Terms OF SERVICE

17/03/17

CoLo Technology Limited (NZ Company No: 5887891)

Terms of Service

IMPORTANT:  These terms are binding on you.  It is important that you read them carefully, especially the clauses that are underlined.  These terms govern access to and use of the services that we, CoLo Technology Limited, supply to hosts and guests of office spaces using our systems and to users of our site and associated mobile applications.  If you do not agree to be bound by these Terms and our Privacy Policy, you must not use any part of our Platform or Services (as defined below).

  1. Definitions
  2. The following words and phrases have specific meanings wherever you see them used in these Terms:

Application means a CoLo application for a mobile phone, tablet or other mobile or peripheral device.

Booking means a contract between a Host and a Guest in the nature of limited licence granted by a Host to a Licensee to enter and use the Space described in the Listing for the duration of the confirmed booking, to the extent permitted by the Host’s agreement with that Licensee and these Terms (see also clause 22.5).

CoLomeans CoLo Technology Limited, a company registered in New Zealand under company number 5887891, with its registered office at 101 Packenham Street, Auckland 1010, New Zealand and our, us and we used in these Terms refer to CoLo.

CoLo Account means a Licensee’s account and profile information on the Platform.

Content means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.

Guest means a Licensee who books an Space from a Host on the Site, Application or Services.

Host means a Licensee who creates a Listing on the Site, Application and Services.

Licensee means each Host and Guest and Licensees means all of them.

Listing means the details of the Space uploaded to the Platform by a Host.

Space means Host owned or controlled premises described in a Listing.

Payment Provider means any third party provider of payment functionality enabled by us on the Platform (e.g. Stripe).

Platform means the systems (including the Site, Applications and other systems) we provide to connect Hosts and Guests and enable the provision of our Services in accordance with these Terms.

Services means the provision of the Platform to Hosts, Guests, Payment Providers and others to enable Bookings, Listings, payments, the holding of payments and our other associated services from time to time, in accordance with the Offerings these Terms.

Site means the CoLo website at [URL].

Tax means any taxes, levies, rates, fees that a Licensee may be required to pay to any local, territorial or central governmental body including, in particular but without limitation, GST, VAT, or other sales taxes.

Terms means these terms of service.

Third Party Channel means a third party social networking site or application.

you means the person who accepts these Terms in accordance with clause 2 below.

