Terms & Conditions

1. Introduction and acceptance

1.1 These terms and conditions (Terms) govern access to and use of the website located at https://unleased.com.au/ and any related applications, tools or services (together, the Platform), operated by The Warehouse Collective Pty Ltd trading as Unleased.

1.2 The Platform connects businesses and individuals who have warehouse, storage, workshop or similar commercial space available (Hosts) with businesses and individuals looking to find such space (Space Seekers), primarily for spaces under 500 square metres across Australia.

1.3 By accessing or using the Platform, creating an account, posting a Listing, or otherwise indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

1.4 We may update these Terms from time to time in accordance with clause 18 (Changes to these Terms). Continued use of the Platform after any update constitutes acceptance of the updated Terms.

1.5 If you are using the Platform on behalf of a company, partnership, trust or other entity, you confirm that you have authority to bind that entity to these Terms, and “you” refers to that entity as well as you personally.

2. Definitions

Account

means a registered user account on the Platform.

Host

means a user who lists, advertises or offers a Space on the Platform.

Space Seeker

means a user who searches, lists or enquires about occupying a Space via the Platform.

Listing

means an advertisement for a Space posted on the Platform by a Host or a Space Seeker.

Space

means the warehouse, pallet racking, storage, workshop, yard or other commercial space (or portion of it) described in a Listing.

Host Agreement

means any lease, licence, sub-lease, sub-licence or other occupation or access agreement entered into directly between a Host and a Space Seeker in relation to a Space.

Platform

has the meaning given in clause 1.1.

Content

means any text, images, data, information or other material submitted, posted or displayed on the Platform by a user, including Listings, messages and reviews.

3. What Unleased is — and is not

3.1 Unleased operates an online advertising and introduction platform. We provide the technology that allows the advertising of Space and allows Space Seekers to search for, list space wanted, and enquire about and communicate with Hosts.

3.2 Unleased is not a real estate agent, letting agent, property manager, broker or party to any Host Agreement. We do not own, manage, lease, sub-lease, control or occupy any Space listed on the Platform. Any Host Agreement, and any arrangement for access to or use of a Space, is made directly and exclusively between the relevant Host and Space Seeker.

3.3 We do not inspect, verify, vet or guarantee any Space, Listing, Host, Space Seeker or Content. We do not guarantee the accuracy, completeness, legality, safety or suitability of any Listing or Space, including as to size, condition, zoning, permitted use, compliance with law, or availability.

3.4 We do not conduct background, identity, credit, insurance or working-with-children checks (or any other checks) on Hosts or Space Seekers, and make no representation as to the suitability, reliability or trustworthiness of any user.

3.5 Nothing in these Terms, and nothing done by Unleased (including facilitating messaging or displaying a Listing), constitutes a recommendation or endorsement by Unleased of any Host, Space Seeker, Listing or Space.

4. Eligibility and accounts

4.1 To use certain features of the Platform you must register for an Account. You must provide accurate, current and complete information and keep it up to date.

4.2 You must be at least 18 years old and capable of forming a legally binding contract under Australian law to register an Account.

4.3 You are responsible for maintaining the confidentiality of your Account login details and for all activity that occurs under your Account. You must notify us immediately of any unauthorised use of your Account.

4.4 We may suspend, restrict or terminate any Account at our discretion in accordance with clause 15 (Suspension and termination).

5. Listings — content and prohibition on identifying information

5.1 Hosts are solely responsible for the accuracy and legality of their Listings, including the description, photographs, pricing, availability, permitted use and any other details.

5.2 To protect the integrity of the Platform and ensure Hosts and Space Seekers connect and transact through Unleased, Listings, Listing photographs, and any public-facing profile or Listing content must not contain identifying or contact information, including (without limitation):

1. full business or trading names, ABNs or ACNs;
2. phone numbers, mobile numbers, fax numbers;
3. email addresses;
4. specific street addresses (only suburb, region and postcode may be shown, unless we indicate otherwise);
5. website URLs, social media handles, QR codes or links to third-party platforms;
6. any signage, letterhead, watermark or image content that discloses the above; and
7. any other information reasonably capable of identifying a specific person, business or premises, or of allowing a user to be contacted or located outside the Platform.

5.3 We may edit, redact, reject or remove any Listing or Content, or any part of it, that we reasonably believe breaches clause 5.2 or any other part of these Terms, without notice and without liability to any user.

5.4 We do not warrant that we will detect or remove all Content that breaches clause 5.2, and Hosts and Space Seekers remain responsible for their own compliance.

6. No circumventing the Platform

6.1 The Platform’s messaging system is the intended and required means by which Hosts and Space Seekers communicate before entering into a Host Agreement.

