere Venues to ask for your credentials, and you shall not ask for the credentials of another Member.

5   Content

• 5.1   Everywhere Venues may, at its sole discretion, enable Members to:

(i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Everywhere Venues Platform ("Member Content"); and

(ii) access and view Member Content and any content that Everywhere Venues itself makes available on or through the Everywhere Venues Platform, including proprietary Everywhere Venues content and any content licensed or authorised for use by or through Everywhere Venues from a third party ("Everywhere Venues Content" and together with Member Content, "Content").

• 5.2   The Everywhere Venues Platform, Everywhere Venues Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the Everywhere Venues Platform and Everywhere Venues Content, including all related intellectual property rights, are the exclusive property of Everywhere Venues and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Everywhere Venues Platform, Everywhere Venues Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Everywhere Venues used on or in connection with the Everywhere Venues Platform and Everywhere Venues Content are trademarks or registered trademarks of Everywhere Venues in Australia and other countries. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or associated with the Everywhere Venues Platform, Everywhere Venues Content, and/or Shared Content are used for identification purposes only and may be the property of their respective owners.
• 5.3   You will not use, adapt, copy, change, or prepare imitative works to distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Everywhere Venues Platform or Shared Content, unless you are the legal owner of certain Member Content or as expressly permitted in these Terms. You are not granted by implication any licenses or rights or otherwise under any intellectual property rights owned or controlled by Everywhere Venues or its licensors, except for the licenses and rights expressly granted in these Terms.
• 5.4   Subject to your compliance with these Terms, Everywhere Venues grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Shared Content made available on or through the Everywhere Venues Platform and accessible to you, solely for your personal and non-commercial use.
• 5.5   By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Everywhere Venues Platform, you grant to Everywhere Venues a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, change, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Everywhere Venues Platform, in any media or platform. Unless you provide specific consent, Everywhere Venues does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
• 5.6   You are solely responsible for all Member Content that you make available on or through the Everywhere Venues Platform. Accordingly, you represent and warrant that:

(i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Everywhere Venues Platform or you have all rights, licenses, and consents that are required to grant to Everywhere Venues the rights in and to 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 Everywhere Venues' use of the Member Content will infringe or misappropriate a third party's patent, copyright, trademark, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the breach of any applicable law or regulation.

• 5.7   You will not post, upload, publish, submit or transmit any Member Content that:

(i) is false, fraudulent, or misleading (directly or by exception or failure to update information) or deceptive; fee

(ii) is defamatory, obscene, pornographic, vulgar or offensive;

(iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any person or group;

(iv) is threatening or promotes violence or actions that are threatening to any other person;

(v) promotes illegal or harmful activities or substances; or

(vi) violates Everywhere Venues’ Content Policy or any other Everywhere Venues policy.

Everywhere Venues may, without prior notice, remove or disable access to any Member Content that Everywhere Venues determined has violated these Terms or Everywhere Venues’ then-current Policies or otherwise may be harmful or objectionable to Everywhere Venues, its Members, third parties, or property.

• 5.8   Copyright law is important to Everywhere Venues and we expect our Members to respect it, as we intend to. Please notify us if you believe that any content on the Everywhere Venues Platform infringes your copyright.

6   Service Fees

• 6.1   Everywhere Venues may charge fees to Venue Managers and/or Visitors (collectively, "Service Fees") for their use of the Everywhere Venues Platform.
• 6.2   Any Service Fees (including any applicable Taxes) will be displayed to a Venue Manager or Visitor before publishing or booking a Venue. Everywhere Venues reserves the right to change the Service Fees at any time. We will notify Members before any fee changes become effective.
• 6.3   You are responsible for paying any Service Fees that you owe to Everywhere Venues. Service Fees are due, payable and collected by Everywhere Venues as specified in our Payments Terms. Service Fees are non-refundable unless explicitly stated.

7  Terms for Venue Managers

• 7.1   Listing Subscription
• 7.1.1   This applies to request only and free to hire Venue Listings. Conditions:

(i) We will let anyone list one venue for free per Venue Manager account in our platform if it accepts bookings on an instant or request basis. A Service Fee is not applied to venues that are free to hire.

