Website Terms of Use

Last updated: June 23, 2019

BEFORE USING THIS SITE PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS
What's in these terms?

These terms set out the rules for using our website at eventspace3d.com and any sub-domains, apps and other derivatives thereof (our “Site”).

Who we are and how to get in contact with us

https://eventspace3d.com is a site operated by Event Space 3D Pty Ltd (“We”). We are registered in Australia under Australia Company Number (ACN) 632 604 141 and we have our registered office at Level 3, 1060 Hay Street, West Perth, WA 6000.

To contact us, please email: support@eventspace3d.com

By continuing to use our Site you agree with these terms

By using the Site, you confirm that you agree with these conditions and terms of use and accept to be bound by them.

If you do not accept these terms, you must not continue using our Site.

We suggest to print out this page with our Terms of Use for your reference.

There are other terms that may be applicable to you

These terms of use are to be read in conjunction with the following additional terms, which also apply to our site and your use of it:

  • Our Privacy Policy which lays out how we process any personal data that that we collect from you, or that you provide to us.
  • Our Cookie Policy, which details information about the cookies used on our Site.
  • Our Acceptable Use Policy, which explains the permitted and prohibited uses of our Site. When using our Site, you must adhere to this Acceptable Use Policy.

If you purchase services from our Site, or subscribe for our services the relevant Terms of Supply will apply. If there is any contradiction between the relevant Terms of Supply and these Website Terms of Use, the relevant Terms of Supply shall take priority.

We may change these terms

We reserve the right to change these terms at any time. Every time you use our Site, please review these terms to make sure you understand the terms that are current at that time.

We may change our Site

We may upgrade, update and change our Site from time to time to reflect changes to our users’ needs, our services and our business priorities.

We may suspend or close down our Site

Access to our site is made available free of charge to the public, but fees may be payable should you wish to list properties or obtain 3D property photography or other services we may offer from time to time, or access certain information and materials if applicable.

We do not guarantee that our Site, or any part of it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for operational and business reasons. We will attempt giving you ample notice of any upcoming suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet access point are aware of these website terms of use and other applicable terms and conditions, and that they equally adhere to them.

You must ensure that your account details are kept safe

If you choose, or you are given a User ID, password or any other piece of information as part of our safety and security procedures, you must keep such information confidential. You must not disclose this information to any third party.

We have the right to disable any User ID or password, whether chosen by you or provided by us, at any time, if in our reasonable opinion you have failed to adhere to any of the conditions of these Website Terms of Use.

If you know or suspect that anyone other than you knows your User ID or password, you must advise us without delay at support@eventspace3d.com​

How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those materials are covered by international and local copyright laws and treaties. All such rights are reserved.

You may download excerpts, and print off one copy of any page(s) from our Site for your personal use and you may bring this material to the attention of others within your organisation.

You must not modify the paper or digital copies of any works you have downloaded or printed off in any way, and you must not use any photos, illustrations, videos or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any named contributors) as the authors of content on our Site must always be attributed.

You must not use any part of the content on our site for commercial purposes without first obtaining our written consent to do so.

If you print off, copy or download any part of our Site in breach of these Website Terms of Use, your right to use our Site will cease immediately and you must, upon our instructions, return or destroy any copies of the materials you have made.

Event Space Listings

When you create a listing using our Site (“Listings“) you may be required to upload logos, images or text (“Customer Materials“). You must be the lawful owner or licensee of any such Customer Materials, or have express permission from your clients to use their Materials, and any such Customer Materials must comply with our Content Standards as set out in our Acceptable Use Policy.

Where you have purchased a Listing Subscription or a Photography Service product (whether on a one-off basis or as part of a subscription), then your use of that Listing will be subject to our Acceptable Use Policy as the case may be, and the relevant Terms of Supply.

Data Limits

When you set up a EventSpace3D account, you will be granted access to set up unlimited paid listings for your property needs. This service is offered without any representations or warranties. You are responsible for setting up and maintaining your Listings to remain current and should not rely on us to do so.

From time to time we may offer Listing-Creation Services at a cost.

In the event that you have purchased such a service and we have created the listing and switched it live on the website after receiving your agreement to do so, you will be responsible for the ongoing management of said Listing unless we have been contracted as part of a subscription or other maintenance package to do so on your behalf.

Do not rely on information on this Site

The content on our site is provided for general information only. It is not intended as advice for you to rely on. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.

Although we make reasonable efforts to keep the information on our site current, we make no guarantees, representations or warranties, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and our various terms of use do not extend to those sites.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Site, including private users who are not property professionals. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@eventspace3d.com

Our responsibility for loss or damage suffered by you

If you have purchased a Listing Subscription from us, then our liability will be as advertised and determined by the features, terms and conditions of the Service or Subscription you purchased.

If you have not purchased a Service or a Subscription from us, then our responsibility to you will be governed as follows:

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our services to you, which will be set out in the relevant Terms of Supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Site; or
    • use of or reliance on any content displayed on our Site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • If you are a consumer user you agree not to use our site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the device or provide you with monetary compensation. However, we will not be liable for damage that was caused by you failing to correctly follow instructions and especially adhering to deadlines, such as timely renewals of a Listing-Subscription, or to have in place the minimum system requirements advised by us from time to time.
Uploading content or Customer Materials to our Site

Whenever you make use of a feature that allows you to upload content to our Site, to make contact with other users of our Site, or to upload Customer Materials to our Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant and represent that any such contribution or Customer Materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and representation.

We also have the right to disclose your identity to any third party who is claiming that any content posted or Customer Materials uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy

You are solely responsible for securing and backing up your content.

Rights you are giving us to use content you upload

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties for viewing. The rights you license to us are described in “Rights you are giving us to use material you upload” below.

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the website and across different media.

Advertising

In due time we plan to roll out on-page advertising as an additional feature on the platform.

This means that your listing page may be showing one (1) banner advertisement in an aesthetic position which blends into the overall design. 

Such advertisements will:

  1. All be manually approved by our admin team
  2. NOT be from competitors of yours
  3. Only ever be a complementing business. E.g., if your space is listed as a wedding event space, we may show businesses like Hairdressers, Limo Hires, Wedding Photographers, or the likes.
  4. Either be still images or can be animated GIF’s
  5. Link out to the advertisers approved link
Rights you are giving us to use Customer Materials you upload

Any Customer Materials you upload to our Site will be considered non-confidential. You or your clients retain all ownership rights in your Customer Materials, but you grant us a non-exclusive licence to use, store and copy that content for the purposes of providing you with the relevant service on our Site. Full details can be found in the relevant Terms of Supply.

Permitted Use and prohibited Data Extraction

Permitted use. You are not permitted to use this website other than for the following purposes: (i) viewing this website; (ii) browsing property listings; (iii) contacting listing owners; (iv) purchasing 3D Photography services and listing/hosting subscriptions or any other services and products we may offer from time to time; (v) contacting us; (vi) transferring to other websites through links provided on this website; and (vii) making use of other facilities that may be provided on the website.

The use of automated systems or software to extract data from this website or any of our subdomains, apps or other online properties for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written licence agreement with Event Space 3D Pty Ltd which permits it access to Event Space 3D’s data and information.

Malicious software

We are not responsible for viruses and you must not introduce them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via DDOS or DOS attacks. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Rules about linking to our Site

You may link to our home page, or to specific venue space listings provided you do so in a way that is fair and legal and does not damage abuse our reputation. 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or a listing page unless expressly agreed with us.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact support@eventspace3d.com

Our contents are copyright

You are not permitted to use any of our content without our permission, unless it is a part of material you are using as permitted under how you may use material on our Site.