6.2 You must not use the Platform, its messaging system, or any Content to solicit, arrange or facilitate a Host Agreement, or any equivalent arrangement, with a view to avoiding, reducing or circumventing any fees payable to Unleased.

6.3 Without limitation, you must not:

1. request, provide or exchange contact details (phone number, email, business name, physical address, social media or messaging handles) via the Platform for the purpose of continuing discussions off-Platform in order to avoid Unleased’s fees;
2. direct another user to a third-party website, listing service or communication channel to complete a transaction that was introduced via the Platform; or
3. re-list, on or off the Platform, a Space or enquiry sourced through the Platform for the purpose of avoiding fees.

6.4 Breach of this clause 6 is a material breach of these Terms and may result in immediate suspension or termination of your Account under clause 15, in addition to any other rights we have, including recovery of any fees that would otherwise have been payable.

7. Fees

7.1 Unleased operates on an advertising fee model. Hosts pay Unleased a listing fee to advertise a Space on the Platform, Space Seekers pay Unleased a fee to advertise the space they are looking for or connect with a Host on the Platform as set out in our then-current pricing page at https://unleased.com.au/pricing or as otherwise notified at the time of listing.

7.2 Listing fees are payable in the manner and at the frequency described at the time you create or renew a Listing (for example, as a one-off, subscription or renewal fee). Unless otherwise stated, listing fees are payable regardless of whether a Host successfully finds a Space Seeker, and are non-refundable.

7.3 Unleased is not a party to, and does not charge, collect, hold or process any rent, licence fee, bond, deposit or other payment relating to the use or occupation of a Space. All such payments are a matter to be agreed and made directly between the Host and Space Seeker under their Host Agreement.

7.4 We may change our fees at any time, with changes taking effect for new or renewing Listings from the date notified.

7.5 All fees are stated exclusive of GST unless otherwise indicated, and GST (where applicable) will be added at the prevailing rate.

8. Arrangements between Hosts and Space Seekers

8.1 Any Host Agreement, and all terms relating to access, use, condition, rent, bond, insurance, duration, permitted use and termination of a Space, are matters to be negotiated and agreed entirely between the Host and the Space Seeker. Unleased is not a party to, and has no obligations under, any Host Agreement.

8.2 Hosts and Space Seekers are strongly encouraged to: inspect the Space in person before agreeing to occupy or grant access to it; put the terms of their arrangement in writing; obtain their own legal, insurance and other professional advice; and satisfy themselves as to the identity, standing and suitability of the other party.

8.3 Unleased has no obligation to, and does not, mediate, adjudicate or otherwise become involved in any dispute between a Host and a Space Seeker, although we may, at our discretion and without obligation, assist users in contacting one another.

9. No liability for the Space or activities conducted there

9.1 To the maximum extent permitted by law, Unleased accepts no responsibility and no liability whatsoever for:

1. the condition, safety, cleanliness, structural integrity, zoning, permitted use, or legal compliance of any Space;
2. any injury, illness, death, loss or damage to any person or property arising from or connected with access to, occupation of, or activities conducted at or in connection with any Space;
3. any goods, equipment, stock or property stored, kept or used at a Space, including loss, theft or damage;
4. the conduct, actions or omissions of any Host, Space Seeker, or any of their respective employees, contractors, visitors or invitees; or
5. any dispute, breach, non-performance or termination of a Host Agreement.

9.2 The Space, and any activities conducted at or from it, are the sole responsibility of the Host and the Space Seeker under their Host Agreement. Hosts and Space Seekers are responsible for obtaining and maintaining their own appropriate insurance (including, as relevant, public liability, contents, landlord and business insurance) in respect of the Space and their use of it.

9.3 Nothing in this clause 9 excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including any consumer guarantee under the Australian Consumer Law that applies to the services Unleased itself supplies (namely, the advertising and Platform services described in clause 3) — see clause 13.

10. User conduct

10.1 You must not use the Platform to:

1. post false, misleading, deceptive, defamatory, offensive or unlawful Content;
2. breach any applicable law, including in relation to planning, zoning, work health and safety, or fair trading;
3. infringe any person’s intellectual property, privacy or other legal rights;
4. harass, threaten or discriminate against another user;
5. scrape, copy or extract data from the Platform other than as permitted by us;
6. interfere with or disrupt the Platform, including introducing malicious code; or
7. impersonate any person or misrepresent your affiliation with any person or entity.

10.2 We may investigate and take any action we consider appropriate in response to a suspected breach of this clause 10, including removal of Content and suspension or termination of an Account.

11. Content and intellectual property

11.1 You retain ownership of Content you submit to the Platform. By submitting Content, you grant Unleased a non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, adapt and display that Content for the purpose of operating, promoting and improving the Platform.