(ii) Listing the first venue is free. We charge a small monthly Listing Subscription according to the pricing tiers. This applies to venues listed without the ability to accept bookings via our platform. The Listing Subscription will also be applied to the second and all additional venues that a Venue Manager designates as free to book via its Everywhere Venues account.

• 7.2   Terms applicable to all Venue Listings
• 7.2.1   When creating a Venue Listing through the Everywhere Venues Platform you must:

(i) provide complete and accurate information about your Venue and Venue Services (such as venue description, location, availability, accessibility filters),

(ii) disclose any deficiencies, restrictions, rules and requirements (such as any minimum age, proficiency or fitness) and,

(iii) provide any other relevant information requested by Everywhere Venues. You are responsible for keeping your Venue Listing information (including calendar availability) up-to-date at all times.

• 7.2.2   You are solely responsible for setting a price (including any applicable Taxes such as GST) for your Venue Listing (“Venue Fee”).

• 7.2.3   Any terms and conditions included in your Venue Listing, particularly regarding cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Venue.

• 7.2.4   Photographs, animations or videos (collectively, "Images") used in your Venue Listings must accurately reflect the quality and condition of your Venue and Venue Services. Everywhere Venues reserves the right to require that Venue Listings have a minimum number of Images with a certain format, size and resolution.

• 7.2.5   The placement and ranking of Venue Listings in search results on the Everywhere Venues Platform may vary according to a number of factors, such as Visitor search behaviour and preferences, Venue Manager requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Reviews and Ratings, type of Venue Manager Service, and/or ease of booking.

• 7.2.6   When you accept a booking or booking request by a Visitor, you are entering into a legally binding agreement with the Visitor and must provide your Venue Service(s) to the Visitor as described in your Venue Listing when the booking request is made. You must also pay any applicable Taxes, which may be collected in accordance with the Payments Terms.

• 7.2.7   Everywhere Venues recommends that Venue Managers obtain appropriate insurance for their Venues and Venue Services. Please review any insurance policy and/or product disclosure statement carefully, and make sure that you are familiar with and understand any exclusions to, and any excesses or deductibles that may apply regarding the actions or inactions of Visitors (and the persons the Visitor has booked for, if applicable) while at your Venue and using your Venue Services.

• 7.3   Listing Venues
• 7.3.1   You may only list one Venue per Listing. You may list multiple Sub Venues per Listing when the Sub Venues have the same features, rates and conditions. Examples of Sub Venues include lanes of a pool, tennis courts within a tennis centre or coworking desks in an office.
• 7.3.2   There is no facility to manage the collection of security deposits within the Everywhere Venues platform at this stage. This feature may be introduced in the future.
• 7.3.3   Venue Managers may request a Security Deposit for use of the Venue or to access venue keys and security codes. This should be communicated clearly as an additional Rule with clear instructions on how the Security Deposit will be processed outside the Everywhere Venues platform. Everywhere Venues accepts no role or responsibility in transactions that occur outside our platform. You are entirely responsible for administering the security deposit collection and refund process.
• 7.3.4   If you intend to process a security deposit outside the Everywhere Venues Platform, we suggest you use the Request Booking instead of Instant Booking so that you may confirm the booking request after receiving the Security Deposit via your preferred payment method.
• 7.3.5   You represent and warrant that any Venue Listing you post and the booking of, or a Visitor's attendance at, a Venue will:

(i) not breach any agreements you have entered into with any third parties including but not limited to your primary or head lease, and

(ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Venue Manager, you are responsible for your own acts and omissions and the acts and omissions of any persons who are present at the Venue at your request or invitation, excluding the Visitor (and the persons the Visitor invites to the Venue, if applicable).

