About the Website

1. 1. Welcome to www.aloca.com.au (Website)  that provides a platform dedicated to connecting businesses and creators with hosts offering locations for projects (Platform). The Website provides an opportunity for owners to host their properties, and for businesses and creators to browse and make bookings for properties that have been listed on the Platform (Services). The Website additionally offers the opportunity to browse Aloca’s journal (Journal).
   2. The Website is operated by Aloca Pty Ltd (ACN: 640 225 216). Access to and use of the Website, the Platform or the Journal is provided by Aloca.
   3. Please read these terms and conditions (Terms) carefully. By using or browsing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
   4. Aloca reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Aloca updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

        Acceptance of the Terms

                You accept the Terms by remaining on the Website.

        Registration to use the Platform 

1. 1. In order to use the Platform, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Platform, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
      • Email address
      • Password
      • ABN/ACN
      • Address
   2. You warrant that any information you give to Aloca in the course of completing the registration process will always be accurate, correct and up to date.
   3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 
   4. You may not use the Platform and may not accept the Terms if you are not of legal age to form a binding contract with Aloca.

        Your obligations as a Member

1. 1. As a Member, you agree to comply with the following:
   2. You will use the Platform only for purposes that are permitted by:

• • • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Aloca of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Aloca providing the Platform;
    • you will not use the Platform or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the use of the Platform. Appropriate legal action will be taken by Aloca for any illegal or unauthorised use of the Website.

        Hosting and Bookings on the Platform

• • Separate terms and conditions apply for hosting a property on the Platform and for making bookings on the Platform apply and will be presented for agreement prior to completing a hosting application or making a booking. 

        Member Conduct 

1. 1. As a Member, you expressly agree that you will not, through any means:
      • harm, harass, hassle or abuse other Members; or
      • send un-welcomed communication such as spam to other Members; or
      • act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
      • infringe on the intellectual property or privacy rights of any Member or any third-party.
   2. Aloca, at its discretion, reserves the right to remove, edit or alter any content created by you, on Platform or any other related platform as applicable from time to time.
   3. Aloca retains the right to revoke your Membership or deny you access to the Platform at any time. 

        Termination of Your Membership 

1. 1. You may cancel your Membership by providing written notice to Aloca by e-mail to info@aloca.com.au  

1. 1. • Aloca reserves the right to terminate your use of the Platform for breach of these Terms with 7 days notice by e-mail, except in cases of serious breaches where immediate termination may be necessary to protect the Platform or other users. 
      • If Aloca  terminates your use of the Platform, You agree to pay Aloca  all monies that are outstanding as at the date of termination. 

        Warranty 

1. 1. Aloca uses its best efforts and take all reasonable steps to deliver and maintain the Platform. However, Aloca makes no warranty that the Platform will meet your requirements or that all users will achieve the same results.
   2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Aloca and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

        Disclaimer

1. 1. You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Services and use of the Platform. As such, You agree that Aloca is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by Aloca.
   2. You understand that the Services, and any information You receive through Your involvement in the Platform, or through any materials and documents available on the Website, are not a substitute for legal, business, marketing or financial advice. Aloca recommends You seek independent accounting, legal, marketing or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. Aloca will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You or made available to You. 

        Information Disclaimer

1. 1. Any information, advice, content or documentation provided on the Website, through the Services, the Journal or on the Platform, or on any other related platform do not constitute professional, financial, business,  marketing or other advice, and are provided for general information and guidance purposes only.
   2. All care is taken in the preparation of the information and published materials on the Website, through the Services, the Journal, or on the Platform or on any other related platform. Aloca does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
   3. To the extent permissible by law, Aloca will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, the Journal, on the Platform or on any other related platform.

        Copyright and Intellectual Property

1. 1. The Website, the Services, the Platform and all of the related products of Aloca are subject to copyright. The material on the Website and the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Aloca or its contributors.
   2. All trademarks, service marks and trade names are owned, registered and/or licensed by Aloca, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:
      • use the Website pursuant to the Terms;
      • copy and store the Website and the material contained in the Website in your device’s cache memory; and
      • print pages from the Website for your own personal and non-commercial use.
   3. Aloca does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Aloca.
   4. Aloca retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
   5. You may not, without the prior written permission of Aloca and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or the Platform for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

        Privacy

• • Aloca takes your privacy seriously and any information provided through your use of the Website and/or the Platform are subject to Aloca’s Privacy Policy, which is available on the Website.

        General Disclaimer

1. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   2. Subject to this clause, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • Aloca will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   3. Use of the Website and the Services is at your own risk. Everything on the Website, the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Aloca make any express or implied representation or warranty about the Services, the Platform or material referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. 1. • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Website, the Platform, the Services;
      • costs incurred as a result of you using the Website, the Platform or the Services; and
      • the Services or operation in respect to links which are provided for your convenience.

        Third Party Services

• • The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Aloca does not control any Third-Party Services. Aloca additionally makes no claim or representation regarding the Third-Party Services and accepts   no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of   the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Aloca will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

        Limitation of liability

1. 1. Aloca’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort, in equity, under statute or otherwise, will not exceed the resupply of the Services to you
   2. You expressly understand and agree that Aloca, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

        User Generated Content

1. 1. If you choose to contribute any content to the Website or the Platform, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
   2. By contributing content to the Website or the Platform, you grant Aloca a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Aloca.
   3. Any review you publish must be honest and truthful, and must not contain any misleading or deceptive comments or be defamatory or discriminatory in any way. 
   4. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Aloca can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 
   5. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Aloca social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Aloca. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
   6. Please ensure you keep your own copies of Your Content as Aloca may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
   7. Aloca will endeavour to provide you with an appropriate credit when using Your Content on Aloca platforms, though you understand and agree this may not always be possible.
   8. Aloca reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

        Mailing List Registration 

1. 1. You may be given the option to register for the Aloca Mailing List (Mailing List). 
   2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Name
   3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Aloca.

        Indemnity

1. 1. You agree to indemnify Aloca, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. 1. • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      • any breach or threatened breach of these Terms.

        Venue and Jurisdiction

• • Any dispute arising out of or in relation to these Terms, the Website or the Platform will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Each party irrevocably submits to the personal jurisdiction of such courts and waives any objection .

        Governing Law

• • These Terms and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of New South Wales, Australia. 

        Independent Legal Advice

• • Each party represents and warrants that: (i) it has read and fully understands these Terms; (ii) it considers the provisions of these Terms to be fair and reasonable; (iii) it has had the opportunity to seek and obtain independent legal advice before entering into these Terms; and (iv) it has entered into these Terms freely and voluntarily.

        Severance

• • If any provision of these Terms is found to be invalid, void, or unenforceable by a court of competent jurisdiction, (i) such provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, will be severed from these Terms, and (ii) the remaining provisions will continue in full force and effect.