11.2 You must only submit Content that you own or have the right to submit, and that does not breach these Terms.

11.3 All intellectual property in the Platform itself (excluding user Content), including its design, software, text, look and feel, and the “Unleased” name and logo, is owned by or licensed to Unleased. You must not copy, reproduce or exploit any part of it without our prior written consent.

12. Privacy

12.1 We collect, use, hold and disclose personal information in accordance with our Privacy Policy at https://unleased.com.au/privacy which forms part of these Terms.

12.2 You must comply with applicable privacy laws in respect of any personal information you access or receive via the Platform (for example, information exchanged through messaging once a Host and Space Seeker choose to identify themselves to one another), and must not use it for any purpose other than assessing or progressing a potential Host Agreement.

13. Disclaimers and limitation of liability

13.1 To the maximum extent permitted by law, the Platform and all Content are provided “as is” and “as available”, without warranty of any kind, whether express or implied, including as to accuracy, availability, merchantability or fitness for a particular purpose.

13.2 Certain legislation, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), may confer on you rights, warranties, guarantees and remedies relating to the supply of goods or services by us which cannot be excluded, restricted or modified (Non-Excludable Guarantees). Nothing in these Terms excludes, restricts or modifies any Non-Excludable Guarantee.

13.3 Except in relation to Non-Excludable Guarantees, and to the maximum extent permitted by law:

1. Unleased excludes all conditions, warranties and guarantees, whether express, implied or statutory, in connection with the Platform and these Terms;
2. Unleased’s liability to you for any loss or damage of any kind, however arising, whether in contract, tort (including negligence), statute or otherwise, in connection with the Platform or these Terms, is limited, at our option, to the resupply of the relevant Platform services or the amount of fees actually paid by you to Unleased in the twelve (12) months preceding the event giving rise to the liability; and
3. Unleased is not liable for any indirect, special, or consequential loss, loss of profits, loss of revenue, loss of business opportunity, or loss of data, arising out of or in connection with the Platform or these Terms, even if we have been advised of the possibility of such loss.

13.4 Where a Non-Excludable Guarantee applies and Unleased’s liability for a failure to comply with it cannot be excluded but may be limited, our liability is limited (where the failure relates to services) to the resupply of the services, or the payment of the cost of having the services supplied again, at our option.

14. Indemnity

To the maximum extent permitted by law, you indemnify and will keep indemnified Unleased, its officers, employees, contractors and agents against any claim, loss, liability, cost or expense (including reasonable legal costs) arising out of or in connection with: (a) your breach of these Terms; (b) your Content or Listing; (c) your use of the Platform; (d) any Host Agreement or your dealings with another user; or (e) your negligent, wrongful or unlawful act or omission, except to the extent caused by our own negligence or wilful misconduct.

15. Suspension and termination

15.1 We may suspend, restrict or terminate your Account or access to the Platform, and remove any Listing or Content, at our discretion and without notice, including where we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful conduct, or attempted to circumvent the Platform under clause 6.

15.2 You may close your Account at any time by contacting us. Closing your Account does not entitle you to a refund of any fees already paid, except as required by law.

15.3 Clauses which by their nature are intended to survive termination (including clauses 8, 9, 13, 14, 16 and 19) continue to apply after your Account is closed or these Terms are terminated.

16. Dispute resolution

16.1 Any dispute between a Host and a Space Seeker relating to a Space or a Host Agreement is a matter between those parties. Unleased is not obliged to participate in resolving such disputes but may provide contact information or other reasonable assistance at our discretion.

16.2 If you have a complaint about the Platform itself, please contact us using the details in clause 20 so we can attempt to resolve it.

17. General

17.1 Entire agreement. These Terms, together with our Privacy Policy and any pricing terms referenced in clause 7, constitute the entire agreement between you and Unleased regarding the Platform.

17.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.

17.3 No waiver. A failure or delay by Unleased in exercising any right does not operate as a waiver of that right.

17.4 Assignment. You must not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time.

17.5 Force majeure. We are not liable for any failure or delay in performing our obligations where that failure or delay results from circumstances beyond our reasonable control.

17.6 Notices. We may give notice to you via the Platform, email, or any contact details you have provided.

18. Changes to these Terms

We may amend these Terms at any time by posting the updated Terms on the Platform, with the “last updated” date revised accordingly. Where changes are material, we will use reasonable endeavours to notify registered users. Your continued use of the Platform following any change constitutes your acceptance of the amended Terms.

19. Governing law

These Terms are governed by the laws of South Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of South Australia and courts of appeal from them.

20. Contact us

If you have any questions about these Terms, please contact us at: