Hawker Spaces – Website Terms & Conditions

This website of Hawker Spaces Pty Ltd (“Hawker Spaces”, “we”, “us”) has been created, is owned and controlled by Hawker Spaces.

Hawker Spaces is a retail technology business.

Whenever you (as a customer or a potential customer of Hawker Spaces) access or use this website and in consideration for Hawker Spaces allowing you to access or use the website, you agree to these Website Terms and Conditions and Hawker Spaces’ Privacy Policy (“Website Terms and Policies”).

  1. This website www.hawkerspaces.com and related mobile/tablet applications (“the Website”) have been created and are owned and controlled by Hawker Spaces.
  2. The Website Terms & Policies govern your access to and use of the Website.
  3. We may change these Website Terms & Policies at our discretion. By continuing to access or use this Website, you accept these Website Terms & Policies as they apply, including as amended, from time to time.
  4. You access the Website at your own risk and you are responsible for compliance with the laws of your jurisdiction and the Website Terms & Policies.
  5. You should immediately cease accessing and using the Website if you do not agree to the Website Terms & Policies.
  1. The Website Terms and Policies form an agreement between Hawker Spaces and the customer/user in relation to the customer/user’s use of the Website (“Agreement”).
  2. Whenever you access or use the Website and in consideration for Hawker Spaces allowing you access to or use of the Website, you:
  1. Warrant to us that you have reviewed this Agreement (including these Wesbite Terms and Conditions and the Privacy Policy), with your parent or legal guardian (if you are under 18 years of age), and you understand it;
  2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us and that you are at lease 18 years of age; and
  3. agree to and warrant to us that you will abide by the terms and conditions contained in the Agreement.
  1. You should immediately cease accessing and using the Website if you do not agree to the Website Terms & Policies.
  2. You must not create a user account and use the services of Hawker Spaces if you are under 18 years of age.
  3. By accessing and using the Website and/or using the services of Hawker Spaces, you acknowledge that you have read, understood, and accepted this Agreement and you have the authority to act on behalf of any person or entity for whom you are using the Hawker Spaces services, and you are deemed to have agreed to this Agreement on behalf of any entity for whom use the Hawker Space services.
  1. Prior to making a booking on the Website, you must create an account and become a registered user of the Website.
  2. To create an account and become a registered user, you must:
  1. be over 18 years of age;
  2. provide all of the required details. Hawker Spaces will deal with this information in accordance with its Privacy Policy;
  3. reside in Australia;
  4. be capable of entering into a binding agreement with Hawker Spaces; and
  5. agree to these Website Terms & Policies.
  1. You must ensure that all of your information supplied to Hawker Spaces remains accurate and up to date.
  2. Once you have successfully created an account and registered as a user of the Website, you will be provided with a username and password for accessing the Website.
  3. You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact Hawker Spaces immediately.
  4. Hawker Spaces may disable your account or use of the Website and in seeking services provided by the Hawker Spaces at any time, without notice and for any reason.
  1. You must only access and use the Website in accordance with
  1. these Website Terms & Policies;
  2. all applicable laws and regulations.
  1. You agree to not:
  1. use a false identity or provide false details to Hawker Spaces;
  2. use the Website for any other purpose other than for making, varying or cancelling a booking with Hawker Spaces or for communicating with Hawker Spaces in relation to a booking;
  3. send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
  4. use the Website to cause harm or offence to any other person;
  5. use the Website in any way that will infringe any third party’s rights;
  6. do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
  7. data mine or conduct automated searches on the Website or the content on the Website, whether through the use of additional software or otherwise;
  8. create links from the Website to any other website on the internet, or frame or mirror the Website without our prior written consent;
  9. use the Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
  10. attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
  11. copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under theseWebsite Terms & Policies ;
  12. use the Website in a way that might cause damage or loss to Hawker Spaces or affect its brand or reputation;
  13. use the Website for commercial purposes;
  14. allow or assist anyone else to carry out the abovemntioned acitivities;
  15. use the Website or any services provided by the Website for any acitivities, or transmit to or via the Website any informations or material (including submitting ads), which (i) breach any laws or regulations, (ii) breach the Website Terms and Policies, (iii) infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets), (iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential, (v) are false or misleading, (vi) are discriminatory in breach of State or Commonwealth anti-discrimination legislation, (vii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority or (viii) attempt to do, or permit another person to do, any or the above acts.
  16. violate or breach any of the Website Terms & Policies or any laws which relate to them.
  1. You agree to indemnify Hawker Spaces and each of the officers, employees, agents, contractors, suppliers and licensors of Hawker Spaces in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms & Policies, or any other default or wrongful conduct in relation to the subject matter of these Website Terms & Policies, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
  1. You agree to provide to Hawker Spaces, as applicable, all reasonable required information and details requested by Hawker Spaces, as applicable.
  2. You warrant and agree that:
  1. you will only access and use the Website to make a booking with Hawker Spaces;
  2. you will abide by and comply with all terms and conditions in the Website Terms and Policies and the Licence Agreement with Hawker Spaces
  3. all information you have provided to Hawker Spaces and to the Doctors is true and accurate;
  4. you have not ommitted disclosing any information to Hawker Spaces that is or might be relevant to your suitability and capacity to use the Hawker Spaces services; and
  5. you will not act in any way when using the Website or during any period during which you licence a site from Hawkers Spaces that will or would likely result in damage or loss to the business of Hawker Spaces, any property licenced by Hawker Spaces or its reputation or brand.
  1. When you use the Website and the encrypted chat service which forms part of the Website, you grant Hawker Spaces an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Terms & Policies.
  2. All information submitted to the Website through the encrypted chat service will be confidential between you and Hawker Spaces and will not be made publicly available.
  3. You warrant that the content that you upload to the Website:
  1. will comply with these Website Terms & Policies;
  2. will not be illegal or of an unlawful nature;
  3. will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and
  4. has not been subject to any legal proceeding or dispute.
  1. You agree to indemnify and keep indemnified Hawker Spaces against any claim, loss, damage, costs and/or expenses that Hawker Spaces may suffer or incur in relation to or arising out of the content you upload to the Website.
  2. Hawker Spaces reserves the right, and you acknowledge Hawker Spaces’ right, to remove or alter any content that you submit to the Website.
  1. Hawker Spaces owns the Website and all of the contents of the Website which includes all text, images, details, data, icons, videos, photographs, information, graphics, logos, trademarks, business/trading names, design, layout, downloads, pricing, software, products and services (“Hawker IP”) is owned or licensed by Hawker Spaces.
  2. Unless otherwise indicated, we reserve all copyright in the content and design of the Website and Hawker IP. Hawker Spaces owns all such copyright or use it under licence or applicable law.
  3. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of Hawker IP may in any form or by any means (including any code) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Hawker Spaces.
  4. Nothing in these Website Terms & Policies or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of the Hawker IP to you.
  5. Hawker Spaces reserves all other rights in Hawker IP and the Website.
  1. As part of the normal operation of this Website, your internet browser will be sent a "cookie" (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to Hawker Spaces’ server and so we can track your use of the Website. It is not used to identify you personally.
  2. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Hawker Spaces in accordance with these Website Terms & Policies.
  3. Your personal username and password to access the Website protect your privacy. We recommend that you do not disclose, share or reveal your account details to any other individual.
  1. Hawker Spaces is making the Website available for users to use, however it does not assume a duty of care to users. Hawker Spaces makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the services provided via the Website.
  2. To the maximum extent permitted by law, Hawker Spaces will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:
  1. your use of the Website;
  2. the use or reliance on information, including any publication, contained on or linked to from this Website;
  3. the contents of any website referred to on, or linked to from this website; or
  4. your licence of any premises from Hawker Spaces.
  1. Hawker Spaces does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
  2. Hawker Spaces does not warrant that the services or any medications provided via your use of the Website are fit for your intended purpose.
  3. If any law implies a condition or warranty into these Website Terms & Policies which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
  4. Under no circumstances will Hawker Spaces be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on the information, graphics, materials, content and all works on the Website.
  5. You agree to indemnify and keep Hawker Spaces indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website.