• 7.4   Venue Group Members
• 7.4.1   Everywhere Venues may enable Venue Managers to authorise other Members (“Venue Group Members”) to administer the Venue Manager’s Listing(s), and to bind the Venue Manager and take certain actions in relation to the Listing(s) as permitted by the Venue Manager, such as accepting booking requests, messaging and welcoming Visitors, and updating the Venue Fee and calendar availability (collectively, Venue Manager Services”). Any agreement formed between Venue Manager and Venue Group Members may not conflict with these Terms and the Payments Terms. Everywhere Venues reserves the right, in our sole discretion, to limit the number of Venue Group Members a Venue Manager may invite for each Listing and to limit the number of Listings a Venue Group Member may manage.
• 7.4.2   Venue Managers should use care and due diligence when adding Venue Group Members to their Listing(s). Venue Managers remain solely responsible and liable for any and all Listings and Member Content published on the Everywhere Venues Platform, including any Venue Listing created by a Venue Group Member on their behalf. Venue Managers also remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Venue Group Member(s). Venue Group Members remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Venue Group Member, including, but not limited to, conduct that causes harm or damage to the Venue Manager. Both Venue Managers and Venue Group Members are jointly responsible and severally liable for third party claims, including Visitor claims, arising from the acts and omissions of the other person as related to Venue Manager activities, communications with Visitors, and the provision of any Venue Services.
• 7.4.3   Unless agreed otherwise by Venue Manager and Venue Group Member, Venue Manager and Venue Group Members may end their agreement at any time. In addition, both Venue Manager and Venue Group Members acknowledge that their relationship will end in the event that Everywhere Venues ends either party’s access to the Platform. The Venue Manager will remain responsible for all of the Venue Group Member’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Venue Group Member, that Member will no longer have access to any Venue Manager or Visitor information related to the applicable Venue Manager’s Listing(s).
• 7.4.4   Venue Group Members will not be reviewed by Visitors. Venue Manager activities will not affect the Reviews or Ratings for other Listings for which the Venue Group Member is a Venue Manager. Instead, the Venue Manager of such Venue Listing(s) will be reviewed by Visitors (including the Venue Group Member’s conduct and performance). Venue Managers acknowledge that Reviews and Ratings from Visitors for their Venue Listing(s) may be impacted by a Venue Group Member’s conduct and performance.

8   Terms for Visitors

• 8.1   Terms applicable to all bookings
• 8.1.1   After meeting any requirements (such as completing any verification processes) set by the Venue Manager, you can book a Venue available on the Everywhere Venues Platform by following the respective booking process. All applicable fees, including the Venue Fee, Service Fee and any applicable Taxes (collectively, “Total Fees”) will be shown to you before booking a Venue. You agree to pay the Total Fees for any booking requested in connection with your Everywhere Venues Account.
• 8.1.2   A legally binding agreement is formed between you and your Venue Manager when a booking confirmation from Everywhere Venues is received. This agreement is subject to any additional terms and conditions of the Venue Manager that apply, including the cancellation policy, rules and restrictions outlined in the Venue Listing. Everywhere Venues will collect the Total Fees at the time of the booking request or upon the Venue Manager’s confirmation in line with the Payments Terms.
• 8.1.3   If you book a Venue or Venue Service on behalf of other Visitors, you are required to ensure that every other person attending the Venue in respect of the Venue Booking meets any requirements set by the Venue Manager, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Venue Manager. You represent and warrant that you are legally authorised to act on behalf of the all other persons attending the Venue in respect of the Booking, and are responsible for all acts and omissions of persons attending the Venue for the duration of the Venue Booking. Minors may only attend a Venue if accompanied by an adult who is responsible for them.
• 8.2   Booking Venues
• 8.2.1   You understand that a confirmed booking of a Venue (“Venue Booking”) is a limited license granted to you by the Venue Manager to enter, occupy and use the Venue for the duration of your stay, during which time the Venue Manager (only where and to the extent permitted by applicable law) retains the right to re-enter the Venue, according to your agreement with the Venue Manager.
• 8.2.2   The Visitor agrees to pay all On-Costs for the booking. These costs are in addition to the venue hire charge and are payable by the Visitor. If those costs are exceeded, the Visitor is liable to pay the amount of the excess to the Venue Manager as the On-Costs. On-Costs will be specified by the Venue Manger on the Venue Listing.
• 8.2.3   There is no facility to manage the collection of On-Costs within the Everywhere Venues platform at this stage. This feature may be introduced in the future.
• 8.2.4   Venue Managers may request On-Costs for additional services, equipment and facilities. If these are not included in the Venue Price, they may be processed outside the Everywhere Venues platform. Everywhere Venues accepts no role or responsibility in transactions that occur outside our platform. Venue Managers are entirely responsible for administering the On-Cost collection process.
• 8.2.5   You agree to leave the Venue no later than the checkout time that the Venue Manager specifies in the Venue Listing or such other time as mutually agreed upon between you and the Venue Manager. If you stay past the agreed upon checkout time without the Venue Manager's consent (“Overstay”), you no longer have a license to stay in the Venue and the Venue Manager is entitled to make you leave in a manner consistent with applicable law (including but not limited to the law of trespass).
• 8.3   Booking other Venue Services
• 8.3.1   You should carefully review the description of any Venue Services you intend to book to ensure you (and any Visitors you are booking for) meet any legal, minimum age, proficiency, fitness or other requirements which the Venue Manager has specified in their Listing. You are required to inform the Venue Manager of any medical or physical conditions, or other circumstances that may impact your and any additional Visitor’s ability to safely use any Venue Service.
• 8.3.2   Before and during a Venue Service you must at all times adhere to the Venue Managers’ instructions.