  1. Contract
  2. By using the Site, an Application, or any other part of the Platform, you confirm that you accept and agree to comply with these Terms, whether or not you become a Licensee.
  3. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.  In such case, where appropriate, “you”, “your”, “Licensee”, “Host” and “Guest”, as applicable, will refer to that entity.
  4. Please also read our Privacy Policy[link], because it will apply to all information you provide to CoLo and forms part of these Terms.  By accepting these Terms, you also accept our Privacy Policy.
  5. If you do not agree to be bound by these Terms including our Privacy Policy[link], you must not use any part of our Platform.
  6. CoLo may revise these Terms at any time by amending this page and notifying you of the change via any contact address in your CoLo Account.  The change will take effect not less than 30 days after notification.  You may cancel your CoLo Account before the changes to the Terms take effect (please see clause 7 as to what happens then).  If you continue to use any Services or any part of our Platform after the expiry of the notice period, you will be deemed to have accepted the changes to the Terms, and the new Terms will be binding on you.
  7. CoLo’s Services
  8. CoLo is not a party to the Booking itself or any other any agreement between a Host and a Guest.  CoLo has no control over the conduct of Hosts, Guests or other users of the Platform or any Space.  CoLo cannot and does not control the content of any Listings, or the condition, legality or suitability of any Space and disclaims any and all liability in that regard.  CoLo has no control over and is not responsible for the health and safety of Licensees or anyone else in an Space.  Bookings are made at the Guest’s and Host’s own respective risks.
  9. CoLo is not an owner or operator of properties or Spaces.  CoLo does not own, sell, resell, furnish, provide, rent, manage and/or control properties or Spaces.  CoLo is not a property agent or insurer.
  10. Creating a CoLo Account
  11. To either book an Space or create a Listing, you must first register to become a Licensee by creating a CoLo Account.
  12. To create a CoLo Account, you must be over 18 years of age and must not have an existing CoLo Account.
  13. You agree to provide accurate, current and complete information during the CoLo Account registration process and to update such information to keep it accurate, current and complete at all times.  If you provide any false or misleading information, CoLo may suspend or terminate your CoLo Account in accordance with clause 7.
  14. CoLo may, but is not obliged to, require you to provide reasonable evidence to verify the information you supply to CoLo when creating a CoLo Account or Listing.
  15. During the registration process, you must choose a password as part of our security procedures.  You must ensure that your password is strong and not disclose it to any third party.
  16. You must not allow others to access or use your CoLo Account, unless expressly authorised in writing by CoLo, which CoLo may permit in its sole discretion (e.g. where an assistant or employer wishes to book an Space on a Licensee’s behalf).  No matter whether anyone using your CoLo Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
  17. You must tell us immediately if you think that someone has used or has unauthorised access to your CoLo Account or password, or there has been some other security breach.
  18. Linking your CoLo Account to Third Party Channels
  19. You may link your CoLo Account to certain Third Party Channels approved by CoLo.  You may do so by either:
  20. providing your Third Party Channel information to CoLo via the Platform; or
  21. allowing CoLo to access your Third Party Channel, as permitted under the applicable terms and conditions that govern your use of the relevant Third Party Channel.
  22. If you link or grant CoLo access to any Third Party Channel, you:
  23. understand that CoLo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Channel so that it is available on and through the Platform via your CoLo Account;
  24. confirm to CoLo that you are entitled to disclose your Third Party Channel information to CoLo and grant CoLo access to your Third Party Channel, without breach by you of any of the terms and conditions that govern your use of the Third Party Channel; and
  25. acknowledge that CoLo will not review the content of your Third Party Channel for any purpose, including but not limited to for accuracy, legality or non-infringement and CoLo is not responsible for any such Content.
  26. Creating a Listing
  27. If you are a Licensee and wish to apply to create a Listing as a Host, you:
  28. must respond to the mandatory questions required by the Platform relating to the Space and terms on which the Space is to be Listed;
  29. may add optional details as allowed by the Platform from time to time; and
