Become a Host

Last Updated 16/11/22

Set Book Pty Ltd (ABN 31 625 347 024) of 1/457 Elizabeth Street, Surry Hills, NSW, 2010 Australia ("Set Book", "us", "we", "our") owns and operates the Set Book website at the domain (www.setbook.com.au) (the "Website") and any associated mobile applications and platforms.

Set Book enables Host Members to publish venues, sites or properties that they own on the Website (Host Listing), and enables Creative Members to scout the Host Listings for the purposes of hiring a site or property for their shoots, campaigns or productions (Bookings) ("Services").

The Services are provided to users subject to the following terms and conditions ("Terms of Service"). These Terms of Service govern your use of and access to the Website and Services, and create a binding agreement between you and Set Book.

If you do not agree and are not willing to accept all the terms and conditions in these Terms of Service, you must not use or access Set Book.

In order to access and use all our Services, you must become a member of Set Book (see Section 3). You can become a Set Book "Member", by signing up as either a "Host" (see Section 4) or a "Creative" (see Section 5).

Please read and consider these Terms of Service very carefully, as they detail your agreement with Set Book whether as a visitor or registered, paid Member (with visitors and users collectively referred to as "you", "your").

You will always be able to view the most current version of these Terms of Service by clicking on the "Terms of Service" link via Set Book's website homepage.

On the above understanding, it is hereby agreed between you and Set Book:

1. Acceptance of Agreement:

1. Your access to our Website and the Services is subject to your acceptance and agreement with the terms, conditions, notices and disclaimers contained in these Terms of Service.
2. You must be at least eighteen (18) years old and able to enter into legally binding contracts to access and use the Website and become a Set Book Member.
3. By accessing or using the Website or the Services:
   1. You warrant that you are at least eighteen (18) years old and you are able to enter into legally binding contracts; and
   2. You agree to these Terms of Service.
4. These Terms of Service commence at the time you acknowledge your acceptance of these Terms of Service by accessing or using Set Book, submitting an Application to and/or registering to become a Member, and shall continue unless cancelled or terminated by either you or Set Book in accordance with the provisions of these Terms of Service.
5. Notwithstanding anything to the contrary under these Terms of Service, Set Book may at its entire discretion use a one-step or two-step authentication processes requiring Members to agree to these Terms of Service when becoming a Member. You must indicate your acceptance of these Terms of Service when prompted, in order to remain entitled to access the Set Book Website and Services.
6. The rules and conditions detailed on the Website, including without limitation on a Host Listing, will form part of these Terms of Service, and you shall at all times uphold any requirements listed therein.
7. You warrant and agree that these Terms of Service take precedence over any third party terms and conditions, policies, standards or guidelines that you accept as a result of your use of or access to the Website or the Services.

2. Set Book Services:

1. Set Book provides an online marketplace, through the Website, that enables its registered users ("Members") to transact directly through the Website.
2. Set Book provides the Services for the purpose of enabling the efficient booking of sets, venues or properties for shoots (photography, film or video), campaigns or productions ("Creative Projects").
3. Set Book is not a real estate broker, a property agent or an insurer and does not provide services in relation to those industries.
4. Set Book does not offer, create, own, sell, provide, deliver, control or supply any Host Listings.
5. Host Members are responsible for all Host Listings, and when a Creative Member books a Host Listing, the respective Members enter into a contractual relationship with one another. Set Book provides these terms to govern your access and use of the Website and Services, but Set Book is not a party to any contractual relationship between Members.
6. Set Book is not acting as an agent, representative, employee, joint venturer or partner of Members. Members are solely responsible for their own actions and conduct.

3. Membership:

1. For the purposes of these Terms of Service, "Host Member" has the meaning set out under Section 4.2(a) and "Creative Member" has the meaning set out under Section 5.2(a).
2. In order to access and use all of the Services, such as hosting and booking a Host Listing, you must become a Member of Set Book by completing the Set Book application form ("Application"). Once Set Book has assessed and approved your Application, your online account will be registered with us ("Set Book Account").
3. Set Book reserves the right to request additional information from you before determining the success of your Application. You acknowledge and accept that Set Book is under no obligation to approve your Application for membership ("Membership").
4. When completing the Application, you will be required to provide us with information about you, your company and/or your property, including without limitation your name, your company's name (if applicable), your email address, your profession, your preferred Membership type and any other information requested under the Application ("Membership Information"). Set Book reserves the right to verify your Membership Information at their discretion.
5. You will be required to select a username and password that will be associated with your Set Book Account. This may be facilitated through the Application or through the Website, or a social networking service once the Application has been approved.
6. You are solely responsible for maintaining the confidentiality and security of your Set Book account username and password and you may not permit another person, other than yourself or authorised representatives of your company, to use your Set Book Account, including your username and password to access your Set Book Account.
7. If you are registering to become a Member on behalf of a company or other legal entity, you represent and warrant that you are the director of the company or have the requisite authority to legally bind the corporate entity and grant all necessary permissions and licenses in accordance with these Terms of Service.
8. Set Book reserves the right to verify your authority to register as a Member on behalf of a company or other legal entity but provides no warranty or representation that it has confirmed or corroborated that authorisation.
9. You agree that your Membership Information is true, accurate, current, and complete, and you will promptly update your Membership Information as necessary so that it continues to be true, accurate, current and complete.
10. If we approve your Application, we will require your continued acceptance of these Terms of Service before your Membership registration can be processed. You will be sent an authorisation email, which you must authorise in order to process your Membership.
11. Set Book reserves the right to make your access to and use of the Services or Website conditional on successfully completing the Application, and any verification processes or meeting specific quality, eligibility, screening, and identification or authorisation requirements. However, Set Book provides no warranty or representation that it has confirmed or corroborated a user's identity or eligibility to access and use the Website and/or Services.
12. Set Book reserves the right to limit or restrict your access to and use of the Services, at its entire discretion, subject to:
    1. Your compliance with these Terms of Service;
    2. You meeting ratings or review thresholds as specified under Section 9;
    3. Your booking or cancellation history;
    4. Your eligibility and authority to register as a Member and access or use the Website or Services on your own behalf or on behalf of someone else;
    5. The appropriateness, quality or suitability of your property listing; and
    6. The appropriateness, quality or suitability of your intended activities on a Host Property hired through the Website;
13. By accessing and using the Set Book Website and Services, you represent and warrant that you are not listed on any government or government authorised agency document or list as a prohibited person, you do not have any criminal allegations or convictions against you (including, but not limited to sexual offences) and you do not have any current criminal allegations against you.
14. To the extent permitted at law, you are responsible for all activity that occurs under your Set Book Account. If you believe that the security of your Set Book Account information has been lost, stolen, misappropriated or otherwise compromised, you must notify Set Book immediately and change your username and password through the account settings feature.
15. You warrant and agree that under no circumstances will you (or any individual using your Set Book Account) engage in any of the following conduct in connection with your use of Set Book, all of which is strictly prohibited:
    1. Offer a Host Property if you do not own the Host Property or are not authorised with the direct and express permission of the Host Property owner to offer the Host Property in accordance with these Terms of Service;
    2. Book a Host Listing for another person or entity, without disclosing that to the Host Member and ensuring that such other person or entity agrees to these Terms of Service;
    3. Use the Services in order to make contact with another Member in relation to the Services independent of the Set Book Website;
    4. Request, accept or make any payment in connection with a Booking independently of the Set Book Website, Services or associated payment platforms; or
    5. Make contact with another Member for any purpose other than in direct connection with a Booking or intended Booking.