Hawker Spaces’s Privacy Policy forms part of these Website Terms & Policies. By accessing the Website, you agree to Hawker Spaces’s Privacy Policy. A copy of the Privacy Policy can be found here.

  1. If you have a complaint in relation to use of the Website, you may contact us via email at support@hawkerspaces.com
  2. In relation to complaints against Hawker Spaces:
  1. you must notify us of the details of the complaint as soon as possible;
  2. a representative of Hawker Spaces will contact you to discuss your complaint;
  3. if your complaint is not resolved in your discussion with a Hawker Spaces representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Law Institute of Victoria;
  4. the parties will be bound by the decision of the selected expert with respect to the complaint; and
  5. the parties will share the costs of engaging the expert equally.
  1. The laws of Victoria in Australia govern these Website Terms & Policies, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Victoria in Australia, in your use of this Website and these Website Terms & Policies.
  2. If any of these Website Terms & Policies are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms & Policies will not be impacted.
  3. If Hawker Spaces does not act in relation to a particular breach by You of these Terms and Conditions of Use, this will not be treated as a waiver by Hawker Spaces of its right to act with respect to subsequent or similar breached.
  4. Hawker Spaces reserves the right to seek all remedies available at law and in equity for violations of these Website Terms & Policies, including but not limited to the right to block access from a particular IP address.

Please contact us at support@hawkerspaces.com if you have any queries with respect to these Website Terms & Policies