  30. may choose to include minimum Licensee requirements which must be met by a Licensees to be eligible to request to book your Space, including but not limited to requiring a Licensee to have a verified phone number or other contact information.
  31. Listing applications are subject to CoLo’s approval.
  32. CoLo reserves the right, at any time and without prior notice, to reject, remove, or temporarily or permanently disable access to, any Listing application or Listing, for any reason or no reason, which need not be disclosed to the Licensee.  This includes but is not limited to Listing applications and Listings that CoLo, in its sole discretion, considers to be inappropriate or objectionable, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to CoLo, the Platform or any Licensee or third party.  CoLo shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a rejected, removed or disabled Listing application or Listing.
  33. The placement or ranking of Listings in search results will depend on a variety of factors, including but not limited to location, ratings, individual Guest preferences and/or advertising fees paid by Hosts.  CoLo will have no liability to Hosts in respect of the ranking of their Listing in search results.  CoLo may at its sole discretion endorse any Host or alter rankings without providing any reason to other Hosts.
  34. CoLo is not responsible for a Host’s compliance with applicable laws, rules, regulations, or any agreements with or duties to Guests or other third parties.  As a Host, you acknowledge that you are responsible for all Listings you post.  For each Listing, you warrant and undertake to us and to each Guest that you:
  35. are the owner or an agent of the owner in respect of the Space and have full authority to post the Listing, accept a Booking and make the Space available to a Guest and any Guest invitees;
  36. have not included or failed to include any information that by its inclusion or omission makes your Listing misleading or deceptive under the NZ Fair Trading Act 1986 or any similar law in any jurisdiction;
  37. have all necessary licences and registrations and will comply with all applicable laws (including planning laws and laws governing rental of office and other property spaces), Tax requirements, licences, registrations, rules and regulations that may apply to any Space included in your Listing; and
  38. will not breach any agreements you have entered into with any third parties, or conflict with the rights of any third parties (including but not limited to lease or rental agreements).
  39. You acknowledge that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any persons who also occupy or are otherwise present at the Space at your request or invitation, excluding the Guest and Guest invitees.
  40. We recommend that you have appropriate insurance in place, which will include damage caused where you have Bookings and Guests in the Space.  As detailed in clauses 14 and 21, CoLo will not be responsible for any damage caused or losses suffered to your Space or otherwise by you or in connection with your Listings, Bookings and Guests, other than claims relating to the remittance of funds by CoLo.
  41. Terminating your CoLo Account
  42. You may close your CoLo Account or terminate one or more specific Listings at any time by following the CoLo Account closing process on the Platform.
  43. CoLo has the right to suspend or terminate any CoLo Account, or number of CoLo Accounts, or all CoLo Accounts, at any time, for any reason or no reason, which need not be disclosed to the Licensee.  This includes but is not limited to CoLo Accounts that CoLo, considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to CoLo, the Platform or any Licensee or third party.  CoLo shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated CoLo Account.
  44. If we exercise our discretion under these Terms to suspend or terminate your Listing or CoLo Account, any or all of the following can occur with or without any notice or explanation to you:
  45. your Listing or CoLo Account (as applicable) will be deactivated or suspended and you will not be able to access any part of the Platform, your CoLo Account or your Content;
  46. any pending or accepted future Bookings as either Host or Guest will be immediately terminated;
  47. we may communicate to your Guests or Hosts that a potential or confirmed Booking has been cancelled;
  48. we may refund your Guests in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies;
  49. we may contact your Guests to inform them about potential alternate Space with other Hosts that may be available on the Site, Application and Services; and
  50. you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your CoLo Account.
  51. If your CoLo Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services.
  52. Bookings and payment terms
  53. Key Definitions

[Space Fees means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Space.  The Host determines these amounts.  The Host may in its sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the CoLo platform; and/or (ii) Taxes that the Host determines that he or she has to collect.

Guest Fees means the fee that CoLo charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Space Fees.  The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

Host Fees means the fee that CoLo charges a Host for the use of its online platform, which is calculated as a fixed fee per calendar day plus a percentage of the Total Fees as may be determined by CoLo from time to time.  The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.

Service Fees means collectively the Guest Fees and the Host Fees.

Total Fees means collectively the Space Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as GST).]

  1. Bookings for Hosts
  2. If you are a Host and a Booking is requested for your Space via the Platform, you must confirm or reject the Booking request [within the acceptance period specified in the Booking request], otherwise the Booking request will automatically expire.
  3. You as a Host must not ask a Guest to pay a higher price than in your Listing and that Guest’s Booking request.
  4. When a Booking is requested, we will share with the Host information from the Guest’s CoLo Account profile page, so that the Host can view such information before confirming or rejecting the Booking request.
  5. If the Host rejects or does not respond to a Booking request [within the acceptance period specified in the Booking request], amounts collected by CoLo for the requested Booking (if any) will be refunded to the applicable Guest.[Question:  Any deductions made? – what about payment provider fees?]
  6. If the Host confirms a Booking, CoLo will send the Host and the applicable Guest a message via the Platform confirming such Booking.  The Booking will be binding as between the Host and the Guest, and may only be cancelled in accordance with these Terms.
  7. CoLo will collect the [Total Fees] from the Guests at the time of Booking confirmation in accordance with clause 9.5 [and will initiate payment of the Space Fees (less CoLo’s Guest Fees and any Taxes in respect of the Guest’s Fees, such as GST) to the Host within 24 hours of when the Guest arrives at the applicable Space.]
  8. The time it takes for the Host to receive payments may depend upon Stripe’s payment processing time, which may impose its own additional charges for the use of their services on the Host, including by deducting their charges from the amount paid to the Host.
  9. Each Host agrees that CoLo may permit the Guest to cancel the Booking in accordance with the Cancellation Policy, and refund to the Guest that portion of the Space Fees specified in the Cancellation Policy.
  10. CoLo does not guarantee payments to Hosts in breach of the Cancellation Policy, or for amounts that have not been successfully received by CoLo from Guests.
  11. Bookings for Guests
  12. If as a Guest you request a Booking with a Host, you acknowledge that the Host may accept or reject your Booking request in its sole discretion.
  13. The Host must accept or reject your Booking request [within the acceptance period specified in the Booking request], otherwise the Booking request will automatically expire.
  14. The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host.  If the Booking is not accepted by the Host within the Acceptance Period, any amounts collected by CoLo will be refunded to the Guest and any pre-authorised amounts will be cancelled (if applicable).
  15. By requesting a Booking with a Host, you agree that if that Booking request is accepted:
  16. you immediately enter into a binding contract with the Host;
  17. you will pay the Total Fees to CoLo;
  18. you agree that the agreement may only be cancelled in accordance with these Terms;
  19. you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host as set out in the Listing; and
  20. you will be responsible for performing the obligations of any such agreements and, with the exception of CoLo’s payment obligations, CoLo shall not be liable in respect of any claim arising from or related to any such agreements.  We refer you to clauses 6.5, 20 and 22.5.
  21. [Pending the Host’s confirmation of your requested Booking, you agree that CoLo, may, in its sole discretion:
  22. obtain a pre-authorisation via the nominated Payment Provide; and/or
  23. charge your Payment Provider account a nominal amount, not to exceed [NZD$1], to verify that account.]
  24. [Once CoLo receives confirmation of your Booking from the Host, CoLo will take the Total Fees in accordance with these Terms.]
  25. You agree to pay CoLo for any confirmed Bookings made in connection with your CoLo Account in accordance with these Terms.  You authorise the collection of such amounts by charging the account provided as part of requesting the Booking, either directly by CoLo or indirectly, via a nominated Payment Provider.
  26. Upon your payment of the Total Fees to CoLo, your payment obligation to the Host for the Space Fees is satisfied, and CoLo is responsible for remitting the appropriate funds to the Host in the manner described in these Terms.  In the event that CoLo does not remit any such amounts as described in these Terms, the Host will have recourse only against CoLo in respect of those amounts and not against you as a Guest.
  27. You will be subject to the nominated Payment Provider’s terms and conditions and privacy policies governing use of its services and personal information collection practices.  Please review such terms and conditions and privacy policies before using the Services.  CoLo cannot control any fees that may be charged to a Guest by a Payment Provider or the Guest’s bank and CoLo disclaims all liability in this regard.
  28. The Host, and not CoLo, is solely responsible for honouring any confirmed Booking and making available to a Guest any Space reserved through the Services.
  29. CoLo service fees
  30. In consideration for the use of CoLo’s Platform and Services, CoLo charges the Service Fees.  Where applicable, Taxes may also be charged in respect of the Host Fees and Guest Fees.  CoLo deducts the Host Fees from the Office Fees before remitting the balance to the Host as described in these Terms.  Guest Fees are, as noted above, included in the Total Fees.
  31. Except as otherwise provided in these Terms, Service Fees are non-refundable.
  32. [Cancellation Policy

Guest Cancellation

  1. If a Guest cancels a confirmed Booking more than [24 hours] prior to the time at which the Booking is due to commence, no cancellation fee shall be payable by the Guest to CoLo and/or the Host.  If a Guest cancels their requested Booking less than [24 hours] prior to the time at which the booking is due to commence, CoLo shall be retain the Total Fees.

Host Cancellation

  1. If a Host cancels a confirmed Booking:
  2. CoLo will refund the Total Fees for such booking to the applicable Guest within a reasonable time of the cancellation; and
  3. the Guest will receive a confirmatory email or other communication from CoLo containing alternative Listings and other related information.
  4. If, as a Host, you cancel a confirmed Booking, CoLo may apply penalties or consequences to you or your Listing, including:
  5. publishing an automated review on your Listing indicating that a reservation was cancelled,
  6. keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking,
  7. imposing a cancellation fee (to be withheld from your future payments).  You will be notified of the situations in which a host cancellation fee applies before you decide to cancel a confirmed Booking; and/or]
  8. Suspending or terminating your CoLo Account (see clause 7.2)].
  9. Tax
  10. Licensees agree:
  11. CoLo shall not be held liable or responsible for any Tax issues that arise whatsoever in connection with a Licensee’s Tax position.
  12. Each Licensee is solely responsible for determining its correct Tax charging and reporting requirements and they are solely responsible for remitting any Taxes due to the relevant regulatory bodies as necessary.
  13. Licensees should seek Tax advice on Tax liabilities and benefits which may arise from any payments made or received in connection with a Booking.  CoLo is not responsible for the provision of Tax advice to Licensees.
  14. CoLo may be required by law to withhold Tax, issue Tax invoices, and/or to provide information to local regulatory bodies regarding payments received by Licensees and any relevant Taxes on those payments.  Licensees consent to CoLo doing so if required by law or any competent authority, and adjusting payments remitted in the event that Taxes are required to be withheld by CoLo.
  15. Damage to Space or property
  16. As a Guest, you are responsible for leaving the Space, and any property located at the Space, in the condition it was in when you arrived, fair wear and tear excepted.  You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you allow to use the Space.
  17. [If a Host provides evidence of a Guest damaging the Host’s Space or other property items, the Guest will pay the cost of repairing or replacing those damaged items.]
  18. [Any necessary payment will be charged to and taken from the credit card or Payment Provider account on file in a Guest’s CoLo Account.  CoLo also reserves the right to charge the credit card or Payment Provider account on file in your CoLo Account, or otherwise collect payment from you. If we are unable to charge the credit card or Payment Provider account on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space to the applicable Host or to CoLo (if applicable).]
  19. [Although CoLo has no responsibility in respect of Space use or misuse or arrangements between Licensees, if it decides in its sole discretion to assist a Licensee with such an issue, both the Guest and the Host agree to cooperate with and assist CoLo in good faith, and to provide CoLo with such information and take such actions as may be reasonably requested by CoLo.]
  20. In no event shall CoLo have any liability in respect of any damage costs, nor shall CoLo be obligated to for mediate or facilitate resolution of a dispute between a Host and a Guest, other than as specifically provided in this clause 14.
  21. Uploading appropriate Content
  22. Whenever you upload Content to the Platform or use the Platform to send Content, you must comply with the Content standards set out in this clause 15.1.  You will not with respect to such Content:
  23. generate obscene, offensive, objectionable or inappropriate content;
  24. damage, interfere with or degrade the functioning of the Platform or interfere with or degrade CoLo’s or any Licensee’s or Payment Provider’s use of the Platform;
  25. create or send verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any CoLo Licensee, employee, or officer or engage in cause harm to any person in any way under the NZ Harmful Digital Communications Act 2015;
  26. create, transmit, distribute, or store material that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others; or
  27. imply association with or endorsement by CoLo other than that recorded in these Terms.
  28. You warrant that any Content uploaded or sent by you to or via the Platform complies with the Content standards in clause 15.1.  You will be liable to CoLo and indemnify CoLo fully for any breach of that warranty.  CoLo has the right to remove any Content you create without notice if, in CoLo’s opinion in its sole discretion, your Content does not comply with those standards.
  29. CoLo will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted or sent by any Licensee or Payment Provider.
  30. The views expressed by Licensees do not represent the views or values of CoLo.
  31. You are solely responsible for securing and backing up your Content.  CoLo may or may not, in its sole discretion, keep copies of Content and will delete your Content on termination of your CoLo Account.
  32. Privacy
  33. See CoLo’s Privacy Policy[link] for information and notices concerning CoLo’s collection and use of your personal information.
  34. Any Content you upload to the public Site or Application will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your Content, but you grant CoLo a worldwide, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to copy, adapt, use, store, communicate, and otherwise make available that Content so that CoLo can provide and promote the Services, but for no other purpose.