4. Host Members:

1. The following terms are specific for Host Members. If you are a Host Member, you warrant and represent that you have read, acknowledge, understand and agree with the terms under this Section.
2. Becoming a Host Member:
   1. A "Host Member" is a Member that:
      1. is resident in Australia;
      2. owns a property in Australia, or is authorised to promote and offer a property on this Website in accordance with these Terms of Service with the direct and express permission of the property owner ("Host Property");
      3. lists the Host Property on the Website for the purpose of making the Host Property available for bookings by Creative Members ("Host Listing");
      4. is entitled to authorise and permit the use of the property in accordance with these Terms of Service;
      5. and agrees to comply with these Terms of Service.
   2. If you wish to be Host Member, you must satisfy the eligibility criteria and choose the "Host Member" option completing your Application to register your Set Book Account.
   3. If a Host Member does not own the relevant Host Property, they warrant and represent that:
      1. they have the direct and express authorisation of the Host Property owner to deal with and offer the Host Property in accordance with these Terms of Service;
      2. it is the sole responsibility of the Host Member to procure that the Host Property owner undertakes and agrees to these Terms of Service, and to account to the Host Property owner (if applicable) in connection with all activities, Bookings, communications, monies or other matters in relation to the Host Property;
      3. and the Host Property owner has read, understood and agrees to these Terms of Service.
   4. Host Members will be asked to provide information about the Host Property, which will be published on the Website via their Host Listing.
   5. Host Members acknowledge and agree that when the Host Property is booked by a Creative Member it will be made available to that Creative Member on the dates and at the times of the booking for use as advised by the Creative Member.
   6. By becoming a Host Member, you warrant and represent that you understand that:
      1. there is a risk that the Host Property, and any surrounding property that must be accessed in order to enter or exit the Host Property and any other personal property, fittings and utilities, connected to the Host Property ("Connected Properties"), may be damaged or destroyed, that items on the Host Property may be damaged, lost or stolen and that injury, harm or damage may be caused to persons on the Host Property as a result of using the Services;
      2. the Creative Member that hires or books the Host Property is responsible for any damage, loss, injury, theft, harm or any other claim that you may have in relation to a Booking;
      3. and Set Book will, at no stage, be responsible or liable for any damage, loss, injury, theft, harm or any other claim, except to the extent that such claim is caused by Set Book's act, omission or negligence.
   7. Host Members acknowledge and agree that their Booking Fee and any Extended Booking Fee, Overtime Fee or Service Fee will be collected and paid in accordance with Section 6.
3. Listings:
   1. When completing an Application, Host Members will be required to provide Set Book with information in relation to the Host Property, and Host Members must provide complete, accurate and up-to-date information about the Host Property in accordance with Set Book's questionnaires. Such information may include, without limitation:
      1. the address of the Host Property;
      2. a detailed description of the Host Property;
      3. general information about the calendar availability for the Host Listing;
      4. and any rules, restrictions or limitations on a Creative Member's use of the Host Property, such as any parts of the property that cannot be used or any type of Creative Project that is prohibited on the Host Property ("Host Rules").
   2. Set Book will publish and control all Host Listings on the Website, and Set Book will be entitled, at their reasonable discretion, to update or change the content on a Host Listing in a manner that accurately and favourably reflects the Host Property.
   3. If a Host Member wishes to update or change their Host Listing, they must contact Set Book to request the change or update. Set Book may consult with the Host Member about their requested change or update, but Host Members acknowledge and agree that the final approval for any Host Listing change or update will be at Set Book's discretion.
   4. If a Host Member's Application is approved, Set Book will send a representative to the Host Property to inspect and scope the Host Property. If Set Book is satisfied that the Host Property is suitable for publication on the Website, Set will Book produce and publish the Host Listing on the Website.
   5. Set Book may take professional photography and video footage of the Host Property for inclusion on the Host Listing ("Property Images"), for inclusion on the Host Listing.
   6. If a Host Member wishes to use their own or third party photography or video footage of the Host Property ("Third Party Images"), the Host Member must notify Set Book before Set Book generates the Property Images, and send Set Book the Third Party Images for approval.
   7. Set Book will approve or reject Third Party Images at its entire discretion. Without limiting this Section, Set Book will not approve Third Party Images if it is not satisfied that the Host Member fully owns the Third Party Images or has all rights and licences required for Set Book to reproduce the Third Party Images in accordance with these Terms of Service and without infringing any third party intellectual property rights.
   8. Host Members agree to notify Set Book immediately if the Host Property undergoes any change, alteration, design modification, damage, or renovation or as soon as possible after plans are made for the Host Property to undergo change, alteration, design modification or renovation, and Host Members are responsible for ensuring that their calendar availability corresponds with the dates for any renovation or building works associated with the Host Property.
   9. Set Book will disclose the locality of the Host Property on Host Listings, but will not disclose the Host Member's full address to Creative Members until 48 hours prior to the commencement of a Booking Period.
   10. It is the responsibility of Host Members to keep the information relevant to their Host Listings complete, accurate and up-to-date at all times and to notify Set Book of any changes immediately so that Set Book can make relevant updates on the Website, including, but not limited to any Host Rules.
   11. Any Host Rules or conditions included in a Host Listing, including without limitation in relation to Host Rules, fees and change or cancellation conditions, must not conflict with these Terms of Service.
   12. It is the sole responsibility of Host Members to clearly notify and communicate any Host Rules to Set Book for inclusion on the Host Listing, and Host Members acknowledge and agree that:
       1. Host Members cannot expect or require compliance with a restriction that is not expressly published on the Host Listing prior a Booking being made;
       2. Host Rules cannot be added to a Booking after the Booking has been made;
       3. and unless it is excluded by the Host Rules or these Terms of Service, or would cause damage to the Host Property, Creative Members with confirmed Bookings are entitled to use the Host Property as is required to complete their Creative Project or to fulfil the Intended Purpose for their Creative Project. This may include, without limitation, using all available rooms/areas in the Host Property, using a range of equipment on the Host Property, having a number of personnel, cast, crew or representatives on the Host Property, moving personal properties (such as furniture) around and/or adding props, furniture or temporary fittings to the Host Property.
   13. It is the sole responsibility of Host Members to ensure that the calendar availability for the Host Listing is accurate and up-to-date, and Host Members acknowledge and agree to:
       1. make the Host Property available to Creative Members with a Booking, on the dates and at the times confirmed in the Booking (the "Booking Period");
       2. and not change or cancel a Booking, except in accordance with Section 8 (Booking Changes or Cancellations).
   14. Host Members acknowledge and agree that:
       1. all fees in connection with a Booking will be managed and paid in accordance with Section 6 (Payments) and Section 7 (Set Book Service Fee);