9   Booking changes, Cancellations and Refunds

• 9.1   Venue Managers and Visitors are responsible for any changes to a booking that they make via the Everywhere Venues Platform ("Booking changes"), and agree to pay any additional Venue Fees, Service Fees and/or Taxes associated with such Booking changes.
• 9.2   Visitors can cancel a confirmed booking at any time in accordance with and subject to the Venue Listing’s cancellation policy, and Everywhere Venues will provide any refund due to the Visitor according to that cancellation policy. Unless extenuating circumstances exist, any amounts due to the Venue Manager under the applicable cancellation policy will be paid to the Venue Manager by Everywhere Venues according to the Payments Terms.
• 9.3   If a Venue Manager cancels a confirmed booking, the Visitor will receive a full refund of the Total Fees for that booking.
• 9.4   For Venue Services, if weather creates an unsafe or uncomfortable scenario for Visitors, Venue Managers may change or cancel a Venue Service. Everywhere Venues will work with the Venue Manager to provide Visitors either an alternative date for the Venue Service, an appropriate refund or a rebooking.
• 9.5   Everywhere Venues may at times decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons outlined in Everywhere Venues' Extenuating Circumstances Policy or:

(i) if Everywhere Venues believes in good faith, while considering the legitimate interests of both parties, such cancellation is needed to prevent significant harm to Everywhere Venues, other Members, third parties or property, or

(ii) for any of the reasons outlined in these Terms.

• 9.6   If a Visitor suffers a Venue Issue according to the Visitor Refund Policy, Everywhere Venues may decide, in its sole discretion, to refund the Visitor part or all of the Total Fees according to the Visitor Refund Policy.

10   Ratings and Reviews

• 10.1   Within a certain time frame after completing a booking, Visitors and Venue Managers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other and the Venue. Any Ratings or Reviews reflect the opinion of person Members and do not reflect the opinion of Everywhere Venues. Ratings and Reviews are not verified by Everywhere Venues for accuracy and may be incorrect or misleading.
• 10.2   Ratings and Reviews by Visitors and Venue Managers must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Everywhere Venues’ Content Policy and Extortion Policy.
• 10.3   Members must not manipulate the Ratings and Reviews system in any way, such as instructing a third party to write a positive or negative Review about another Member.
• 10.4   Everywhere Venues reserves the right, but is not obliged, to remove a Review if in the opinion of Everywhere Venues, the Review breaches these Terms.

11   Damage to Venues, Disputes between Members

• 11.1   As a Visitor, you are responsible for leaving the Venue at the time of check out (including property located at the Venue) in the condition it was in when you arrived. You are responsible for your own acts and are also responsible for the acts of any person whom you invite to, or otherwise provide access to, the Venue, except the Venue Manager (and the persons the Venue Manager invites to the Venue, if applicable).
• 11.2   If a Venue Manager claims and provides evidence that you as a Visitor have damaged a Venue or property at a Venue, the Venue Manager and you as a Visitor must sort this out between yourselves. Everywhere Venues also reserves the right to otherwise collect payment from you and pursue any remedies available to Everywhere Venues in this regard in situations in which you are responsible, including, but not limited to, in relation to any payment requests made by Venue Managers.
• 11.3   Members agree to cooperate with and assist Everywhere Venues in good faith, and to provide Everywhere Venues with information and take actions that are reasonably requested by Everywhere Venues, regarding any complaints or claims made by Members relating to Venues or any property located at a Venue and other agreements. A Member shall, upon Everywhere Venues' reasonable request, participate in mediation or other resolution processes with another Member, which will be provided by Everywhere Venues or a third party selected by Everywhere Venues or its insurer.
• 11.4   If you are a Visitor or a Venue Manager Group Member, you understand and agree that Everywhere Venues may make a claim under your own insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Venue or any property located at a You agree to cooperate with and assist Everywhere Venues in good faith, and to provide Everywhere Venues with information as may be reasonably requested by Everywhere Venues, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Everywhere Venues may reasonably request to assist Everywhere Venues in accomplishing this.

12   Insurance

• 12.1   Venue Managers are responsible for their Venues and are expected to hold public liability and property and contents insurance for those Venues. Venue Managers should inform and confirm with their insurance provider the extension of their coverage to include their operations with Everywhere Venues.
• 12.2   Visitors are responsible for the safety and proper behaviour and actions of themselves and any people their have granted access to the Venue during their booking.
• 12.3   Venue Managers may require Visitors to provide their own general and public liability and property insurance policy when booking Venues.

13   Rounding off

• 13.1   Everywhere Venues may, in its sole discretion, round up or round down amounts that are payable from or to Visitors or Venue Managers to the nearest whole functional base unit of a currency (i.e. to the nearest dollar); for example, Everywhere Venues will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

14   Taxes

• 14.1   As a Venue Manager you are solely responsible for deciding on your obligations to report, collect, remit or encompass in your Venue Fees any required sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
• 14.2   Applicable tax legislation may require us to collect appropriate Tax information from Venue Managers, or to withhold Taxes from payouts to Venue Managers, or both. If a Venue Manager does not provide us with the documentation that we need to meet our obligations (if any) to withhold Taxes from payouts to you, we reserve the right to suspend all payouts, withhold such amounts as required by law, or to do both, until the issue is resolved.
• 14.3   You understand that any appropriate government agency, department and/or authority ("Tax Authority") where your Venue is located may require Taxes to be collected from Visitors or Venue Managers on Venue Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Venue Fees set by Venue Managers, a set amount per day, or other variations.
• 14.4   In certain jurisdictions, Everywhere Venues may decide at its discretion to facilitate in the collection and remittance of Taxes from or on behalf of Visitors or Venue Managers, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Everywhere Venues or Venue Managers have an Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorise Everywhere Venues to collect Taxes from Visitors on the Venue Manager's behalf at the time Venue Fees are collected, and to remit such Taxes to the Tax Authority. The sum of Taxes, if any, collected and remitted by Everywhere Venues will be visible to and stated separately to both Visitors and Venue Managers on their respective transaction documents. Where Everywhere Venues is facilitating Collection and Remittance, Venue Managers are not permitted to collect any Taxes being collected by Everywhere Venues relating to their Venues in that jurisdiction.
• 14.5   You agree that any claim or cause of action relating to Everywhere Venues' facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Everywhere Venues in connection with facilitation of Collection and Remittance, if any. Visitors and Venue Managers agree that we may require additional amounts from you in the event that the Taxes collected and/or remitted are inadequate to fully dismiss your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by Everywhere Venues from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
• 14.6   Everywhere Venues reserves the right, with prior notice to Venue Managers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Venue Managers and Visitors are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Venues in that jurisdiction.

15   Prohibited Activities

• 15.1   You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Everywhere Venues Platform. In connection with your use of the Everywhere Venues Platform, you will not assist or enable others to:

(i) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;

(ii) use the Everywhere Venues Platform or Shared Content for any purposes that are not expressly permitted by these Terms or in a manner that wrongly implies Everywhere Venues endorsement, partnership or otherwise misleads others as to your connection with Everywhere Venues;

(iii) copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Everywhere Venues Platform in any way that is inconsistent with Everywhere Venues’ Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

(iv) use the Everywhere Venues Platform to distribute unsolicited commercial messages ("spam");

(v) offer, as a Venue Manager, any Venue that you do not yourself have the right to occupy and/or to make available through the Everywhere Venues Platform;

(vi) unless Everywhere Venues explicitly permits otherwise, book any Venue if you will not actually be using the Venue yourself;

(vii) contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Everywhere Venues Platform, including, but not limited to, recruiting or otherwise requesting any Member to join third-party services, applications or websites, without our written approval;

(viii) discriminate or harass someone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;

(ix) use, display, mirror or frame the Everywhere Venues Platform or Shared Content, or any person element within the Everywhere Venues Platform, Everywhere Venues' name, any Everywhere Venues trademark, logo or other proprietary information, or the layout and design of any page or element contained on a page in the Everywhere Venues Platform, without our express written consent;

(x) dilute, tarnish or otherwise harm the Everywhere Venues brand in any way, including through unauthorised use of Shared Content, registering and/or using Everywhere Venues or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Everywhere Venues domains, trademarks, taglines, promotional campaigns or Shared Content;

(xi) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Everywhere Venues Platform for any purpose

(xii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Everywhere Venues or any of Everywhere Venues' providers or any other third party to protect the Everywhere Venues Platform;

(xiii) attempt to decode, decompile, deconstruct or reverse engineer any of the software used to provide the Everywhere Venues Platform;

(xiv) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Everywhere Venues Platform; or

(xv) violate or breach anyone else’s rights or otherwise cause harm to anyone.

• 15.2   You acknowledge that Everywhere Venues has no obligation to monitor the access to or use of the Everywhere Venues Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to:

(i) operate, secure and improve the Everywhere Venues Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);

(ii) ensure Members’ compliance with these Terms;

(iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or government body;

(iv) respond to Member Content that it determines is harmful or objectionable; or

(v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Everywhere Venues in good faith, and to provide Everywhere Venues with information and take actions as may be reasonably requested by Everywhere Venues regarding any investigation by Everywhere Venues or a representative of Everywhere Venues regarding the use or abuse of the Everywhere Venues Platform.

• 15.3   If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who:

(i) engages in offensive, violent or sexually inappropriate behavior,

(ii) you suspect of stealing from you, or

(iii) engages in any other disturbing conduct, you should immediately report this person to the appropriate authorities and then to Everywhere Venues by contacting us with your police station and report number (if available). Your report will not oblige us to take any action beyond what may be required by law (if any) or cause us to incur any liability to you.

16   Term and Termination, Suspension and other Measures

• 16.1   This Agreement shall be effective for a 30-day term, after which it will automatically and continuously renew for subsequent 30-day terms until you or Everywhere Venues end the Agreement.
• 16.2   You may end this Agreement at any time via the "Cancel Account" feature on the Everywhere Venues Platform or by sending us an email. If you cancel your Everywhere Venues Account as a Venue Manager, any confirmed booking(s) will be automatically cancelled and your Visitors will receive a full refund. If you cancel your Everywhere Venues Account as a Visitor, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Venue’s cancellation policy.
• 16.3   Without limiting our rights specified below, Everywhere Venues may end this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
• 16.4   Everywhere Venues may immediately and without notice end this Agreement if:

(i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,

(ii) you have provided inaccurate, fraudulent, outdated or incomplete information;

(ii) you have breached any applicable laws, regulations or third party rights, or

(iii) Everywhere Venues believes in good faith that such action is reasonably necessary to protect the personal safety or property of Everywhere Venues, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

• 16.5   In addition, Everywhere Venues may limit or temporarily or permanently suspend your use of or access to Everywhere Venues Services:

(i) to comply with applicable law, or the order or request of a court, regulatory or other administrative agency or government body, or if

(ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights,

(iii) you have supplied incorrect, fraudulent, outdated or incomplete information during the Everywhere Venues Account registration, Listing process or thereafter,

(iv) you and/or your Venues or Venue Services at any time fail to meet any applicable quality or eligibility criteria,

(v) you have continually received poor Ratings or Reviews or Everywhere Venues otherwise becomes aware of or has received complaints about your performance or conduct,

(vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or

(vii) Everywhere Venues believes in good faith that such action is reasonably necessary to protect the personal safety or property of Everywhere Venues, its Members, or third parties, or to prevent fraud or other illegal activity.

• 16.6   Everywhere Venues may:

(i) refuse to service, delete or delay any Venue Listings, Ratings, Reviews, or other Member Content;

(ii) cancel any pending or confirmed bookings;

(iii) limit your access to or use of the Everywhere Venues Platform;

(iv) temporarily or permanently revoke any special status associated with your Everywhere Venues Account; or

(v) temporarily or permanently suspend your Everywhere Venues Account.

• 16.7   In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Everywhere Venues and invited to resolve the issue to Everywhere Venues' reasonable satisfaction.
• 16.8   If we take any of the measures described above:

(i) we may refund your Visitors in full for any and all confirmed bookings that have been cancelled, regardless of preexisting cancellation policies, and

(ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

• 16.9   When this Agreement has been ended, you are not entitled to a restoration of your Everywhere Venues Account or any of your Member Content. If your access to or use of the Everywhere Venues Platform has been limited or your Everywhere Venues Account has been suspended or this Agreement has been ended by us, you may not register a new Everywhere Venues Account or access and use the Everywhere Venues Platform through an Everywhere Venues Account of another Member.
• 16.10   Subject to applicable legislation in your own jurisdiction, if you or we end this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

17   Disclaimers

• 17.1   If you choose to use the Everywhere Venues Platform or Shared Content, you do so voluntarily and at your sole risk. The Everywhere Venues Platform and Shared Content is provided “as is”, without warranty of any kind, either express or implied.
• 17.2   You agree that you have had the opportunity to investigate the Everywhere Venues Services, laws, rules, or regulations that may be applicable to your Listings and/or Venue Manager Services you are receiving and that you are not relying upon any statement of law or fact made by Everywhere Venues relating to a Listing.
• 17.3   If we choose to undergo identity confirmation or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
• 17.4   You agree that some Venues and Venue Services may carry permanent risk, and by participating in those Venue Services, you freely accept those risks. For example, some Venue Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully accept those risks by choosing to participate in those Venue Services. You assume full responsibility for the choices you make before, during and after your participation in a Venue Service or attendance at a Venue. If you bring a minor as an additional Visitor, you are solely responsible for the supervision of that minor over the duration of your Venue Service and to the maximum extent permitted by law, you agree to release and hold harmless Everywhere Venues from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Venue Service or in any way related to your Venue Service.
• 17.5   These disclaimers apply to the maximum extent permitted by the relevant and applicable law. You may have other statutory rights. However, the duration of statutorily necessary warranties, shall be restricted to the maximum extent permitted by law.

18   Liability

• 18.1   You acknowledge and agree that, to the maximum extent permitted by law, the total risk arising out of your access to and use of the Everywhere Venues Platform and Shared Content, your publishing or booking of any Venue via the Everywhere Venues Platform, your stay at any Venue, participation in any Venue Service or any other interaction you have with other Members whether in person or online remains with you.
• 18.2   Neither Everywhere Venues nor any other party involved in creating, producing, or delivering the Everywhere Venues Platform or Shared Content will be liable for any incidental, special, exemplary or consequential damages, including loss of 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:

(i) these Terms,

(ii) from the use of or inability to use the Everywhere Venues Platform or Shared Content,

(iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Everywhere Venues Platform, or

(iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Venue Manager Services, whether based on warranty, contract, tort (including negligence), product liability or any other cause, and whether or not Everywhere Venues has been informed of the possibility of such damage, even if a limited remedy set forth within these terms is found to have failed of its essential purpose.

• 18.3   Everywhere Venues’ aggregate liability arising out of or in connection with these Terms and your use of the Everywhere Venues Platform including, but not limited to:

(i) your publishing or booking of any Venue Listings via the Everywhere Venues Platform, or

(ii) from the use of or inability to use the Everywhere Venues Platform or Shared Content and in connection with any Venue or Venue Service, or

(iii) interactions with any other Members,

shall be limited to the amounts you have paid or owe for bookings via the Everywhere Venues Platform as a Visitor in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Venue Manager, the amounts paid by Everywhere Venues to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (A$100), if no such payments have been made, as applicable.

• 18.4   The limitations of damages set out above are fundamental elements of the basis of the agreement between Everywhere Venues and you.

19   Indemnification

• 19.1   You agree to release, indemnify, and hold Everywhere Venues 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:

(i) your breach of these Terms or our Policies or Standards,

(ii) your improper use of the Everywhere Venues Platform or any Everywhere Venues Services,

(iii) your interaction with any Member, attendance at a Venue, participation in a Venue Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind emerging in relation with or as an outcome of such use, stay, or participation.

(iv) Everywhere Venues’ Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.

20   Dispute Resolution and Mediation Agreement

• 20.1   Disputes between Venue Managers and Visitors are not the responsibility of Everywhere Venues. Everywhere Venues may use reasonable attempts, but is not obliged, to assist with resolution of disputes
• 20.2   If any dispute arises between a Member and Everywhere Venues out of or relating to this agreement, including with regard to its existence, validity or termination, the parties must first in good faith use their best efforts to resolve it by discussion and agreement.
• 20.3   Each party must make every good faith effort to meet and otherwise progress discussions aimed at resolving the dispute.
• 20.4   If a dispute remains unresolved within 28 business days of being notified to Everywhere Venues, Any party may by written notice to the other party to refer the dispute to mediation, in which case the following applies:

(i)the parties must participate in good faith in mediation of the dispute;

(ii) the mediation is to be administered by a mediator agreed by the parties or, failing agreement, administered by the Australian Disputes Centre (ADC) and shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to aDC (The Guidelines), and

(iii) The parties agree that no party may have recourse to arbitration or commencing litigation until the mediation has been completed.

• 20.5   The Guidelines are hereby deemed incorporated into these Terms.
• 20.6   This clause shall survive termination of this agreement.

21   Feedback

• 21.1   We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Everywhere Venues Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Everywhere Venues Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

22   Applicable Law and Jurisdiction

• 22.1   You accept that Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New South Wales, Australia for all disputes arising out of or in connection with this Agreement

23   General Provisions

• 23.1   Except as they may be added to by additional terms and conditions, policies, guidelines or standards, these Terms represent the entire Agreement between Everywhere Venues and you, and supersede any and all prior oral or written understandings or agreements between Everywhere Venues and you in relation to the access to and use of the Everywhere Venues Platform.
• 23.2   No joint venture, partnership, agency, or employment relationship is present between you and Everywhere Venues as an outcome of this Agreement or your use of the Everywhere Venues Platform.
• 23.3   These Terms do not and are not intended to extend to any rights or remedies upon any person other than the parties.
• 23.4   If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
• 23.5   Everywhere Venues’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Other than as expressly stated in these Terms, the use remedies by either party under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
• 23.6   You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Everywhere Venues' prior written consent. Everywhere Venues may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to end this Agreement at any time remains unaffected.
• 23.7   Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Everywhere Venues via email, Everywhere Venues Platform notification, or messaging service (including SMS).
• 23.8   If you have any questions about these Terms please email us.