  35. Intellectual Property Rights
  36. CoLo is the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it.  Those works are protected by trademark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved.
  37. You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or anyone else’s Content, or use or access the same, without CoLo’s express prior written permission.  If consent is given by CoLo to use of our branding in your promotional material, you must at all times comply with our published brand guidelines.
  38. CoLo’s status (and that of any identified contributors) as the authors of the Platform and any Content comprising the Platform must always be acknowledged.
  39. You must not use any part of the Content on the Site or Application for commercial purposes without obtaining a licence to do so from CoLo or CoLo’s licensors.
  40. No reliance on information
  41. The Content that we provide is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content we provide.
  42. Although CoLo make reasonable efforts to update the information on the Platform, CoLo makes no representations, warranties or guarantees, whether express or implied, that the Content on the Site and Application is accurate, complete or up-to-date.
  43. Viruses
  44. CoLo does not guarantee that the Site and Application will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and Application (if applicable).  You should use your own virus protection software.  
  45. CoLo will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or Application or to your downloading of any Content on either of them, or on any website linked to either of them.
  46. You must not misuse the Site or Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Site or Application, the server on which the Site is stored or any server, computer or database connected to the Site.  You must not attack the Site or Application (if applicable) via a denial-of-service attack or a distributed denial-of service attack.
  47. Disclaimers and limitation of liability
  48. If you choose to use the Platform, you do so at your own risk.
  49. The Platform and Content are provided without warranty of any kind, either express or implied.  CoLo makes no warranty that the Platform or Content, including, but not limited to, the Listings, Bookings or any Space will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
  50. You are solely responsible for all of your communications and interactions with other Licensees.
  51. To the extent permitted by law, CoLo excludes all conditions, warranties, representations or other terms which may apply to the Platform and any Content on it, whether express or implied.
  52. The Services are provided to enable Licensees to enter into Bookings with respect to commercial office space and are provided to Licensees for their business purposes.  Licensees are not consumers and all guarantees under the NZ Consumer Guarantees Act 1993 and any other similar consumer protection legislation in any jurisdiction are expressly excluded.
  53. CoLo will not be liable to any Licensee or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  54. use of, or inability to use, the Platform Site, Application or Services;
  55. use of, or inability to use, any Space;
  56. any contact you have with other Licensees whether in person or online; or
  57. use of or reliance on any Content displayed on the Site or Application.
  58. Except for CoLo’s obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will CoLo’s aggregate liability arising out of or in connection with these Terms and any Licensee’s use of or inability to use the Platform and Services exceed Total Fees for the Booking giving rise to the issue.
  59. Indemnity
  60. You agree to indemnify, and hold CoLo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any Tax, legal and/or accounting fees, arising out of or in connection with:
  61. your access to or use of the Platform, Services and Content or your violation of these Terms;
  62. your interaction with any Licensee, booking of Space, or creation of a Listing; and
  63. the use, condition or rental of an Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Space.
  64. Miscellaneous
  65. CoLo may assign or transfer any contract between it and any Licensee incorporating these Terms, at its sole discretion, without restriction.  You may not assign or transfer your rights under any such contract without CoLo’s prior written consent, which may be withheld in absolute discretion.
  66. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CoLo:
  67. via email (in each case to the address that you provide) or
  68. via the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
  69. These Terms shall be governed by and construed in accordance with New Zealand law.  You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
  70. A Booking constitutes a contract between the Host and Guest in respect of the Space that is the subject of that Booking.  Without prejudice to CoLo’s rights of enforcement, these Terms may be enforced by the Host and the Guest as between themselves and confer an enforceable benefit on each of them for the purposes of the NZ Contracts (Privity) Act 1982 (and any replacement legislation).
  71. If a party comprises more than one person then each person comprising that party shall be bound jointly and severally.
  72. No failure or delay by CoLo to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy by CoLo shall prevent or restrict the further exercise of that or any other right or remedy.
  73. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions.