       2. Set Book will be entitled to approve all the fees relating to the Host Property;
       3. Host Member's are not entitled to change any fees relating to a Host Property without Set Book's approval;
       4. Host Members cannot require that Creative Members pay any amount that is higher than the Booking Fee confirmed in a Booking request;
       5. and goods and services tax (GST), and equivalent value-added taxes, are not included in the Booking Fee unless otherwise noted on the Host Listing.
   15. Host Members acknowledge and agree that:
       1. the ranking and placement of Host Listings in search results on the Website depends on a various factors, including without limitation, Creative Members' search words, preferences and parameters, the quality of a Host Listing's reviews and ratings, the Host Rules, the Booking Fee and calendar availability;
       2. the ranking and placement of Host Listings may vary depending on the variables mentioned above, and the Set Book algorithms; and
       3. Set Book takes no responsibility for the ranking or placement of a Host Listing.
   16. Set Book reserves the right to decide, in its sole discretion, if a Host Listing will be published on the Set Book Website.
4. Host Member Permissions:
   Host Members acknowledge and agree that:
   1. Creative Members with a valid Booking will have full access to enter and use the Host Property and any Connected Properties for the full duration of the Booking Period and in connection with their Creative Project;
   2. Set Book will be entitled to enter the Host Property in order to conduct an inspection of the Host Property and to take photographs and video footage of the Host Property for the purposes of creating and developing the Property Images;
   3. Set Book will be entitled to enter the Host Property during a Booking Period if Set Book considers it necessary in order to ensure compliance with these Terms of Service or to assist the relevant Members by managing activities at the Host Property during a Booking Period, but Set Book is under no obligation to enter the Host Property for the aforementioned purposes and will do so at their discretion;
   4. Host Members may not be present in the areas of the Host Property where the Creative Project takes place, unless otherwise agreed with the relevant Creative Member. For the avoidance of doubt, Host Members may not interfere with a Creative Project, unless necessary to comply with relevant laws, or in order to ensure compliance with these Terms of Service;
   5. Any Property Images generated, created or developed by Set Book are the sole property of Set Book, and Set Book will own and control all rights in the Property Images (including in relation to copyright and trademarks) in accordance with Section 10.2 (Set Book Content);
   6. For the avoidance of doubt, all intellectual property rights in the Property Images will vest in Set Book upon their generation, creation or development;
   7. Unless otherwise expressly agreed between Set Book and Host Members, Set Book will be entitled to use, reproduce, publish, communicate or otherwise exploit the Property Images on the Website, in Host Listings, on Set Book's digital platforms, in Set Book communications and on third party platforms or via third party communications for purposes directly related to providing the Services (such as displaying the Host Property in a Host Listing), and for related promotional, marketing and archival purposes;
   8. Members are prohibited from reproducing, downloading, copying or using the Property Images (even if they feature a Member's own property) for any purpose without Set Book's express, written permission; and
   9. Host Members will sign property release forms confirming the terms agreed under this Section if required by Set Book or the Creative Member.
5. Host member obligations:
   1. Host Members acknowledge and agree that upon receipt of a valid Booking:
      1. Host Members are entering into a legally binding agreement with the Creative Member that requested the Booking, and are required to make the Host Property available to that Creative, and their assigns, employees, representative or contractors ("Creative Representatives") as set out in the Host Listing and Booking confirmation, and in accordance with these Terms of Service; and ii. Host Members agree that the Service Fee will be payable to Set Book in accordance with Section 7 (Set Book Service Fee).
   2. Host Members must ensure that during the Booking Period, the Host Property is:
      1. available on the dates and at the times confirmed in a Booking;
      2. clean and tidy;
      3. accessible and able to be entered and exited easily by Creative Members and Creative Representatives; and iv. in the same condition and looks the same as it is portrayed in the Host Listing.
   3. Host Members represent and warrant that their access to and engagement with the Website and the Services:
      1. will not breach any third party agreements that Host Members have entered, such as mortgage arrangements, insurance agreements, rental or lease agreements, or hire agreements;
      2. and comply with all applicable laws, rules and regulations, including but not limited to zoning laws, tax requirements, insurance laws and permit, licenses or registration requirements.
   4. Host Members are responsible for their own conduct (including any acts, omissions or negligence) and the conduct of any other persons, other than Creative Members or their Creative Representatives, residing or visiting the Host Property, whether during or outside of a Booking Period.
   5. Host Members are solely responsible for determining their tax and reporting obligations in relation to listing and hiring the Host Property via the Website, including without limitation obligations to report, collect, remit or include in the Booking Fee any applicable GST, similar value-added tax, income tax or other taxes.
   6. Host Members are responsible for complying with Section 6 (Payments) in the event that a change or cancellation of a Booking is necessary.
6. Host Member Insurance:
   1. Host Members represent and warrant that:
      1. they will hold and maintain relevant home, property and contents insurance that covers the Host Member adequately in connection with the commercial use of the Host Property and its contents in accordance with these Terms of Service ("Home Insurance").
      2. the Home Insurance must be current for the entire duration of their Membership;
      3. the Home Insurance will cover the Host Member for any loss, damage, destruction or harm to the Host Property or to the contents, goods or items in the Host Property, in connection with a Creative Member's use of the Host Property;
      4. will maintain records of any and all certificates of insurance held and maintained by the Host Member in connection with the Host Property for the duration of their Membership;
      5. and will supply to Set Book any and all certificates of insurance required by Set Book or the Creative Member for checking and verification purposes promptly after receiving a request to do so.
   2. Set Book maintains the sole discretion to cancel a Booking or to cancel a Host Member's Set Book Account at any time if the Host Member does not hold adequate Home Insurance or does not supply certificates of insurance relating to the Home Insurance to Set Book as required by this Section.
7. Host Member Indemnity and Liability:
   1. Host Members understand, acknowledge and agree that Set Book is not responsible for the relationship between the Host Member and the Creative Member, and that by making a Host Property available for a Booking, Host Members agree to enter a legally binding agreement with Creative Members.
   2. Host Members agree to defend, indemnify and hold harmless relevant Creative Members and Set Book and their assigns, employees, representative or contractors ("Set Book Representatives") from any liability, claims, injury, loss, damage or expenses, including reasonable legal fees, that arise as a result of the Host Member's actions, omissions or negligence in connection with a Booking or the Host Property.
   3. Without limiting this Section, in no event shall Set Book be liable to Host Members or to any third party as a result of a Host Member's breach of this Agreement, for any claim for indirect, wilful, punitive, incidental, exemplary, special or consequential damages, for loss of profits, or damages for loss of business, whether based on contract, tort or any other legal remedy, even if we have been advised of the possibility of such damages.

5. Creative Members:

1. The following terms are specific for Creative Members. If you are a Creative Member, you warrant and represent that you have read, acknowledge, understand and agree with the terms under this Section.
2. Becoming a Creative Member:
   1. "Creative Members" are Members that are seeking to book Host Properties for the purpose of using the Host Property as a set or location for their Creative Project.
   2. There are three (3) different types of Creative Members. You must choose the one (1) type that is most appropriate to you and your circumstances when completing an Application to become a Member. The three Creative Membership types are:
      1. "Independent Creative Members" – such as photographers, creative directors, and other sole traders that are not associated with or engaged or employed by to a production company;
      2. "Location Scout Members" – persons that are engaged by third party entities to scout or locate sets or properties for the third party's Creative Project;
      3. and "Company Creative Members" – such as production companies or agencies.
   3. Independent Creative Members and Company Creative Members may use Set Book to look or scout for suitable Host Properties for their Creative Projects and may request and make Bookings for their Creative Projects from time to time.
   4. Location Scout Members may use Set Book to look for or scout suitable Host Properties for other Creative Members, but are not entitled to request or confirm Bookings. Location Scout Members may recommend Host Listings to other Creative Members through the Website.
   5. All Creative Members may flag Host Listings so that they are saved to their favourites for review later, and may recommend Host Listings to other Creative Members.
   6. Creative Members acknowledge and agree that their use of Host Properties will be limited to the dates and times associated with a confirmed Booking or as otherwise agreed with the Host in accordance with these Terms of Service.
   7. Creative Members must keep their Membership Information and Set Book Account information up to date at all times.
3. Bookings:
   1. Creative Members acknowledge and agree that Booking Fees and any Extended Booking Fee, Overtime Fee or Service Fee will be collected and paid in accordance with Section 6 (Payments).
   2. Upon making a Booking, Creative Members may be asked to provide information about their Creative Project, including any specific requirements, intentions and purposes for using the Host Property in relation to their Creative Project ("Intended Purpose"), and Creative Members agree to provide complete information about their Intended Purpose.
   3. Creative Members acknowledge and agree that the ranking and placement of Host Listings in search results on the Website depends on a various factors, including without limitation, the Creative Members search words, preferences and parameters, the quality of a Host Listing's reviews and ratings, and the whether the Host Rules, Booking Fee and calendar availability correspond with the Creative Member's search.
   4. Bookings must be made via the Website by following the booking process, and may be subject to the Creative Member satisfying any verification or requirement of Set Book.
   5. Once a Booking has been confirmed, a legally binding agreement is formed between you and the Host, subject to these Terms of Service and any additional terms and conditions of the Host that apply, including but not limited to the Host Rules.
   6. Upon making a Booking request, we will send you a Booking confirmation message. Creative Members acknowledge and agree that the Creative Member will confirm receipt of the Booking confirmation message, and if requested will re-confirm their acceptance of these Terms of Service, by following the relevant instructions in the message.
   7. Upon Booking, you agree to pay the Booking Fee specified on the Host Listing and/or Booking confirmation in accordance with Section 6 (Payments).
   8. If there are any changes to the Booking, or a Creative Member requests extended hours or additional storage services after their Booking has been approved, the relevant change in fees, Extended Booking Fee or Storage Fee will be applied to the Booking, and the Creative Member will either be invoiced for any outstanding amount owed or reimbursed for any amount owing in accordance with Section 6 (Payments).
   9. A confirmed Booking entitles Creative Members to enter and use the Host Property on the dates and at the time specified in a confirmed Booking in relation to the Creative Project and for the Intended Purpose, subject to these Terms of Services and the Creative Member's agreement with the Host Member.
   10. Host Members maintain the right to enter, use, reside in and get the full benefit, enjoyment and use of the Host Property, subject to the Creative Member's agreement with the Host Member during the Booking Period. During a Booking Period, Host Member's may remain in the Host Property, unless otherwise agreed with the Creative Member, but Host Members should not be present in the areas of the Host Property where the Creative Project takes place.
   11. Creative Members must vacate the Host Property and not impose any hindrance or obstruction to the Host's ability to re-enter and reside in the Host Property once the Booking Period expires.
   12. Creative Members agree that they are prohibited from making a Booking or using or accessing a Host Property for any purpose that does not directly relate to a Creative Project, including without limitation for the purpose of hosting events, festivals or parties or for accommodating or lodging persons or groups.
   13. The locality of the Host Property will be disclosed to Creative Members upon making a Booking, but the exact address of the Host Property will be disclosed up to 48 hours prior to the Booking Period commencing.
   14. Set Book will be entitled to enter the Host Property during a Booking Period if Set Book considers it necessary in order to ensure compliance with these Terms of Service or to assist the relevant Members by managing activities at the Host Property during a Booking Period, but Set Book is under no obligation to enter the Host Property for the aforementioned purposes and will do so at their discretion. For the avoidance of doubt, if Set Book does enter the Host Property during a Booking Period, Set Book will not interfere with the Creative Project, unless necessary to comply with relevant laws, or in order to ensure compliance with these Terms of Service.
   15. Creative Members must leave the Host Property no later than the checkout time specified in the Booking confirmation, or such other time as mutually agreed between the Creative Member and the Host Member from time to time, subject to payment of any Overtime Fee or Extended Booking Fee in accordance with Section 6 (Payments).
   16. Any stay past the checkout time, without the Host Member's explicit approval, is not permitted and Creative Member's acknowledge and agree that:
       1. the Host Member or their next of kin, assign or representative will be entitled to enforce your departure in accordance with the applicable law;
       2. an Extended Booking Fee will be incurred, which will be payable in accordance with Section 6 (Payments);
       3. and the Creative Member will be responsible for paying reasonable legal expenses incurred by the Host to enforce departure.
   17. Creative Members may not change or cancel a Booking, except in accordance with Section 8 (Booking Changes or Cancellations).
4. Creative Member Obligations:
   1. It is the sole responsibility of the Creative Member to ensure that it has obtained all relevant approvals, authorisations, permits, consents or licences in relation to the use of the Host Property for their Creative Project from all relevant councils, organisations or regulating authorities prior to confirming a Booking and making payment.
   2. Before confirming a Booking, the Creative Member is responsible for reviewing the Host Listing and any Host Rules and ensuring that:
      1. the Host Property is suitable for the Creative Project or the Intended Purpose;
      2. and the Creative Member can comply with the Host Rules.
   3. Creative Members are responsible for understanding and complying with all laws, rules and regulations that are applicable to its use of the Host Property.
   4. Creative Members must ensure that the Host Property and any Connected Properties are returned to the condition and state that they were in at the commencement of the Booking Period and must not:
      1. cause any damage, loss or destruction to the Host Property and any Connected Properties, whether directly or indirectly;
      2. or cause any permanent change, alteration or modification of the Host Property and any Connected Properties, whether directly or indirectly.
   5. Creative Members are solely responsible for any damage, loss, destruction, permanent change, modification or alteration to a Host Property and any Connected Properties that they enter and use in connection with a Booking, except to the extent that any part of the damage, loss, destruction, permanent change, modification or alteration is not caused by the Creative Member or their actions, omissions or negligence.
   6. Creative Members must seek written permission from Host Members if they wish to make any permanent changes, modifications or alterations to the Host Property. Requests must be submitted in writing via the Member's Set Book Account prior to the commencement of the Booking Period.
   7. When making a Booking the Creative Member is entering into a legally binding agreement with the Host Member, and the Creative Member and their Creative Representatives must only use the Host Property in compliance with the Host Rules, these Terms of Service and any applicable laws, rules and regulations.
   8. Any breach of a Host Rule, of these Terms of Service or of any laws, rules and regulations that are applicable to its use of the Host Property, may result in immediate suspension or cancellation of the Creative Member's Set Book Account, at Set Book's sole discretion.
   9. It is the sole responsibility of the Creative Member that confirms a Booking to ensure that they are entitled to make the Booking, and are authorised by any other relevant party (for example, their employer, company or entity) to make the Booking.
   10. The Creative Member that makes the Booking must ensure that any Creative Representative or other person that will be using the Host Property, is made aware of and agrees to these Terms of Service and any Host Rules, terms or restrictions associated with using the Host Property.
   11. Creative Members agree that Set Book will be entitled to receive or retain a proportion of the Booking Fee, in accordance with Section 7 (Set Book Service Fee);
5. Creative Member Insurance:
   1. Independent Creative Members and Company Creative Members represent and warrant that:
      1. they will hold and maintain relevant public liability insurance of at least AUD$20 million ("Public Liability Insurance"), which must be current for the entire duration of any Booking Period;
      2. the Public Liability Insurance will cover Set Book and the Host Member for any injury, loss, damage, destruction or harm to any person or property in connection with the use of the Host Property;
      3. will maintain records of any and all certificates of insurance held and maintained by the Creative Member in connection with a Booking (past or present); and iv. will supply to Set Book any and all certificates of insurance required by Set Book or the Host Member for checking and verification purposes promptly after receiving a request to do so.
   2. Set Book maintains the sole discretion to cancel a Booking or to cancel a Creative Member's Set Book Account at any time if the Creative Member does not hold adequate Public Liability Insurance or does not supply certificates of insurance relating to the Public Liability Insurance to Set Book as required by this Section.
6. Creative Member Indemnity and Liability:
   1. Creative Members understand, acknowledge and agree that Set Book is not responsible for the relationship between the Host Member and the Creative Member, and that by making a Booking, Creative Members agree to enter a legally binding agreement with Host Members.
   2. Upon making a Booking, Creative Members agree to defend, indemnify and hold harmless the relevant Host Member and/or Set Book and Set Book Representatives from any liability, claims, injury, loss, damage or expenses, including reasonable legal fees, that arise as a result of the Creative Member's or the Creative Representatives' actions, omissions or negligence in connection with a Booking or the use of the Host Property.
   3. Without limiting this Section, in no event shall Set Book be liable to Creative Members or to any third party as a result of a Creative Member or a Creative Representatives' breach of this Agreement, for any claim for indirect, wilful, punitive, incidental, exemplary, special or consequential damages, for loss of business profits, or damages for loss of business, whether based on contract, tort or any other legal remedy, even if we have been advised of the possibility of such damages.
   4. Company Creative Members that register a Set Book Account with Set Book, warrant and agree that the director noted on their Application is aware of and agrees to the indemnities specified under this Section.

6. Payments:

1. Set Book will consult with the Host before publishing fees on the Host Listing.
2. The "Booking Fee" will include:
   1. The total fee for hiring the Host Property for the Booking Period;
   2. Any storage fees that apply to store equipment or goods at the Host Property after-hours or overnight during a Booking Period ("Storage Fee");
   3. Any additional fee that applies to hiring the Host Property outside of normal business hours ("After Hours Fee"); and
   4. Any and all applicable taxes.
3. An extended hours fee will apply if, after making a Booking, the Creative Member wishes to extend their use of the Host Property beyond the Booking Period, and the Host Member agrees to the extension ("Extended Booking Fee"). If a specific Extended Booking Fee is not set on the Host Listing, the Extended Booking Fee will be equal to the usual hourly rate to hire the Host Property.
4. Booking Fees must be paid immediately by Creative Members upon confirmation of a Booking via the Website.
5. The Booking Fees will be collected by or on behalf of Set Book, and held on trust by Set Book until completion of the Booking Period.
6. At the end of the Booking Period, Set Book will transfer to the Host Member the Booking Fee amount less the Service Fee that Set Book is entitled to retain under these Terms of Service.
7. Any Extended Booking Fee, Storage Fees or other fees agreed by both Host Members and Creative Members that are applied to a Booking after the Creative Member's payment of the Booking Fee will be invoiced to the Creative Member and the Creative Member must pay the relevant outstanding fee within fourteen (14) days of receipt of a valid invoice.
8. Upon receipt of any outstanding invoiced amount from the Creative Member, Set Book will pay the Host Member the outstanding amount less the Service Fee that Set Book retains.

7. Set Book Service Fee:

1. Members acknowledge and agree that Set Book will be entitled to collect a services fee in consideration for its provision of the Services, with such fee to be calculated in accordance with this Section ("Service Fee").
2. The Service Fee will be deducted from the relevant Booking Fee that is payable to the Host Member each time Booking Fees are received from Creative Members.
3. For the avoidance of doubt, the Service Fee will also apply to and be deducted from any Extended Booking Fee, Storage Fee or Overtime Fee that a Creative Member pays to a Host Member after a Booking has been confirmed.
4. The Service Fee is thirty percent (30%) of overall fees paid by Creative Members, and is calculated on the total amount received by Set Book prior to the deduction of fees or taxes.
5. Members acknowledge and agree that upon receipt of the Booking Fee or any relevant outstanding Extended Booking Fee, Storage Fee or Overtime Fee, Set Book will deduct the Service Fee from the Booking Fee, and the remaining amount will be paid to the Host Members nominated account upon completion of the Booking Period.
   1. Creative Members will be required to make payment via Set Book's secure payment portal or via Direct Deposit.
6. The Service Fee:
   1. Will be notified to Host Member via the Website prior to publishing a Host Listing;
   2. Is non-refundable and will be collected by Set Book in accordance with this Section;
   3. But, if the Service Fee is not collected by Set Book in accordance with this Section for any reason (and is collected by the Host Member instead), it must be paid by the Host Member to Set Book in accordance with Set Book's directions or instruction; and
   4. Is subject to change at any time at Set Book's discretion and any change will be notified in writing to Members with reasonable notice prior to the Service Fee change taking effect.

8. Booking Changes or Cancellations:

1. Host Members and Creative Members must notify Set Book of any changes, modifications or cancellations to a Booking via the Website, and Set Book will communicate with the relevant Members about that change, modification or cancellation.
2. Members acknowledge and agree that the following cancellation policy will apply:
   1. Subject to Sections 8.3 and 8.4, Members may cancel a Booking without consequence any time prior to 48 hours before the Booking Period is due to commence;
   2. If Creative Members cancel a Booking anytime within the 48 hour period before a Booking Period commences, the Creative Member will remain liable to pay the total Booking Fee to the Host Member;
   3. Members acknowledge and agree that Set Book will be entitled to retain the Services Fee from any Booking Fee that is payable regardless of whether that Booking is cancelled.
3. Host Members acknowledge and agree that if they cancel a Booking within the seven (7) day period prior to a Booking Period commencing, a notice may be placed on the Host Listing that notifies other Members of the cancellation, and the Host Member's ratings may be affected by the cancellation.
4. Members acknowledge and agree that if they continuously or regularly cancel confirmed Bookings, their Set Book Account may be suspended or cancelled by Set Book, at Set Book's sole discretion.
5. If there are extenuating or unforeseeable circumstances that apply to a cancellation, Members may contact Set Book to apply for a waiver of any of the actions reflected under this Section, including the application of any Booking Fee, Host Listing notification, suspension or cancellation. Extenuating or unforeseeable circumstances will include without limitation the following:
   1. Severe, unforeseen property damage or unforeseen maintenance problems that make the Host Property unfit for the Intended Purpose;
   2. Natural disasters or severe weather incidents that impact the ability to use the Property for the Intended Purpose; or
   3. Unexpected death or serious illness of or injury to a Host or immediate family member.
6. A waiver of the Booking Fee will be approved by Set Book at their discretion, taking into consideration any extenuating or unforeseeable circumstances.
7. Set Book reserves the right to cancel a Booking if:
   1. A Creative Member does not hold Public Liability Insurance or does not supply certificates of insurance relating to the Public Liability Insurance to Set Book as required by Section 5.5 (Insurance); or
   2. It determines, at its sole discretion, that it is necessary to avoid any harm, damage, loss or injury to Set Book, other Members, third parties or property, or if any Member's registration to Set Book is terminated in accordance with these Terms of Service.

9. Reviews and Ratings:

1. After a Booking has been concluded, both Host Members and Creative Members will have the opportunity to publish a review and submit a star rating on the Website about the other.
2. All Members acknowledge, understand and accept that:
   1. The reviews and ratings will be featured publicly on the Member Set Book Account that is the subject of the review/rating;
   2. The reviews and ratings are the opinion of the Members that publish or submit them and do not reflect the opinion of Set Book;
   3. Reviews and ratings published or submitted by Members must be reasonable, truthful, honest and based on fact;
   4. Reviews and ratings must not contain any offensive, fraudulent, discriminatory, abusive or defamatory language or constitute any conduct that is prohibited by these Terms of Service;
   5. Set Book does not assess, verify or modify the ratings or reviews, but Set Book may at its sole discretion remove a rating or review if, in Set Book's reasonable opinion, it contains any offensive, fraudulent, discriminatory, abusive or defamatory language or constitutes conduct that is prohibited by these Terms of Service; and
3. Members are not permitted to modify, manipulate or change a published or submitted review or rating on Set Book, including without limitation by requiring or demanding that a third party publishes or submits a particular review or rating (positive or negative).

10. Content and Intellectual Property:

1. Member Content:
   1. Set Book may, at its discretion, permit Members to create, submit, upload and publish content on the Website, which may include, without limitation, text, reviews, images, photographs, sound and other materials ("Member Content").
   2. Members agree that by creating, submitting, uploading and publishing Member Content, Members automatically grant to Set Book a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable, transferable, sub-licensable licence to access, use, copy, store, reproduce, distribute, transmit, host, publicly display, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such Member Content in any media, form or format now known or hereafter developed, both within and outside of Set Book for the purpose of providing, communicating, managing and promoting Set Book, the Website and the Services.
   3. Members agree that by creating, submitting, uploading and publishing Member Content, you grant to other Set Book Members a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable licence to view the Member Content and to use the Member Content only as necessary to enjoy the Services in accordance with these Terms of Service.
   4. You agree that you are solely responsible for all Member Content that you create, submit, upload or publish, and you are responsible for ensuring that your Member Content complies with applicable laws including, without limitation, those relating to privacy.
   5. You warrant and represent that you are the sole and exclusive owner of your Member Content, or you have all rights, licences, consents and releases that are necessary to grant to us the licence in such Member Content as specified in these Terms of Service.
   6. You agree that you will not use Set Book to make available Member Content that:
      1. you do not have the right to make available under any contractual or fiduciary agreement or law;
      2. infringes, misappropriates or violates a third party's rights, including but not limited to patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights, or rights of publicity or privacy;
      3. results in the violation of any applicable law or regulation;
      4. is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity; v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; vi. promotes illegal activity; vii. is fraudulent, false, misleading or deceptive; viii. constitutes an advertisement or solicitation of business; or ix. contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
   7. If you believe any materials within Set Book infringes upon any copyright or any other intellectual property right that you or a third party owns or controls, please contact us at [email protected].
2. Set Book Content:
   1. Any and all images, video footage, information, content and material published, featured or included on the Website or via the provision of the Services, including without limitation the Property Images, text, graphics, logos, audio and video recordings (including their underlying works) and software, other than Member Content ("Set Book Content"), are either owned by Set Book, or have been licensed by Set Book from its licensors or the relevant producers, authors, illustrators and publishers of Set Book Content for the purposes of providing access to the Website and the Services. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
   2. The rights in the name "Set Book", its logo, trademarks and all related intellectual property are owned and expressly reserved by Set Book.
   3. No Set Book Content, including any logo, trade mark, or copyright material belonging to Set Book or featured on Set Book, whether registered or unregistered, may be used, reproduced or exploited in any way other than as expressly provided under these Terms of Service, without the prior express permission of Set Book.
   4. Except where any loss, liability, claim or demand has been caused or contributed to by a wilful, unlawful or negligent act or omission of Set Book or its subsidiaries or affiliates, you agree to indemnify Set Book and hold us harmless against any loss or damage arising from a claim by a third party as a result of your use of Set Book, including in relation to the Set Book Content or Member Content, or by otherwise using Set Book or materials incorporated in Set Book.
   5. You acknowledge and accept that use of Set Book is limited to the specific, limited usage provided under these Terms of Service, and that notwithstanding these Terms of Service, which covers the use of Set Book for purposes approved by these Terms of Service, you may still require separate licenses covering Member Content.
   6. Subject to your compliance with these Terms of Service, you are granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to view the information and materials made available through Set Book and to use Set Book, the Set Book Content and the Services.
   7. You shall not access, use, copy, store, reproduce, distribute, sell, transfer, transmit, stream, broadcast, copy, host, publicly display, publicly perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise exploit Set Book, except as expressly permitted in these Terms of Service. All rights not expressly granted herein are reserved to Set Book and their respective licensors, as applicable.
   8. Set Book may contain links to third-party websites or resources, which are not part of Set Book or owned by Set Book. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in Set Book of third party resources, including links to third party websites, does not imply our endorsement of these resources.

11. Prohibited Conduct:

1. You acknowledge and agree that under no circumstances will you (or any individual using your Set Book Account) engage in any of the following conduct in connection with your use of Set Book, all of which is strictly prohibited:
   1. Copy, record, adapt, distribute or re-transmit any or all of Set Book, except in accordance with these Terms of Service;
   2. Infringe or breach any applicable laws, regulations, third party agreements relating to the Services, third party rights and these Terms of Services;
   3. Use any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of Set Book or the Website;
   4. Manipulate or otherwise display Set Book by using framing or other similar navigational technology;
   5. Use or reproduce the Website or Services in any manner that falsely implies any endorsement, partnership or affiliation with Set Book;
   6. Do anything that may bring Set Book, the Services, another Member or a third party into disrepute or scandal, or that may dilute, tarnish or otherwise harm the reputation of the Set Book, the Services, another Member or a third party;
   7. Collect, copy, store or use any information, including personal and sensitive information, about any other Member, in any way that may violate the privacy of Members or third parties or that is inconsistent with the Australian Privacy Principles or equivalent privacy laws, regulation or standards in the relevant territory;
   8. Use Set Book, our Services or any Host Property for any other purpose other than its intended purpose, including, but not limited to:
      1. use of Set Book for any non-approved commercial purposes;
      2. the distribution of unsolicited commercial messages;
      3. the sale of access to Set Book; iv. the use of Set Book for gaining advertising or subscription revenue; v. the sale of advertising on the Set Book Website or any third party website; and vi. use of Set Book, or related resources for the purposes of competing with or displacing the market for Set Book;
   9. Use Set Book, our Services or any Host Property to abuse or harass another Member or any third party or to discriminate against another Member or any third party on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or to violate or infringe anyone else's rights or otherwise cause harm to anyone; and
   10. Use Set Book or the Services for any purpose reasonably considered objectionable by Set Book, including, but not limited to, use of Set Book for any obscene, discriminatory, abusive, violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose; providing, linking or uploading material on Set Book that contains any obscene, violent, harassing, sexually explicit, defamatory, offensive, vilifying, prejudicial, inaccurate, inappropriate or other objectionable subject matter.
2. For the avoidance of doubt, Creative Members must disclose to the relevant Host Members any intended or proposed use of a Host Property in connection with a Creative Project that contains any obscene, violent, harassing, sexually explicit, defamatory, offensive, vilifying, prejudicial, or otherwise objectionable subject matter, and the Creative Member must obtain the Host Member's express written consent to the use the Host Property in connection with a Creative Project that contains the aforementioned content prior to the Booking Period.
3. To the extent that Set Book or any Host Member has a right to seek a legal remedy in relation to this Section, Creative Members agree that Set Book and the relevant Host Member will have a right to injunctive relief.
4. If you become aware of misuse of Set Book by any person, please contact Set Book immediately: [email protected].
5. We may (but are not obligated to) do any or all of the following without notice to you:
   1. Investigate your use of Set Book, the Services or a Host Property as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
   2. Terminate your access to Set Book and the Services upon our determination that you have violated these Terms of Service; and
   3. Edit or alter Set Book, at our sole discretion.
6. You agree to cooperate with and assist Set Book in good faith where reasonably required by Set Book, and to provide Set Book with such information as may be reasonably requested with respect to any investigation, suspension or termination of your Set Book Account undertaken by us or a representative of ours or a relevant court or tribunal.

12. Dispute Resolution:

1. Members acknowledge and agree that when a Booking is confirmed, they are entering in a legally binding agreement with one another, and that if a dispute arises in relation to the Booking, the Members will endeavour to resolve the dispute expediently, reasonably and in good faith between them.
2. Where disputes cannot be resolved between the Members, Set Book reserves the right, but is not obligated, to review a matter in dispute and assist the Members with dispute resolution, upon request by one of the parties. Set Book will require the notifying to put its grievances in writing, and will provide the other party the opportunity to respond in writing. Set Book will review the information supplied to it, and any history or supporting documentation connected with either Members Set Book Account, and may make a determination at its sole discretion.
3. Where a dispute cannot be resolved under Section 12.2 above, Set Book may refer the Members to participate in mediation or a similar resolution process, which will be conducted by an impartial and independent third party referred by the Australian Institute of Arbitrators and Mediators.
4. In any complaint or dispute resolution process, Members agree to:
   1. Cooperate with other Members;
   2. Provide Set Book with all relevant information requested by Set Book;
   3. Cooperate with and assist Set Book in good faith in any dispute resolution process; and
   4. Take all reasonable actions requested by Set Book.
5. Set Book reserves the right to pursue Members in relation to any payment, claim or remedy that Set Book may have in relation to that Member, including without limitation where Set Book has incurred costs on a Member's behalf.

13. Privacy:

1. Set Book is committed to the privacy of its Members and users, and will comply with all applicable jurisdictional privacy and data laws, regulations and policies when collecting, using or storing data as a result of your use of the Website or the Services.
2. You agree to comply with all applicable jurisdictional privacy and data laws, regulations and policies when collecting, using or storing data as a result of your use of the Website or the Services (whether personally or non-personally identifiable).
3. Set Book is able to and may:
   1. Record personal information and non-personally identifiable information about your usage, including without limitation, your IP address, profile information, aggregate user data, and mobile and browser type when you use Set Book;
   2. Share information about your usage with third-parties only to the extent it is not personally identifiable; and
   3. Track and record information about Set Book traffic, Set Book usage, your activity and your user preferences, from cookies and other tracking technologies.
4. Set Book reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Set Book or the sale of substantially all of its assets to that successor in interest.

14. Termination:

1. Members who wish to cancel or terminate their Set Book Account can do so via the Set Book Account settings or by contacting us at [email protected].
2. You agree that we may discontinue, temporarily or permanently, Set Book (or any part thereof) or terminate, suspend or limit your access to or use of your Set Book Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):
   1. A request by you;
   2. A breach or violation of these Terms of Service or other laws, rules, regulations, guidelines, third party agreements associated with Set Book, the Website or the Services;
   3. Requests by law enforcement or other government agencies;
   4. A failure by you to satisfy eligibility or quality criteria in accordance with these Terms of Service;
   5. Discontinuance or material modification to Set Book (or any part thereof);
   6. Technical or security issues or problems;
   7. Extended periods of inactivity;
   8. Set Book is of the opinion that discontinuing or terminating your Set Book
   9. Account is reasonably necessary to protect the personal safety or property of Set Book, its Members or third parties; and/or
   10. Your engagement in fraudulent or illegal activities.
3. Where appropriate Set Book will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your access to or use of your Set Book Account, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your access to or use of your Set Book Account with immediate effect.
4. If you terminate or cancel your Set Book Account when you have a Booking pending, you acknowledge and agree that:
   1. Your Membership will only terminate after any confirmed Booking/s have been completed;
   2. You will fulfil all your obligations under these Terms of Service up until the end of your last confirmed Booking Period; and
   3. Any cancellation or change to your remaining Bookings will be in accordance with Section 8 (Booking Changes or Cancellations).
5. On suspension, termination or limitation of your access to or use of your Set Book Account, you may not register a new Set Book Account or access the Services through another Member's Set Book Account.
6. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your Set Book Account or access to Set Book.
7. To the fullest extent permissible at law, on termination of your Set Book Account, Section 4.6 (Host Member Insurance), Section 4.7 (Host Member Indemnity and Liability), Section 5.5 (Creative Member Insurance), Section 5.6 (Creative Member Indemnity and Liability), Section 6 (Payments), Section 8 (Booking Changes or Cancellations), Section 10 (Content and Intellectual Property), Section 16 (Disclaimer) and Section 17 (Liability) of this Agreement will survive and remain in full effect.

15. Updates to Terms of Service:

1. Set Book reserves the right to vary, update or modify these Terms of Service at any time.
2. If we make changes to these Terms of Service, we will post the revised Terms on the Website and update the "Last Updated" date at the top of these Terms of Service.
3. We will provide you with reasonable notice before updated Terms of Service become effective.
4. If you disagree with the revised Terms of Service, you must terminate this Agreement with immediate effect, via your Set Book Account settings or by contacting us at [email protected]. If you do not terminate your Agreement, your continued access to or use of the Website and Services will constitute acceptance of the updated Terms of Service.

16. Disclaimer:

1. To the maximum extent permitted at law Set Book is provided "as is", without warranty of any kind, either express or implied, and without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. To the maximum extent permitted at law we make no warranty that Set Book will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we make no warranty as to the accuracy, timeliness, completeness or reliability of any content or Service obtained through Set Book.
2. To the maximum extent permitted at law, no information provided through the Website or by Set Book in oral or written form will create any warranty not expressly made herein. Your reliance upon the content obtained or used by you through Set Book is solely at your own risk. We do not provide professional advice and we do not recommend or endorse any specific property, product, goods or services featured on the Set Book Website.

17. Liability:

1. To the maximum extent permitted at law, in no event will Set Book, Set Book Representatives, licensors, suppliers, or any third parties mentioned within Set Book or any other person or entity involved in creating, developing or delivering Set Book, be liable for:
   1. Any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms of Service or from the use of or inability to access or use Set Book, or from any communications or interactions with other Members or other persons with whom you communicate or interact as a result of your use of Set Book, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties of Set Book are advised of the possibility of such damages;
   2. Any personal injury, including death, caused by your use or misuse of Set Book or any information provided through Set Book; or
   3. Loss of data created or stored on your Set Book Account.
2. Remedies under these Terms of Service, if any, are exclusive and are limited, to the fullest extent permitted by law, to one or more of the following at Set Book's discretion:
   1. The supply of the Services again; or
   2. The payment of the cost of supplying the Services again

18. Miscellaneous:

1. These Terms of Service constitute the entire agreement between you and Set Book regarding the use of Set Book.
2. The failure of Set Book to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
3. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
4. You may not assign, transfer or otherwise sublicense your rights under these Terms of Service.
5. These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms of Service, and shall not be deemed to affect the validity and/or enforceability of any remaining provisions.
6. These Terms of Service shall be governed and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.

19. Contact Us:

1. All notices for any communications relating to these Terms of Service should be sent to [email protected] for email or 1/457 Elizabeth Street, Surry Hills, NSW 2010.