These terms were last updated on 17/03/17

CoLo Technology Limited

Privacy Policy

This policy must be read in conjunction with, and is subject to, our Terms of Service.  Words and phrases which begin with a capital letter in this policy have a specific meaning which is set out in the Terms of Service

  1. What types of information does CoLo gather about its Licensees and others?
  2. We receive, store and process Content and other information that you give or make available to us when you use the Platform or any of our Services, including but not limited to where you:
  3. provide us with details or verification information when you register to create a CoLo Account;
  4. provide us with information and details when you create a Listing for an Space;
  5. access or use the Services, such as to search Listings, make or accept Bookings, and pay for Bookings;
  6. access or use the Services to communicate with us, other Licensees and Payment Providers or post Content; and
  7. link your CoLo Account to a social networking site as a Third Party Channel (e.g. Facebook), in which case we will obtain the information that you have provided to the Third Party Channel, to the extent allowed by your settings with the Third Party Channel site and authorised by you.
  8. The types of information we collect include but are not limited to:
  9. your contact and other profile information if you provide it, including your contact details, email address and phone number;
  10. Content you upload or send via the Platform;
  11. your log data, which includes data such as when and from where (including the IP address) you logged on to the Site or Application, URLs viewed, number of clicks and the amount of time spent on pages;
  12. your mobile data, which includes GPS-based information to show your location; and
  13. cookies and other tracking technologies, which are small data files transferred to your device for tracking and record-keeping purposes.
  14. In each situation described in clauses 1.2 and 1.3 above, the information we collect may be personal information, being information relating to an identifiable natural person who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of CoLo.
  15. What do we do with it?
  16. We collect, store and process your personal information in order to:
  17. Facilitate your access to the Platform and our Services;
  18. Collect payments from you, and make payments to you in accordance with our Terms, including communicating with Payment Providers and for debt recovery where applicable;
  19. Verify any information about you and/or any Listing you post, in order to create a safe and reliable environment on the Platform;
  20. Deal with requests, enquiries or complaints and similar customer care related activities;
  21. If you provide us with your contact details, to contact you (including by electronic communications) in order to:
  22. provide our Services to you effectively (e.g. by sending you service messages, reminders and security alerts); and
  23. provide you with marketing and promotional materials about CoLo and our Services;
  24. Comply with legal obligations or assist law enforcement authorities in any jurisdiction where we reasonably consider it appropriate, including but not limited to fraud prevention, mandatory privacy or data breach reporting, policing of objectionable, harmful or otherwise illegal material and Tax requirements (provided however that in any such circumstances, we may require enforcement authorities to obtain appropriate court orders and, in the absence of such orders, shall not be obligated to disclose unless specifically required to do so by law);
  25. Provide information (including your contract details) to intellectual property copyright owners where we reasonably believe that you may have infringed their copyright or other intellectual property rights (provided however that in any such circumstances, we may require such owners to obtain appropriate court orders and, in the absence of such orders, shall not be obligated to disclose unless specifically required to do so by law);
  26. Resolve any dispute with or between any of our Licensees, and to enable enforcement of any agreements by or with Payment Providers or other third parties;
  27. Improve the Platform and Services, and optimise user experience, by performing data analytics and conducting research; and
  28. Enable targeted advertising to you by us or third party advertisers.
  29. Your public Licensee profile page and any public Listing page you create will accessible to any registered Licensee.  This may include, for example, your profile photo, city of residence, and the location of the Space for any Listing you create.
  30. If you link your CoLo Account to a Third Party Channel, we will include that link, and your privacy for that account will be determined by your privacy settings and terms with that Third Party Channel provider.  
  31. If you make a Booking, we will provide further necessary information to the Guest or Host (as applicable) [including your full name and phone number].
  32. CoLo Technology Limited is a New Zealand registered company.  CoLo may transfer, store, use and process your information outside your country of residence, including outside New Zealand, the European Economic Area and outside the United States of America.  By using the Platform, you consent to this.
  33. How do we keep it safe?
  34. We keep your personal information safe by encrypting it where appropriate and restricting and monitoring data access.  Most data is stored on servers in New Zealand or via services that we contract from [Amazon Web Services] in the US.
  35. No method of electronic transmission or method of storing electronic information can be perfectly secure, so we cannot guarantee from the security of your transmissions to us and information that we store about you.
  36. How long do we keep it for?
  37. We keep your information while you are a CoLo Licensee.
  38. If your CoLo Account is terminated, we may retain your personal information if we in good faith believe it necessary for debt collection purposes, to enforce these Terms or for civil or criminal law enforcement purposes.  Please note however that we make no guarantee that we will retain any of your information or Content after termination.  You should keep backups.
  39. Data breach reporting
  40. We will notify you if we determine that personally identifiable information about you held by CoLo has been subject to unauthorised accessor disclosure, such as in an information security breach situation.
  41. Where required to do so, we will provide your information to relevant authorities as part of any mandatory data or privacy breach reporting regime.
  42. Getting help?
  43. If you are a registered Licensee, you may update your CoLo Account personal information by logging on to the Site or Application.
  44. You have the right to review personal information we hold about you, and to ask for it to be corrected if you think it is wrong.  If you would like to ask for a copy of your information, or to have it corrected, please contact us at [insert].
  45. Any changes we make to this privacy policy will be posted on this page and, where appropriate, notified to you by email.  
  46. Please contact us at if you have any queries on this privacy policy.

This policy was last updated on 17/03/2017