Terms of Service

SECTION 1 — WEBSITE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence.

You must not use the Services for any unlawful or unauthorised purpose, or in a way that violates any law applicable to you. You must not transmit any virus, worm, or code of a destructive nature. A breach of these Terms may result in immediate suspension or termination of your access to the Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone, at any time, for any reason permitted by law.

Content you submit (excluding payment information) may be transmitted over open networks and is not guaranteed to be encrypted in transit. Payment information is encrypted in accordance with applicable payment industry standards.

You must not reproduce, duplicate, copy, sell, resell, or exploit any part of the Services, or access to the Services, without our express written permission.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Information on this website is provided for general purposes only and should not be relied on as the sole basis for any decision. We are not responsible for ensuring that all information on the site is accurate, complete, or current, and we reserve the right to correct or update it at any time without notice.

SECTION 4 — MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our Services are subject to change. We may modify, suspend, or discontinue any part of the Services at any time. We are not liable to you or any third party for any such modification, price change, suspension, or discontinuance.

SECTION 5 — VIRTUAL ADDRESS SERVICE

5.1 Nature of the service

Space Penguin provides a Virtual Address service for mail handling and privacy purposes. We are a Virtual Address provider only. We are not a registered agent, are not responsible for your compliance with the Corporations Act 2001 (Cth), the Australian Business Register, or any other statutory or regulatory obligation, and do not provide legal, tax, or company secretarial advice. You remain solely responsible for your own ASIC, ABN, and other regulatory filings and obligations.

5.2 Eligibility to use the address

Only active, paying Virtual Address subscribers may use a Space Penguin address:

• as their registered office or business address for ASIC and ABN registration purposes;
• on their website, invoices, business cards, and other branding and collateral.

Our address must not be used for any unlawful purpose or to misrepresent your business’s physical presence beyond what is disclosed in these Terms.

Google My Business / Google Business Profile. We do not guarantee, support, or assist with verification of any address with Google My Business, Google Business Profile, or any similar third-party listing or verification service. Use of our address for any such purpose is entirely at your own risk, subject to that third party’s own terms, and any dispute, rejection, suspension, or other issue arising from it is a matter solely between you and that third party. Our Virtual Address service is provided for mail handling and privacy purposes; it is not represented or warranted as suitable for, or compliant with, the requirements of any third-party verification service.

5.3 Not a personal mailbox

Space Penguin’s Virtual Address service is intended for business mail and parcels, and for personal mail addressed to the named authorised person(s) on the subscription. It is not a personal mailbox service and must not be used as a general-purpose home delivery address, including for personal online shopping, marketplace, or “Amazon-style” e-commerce deliveries unrelated to your business. We may, at our discretion, refuse, return to sender, or dispose of any item that we reasonably consider falls outside this intended use.

5.4 One subscription per business; authorised persons

Each Virtual Address subscription is limited to one business name and a maximum of two (2) authorised persons named on that subscription. Mail will only be accepted in the business name on file or in the name of an authorised person on file. If you operate more than one business name, or need more than two authorised persons, a separate subscription is required for each additional business name or authorised person requirement.

5.5 Fair use

Your subscription is subject to fair use and our mail handling, scanning, and storage services are intended for ordinary correspondence and administration for one small business. We may, acting reasonably, determine that use exceeds fair use where the volume, size, storage period or handling requirements of mail or parcels are materially greater than ordinarily expected, including where use resembles a fulfilment, warehousing, or mail-redirection activities.

If your use exceeds fair use, we may, on written notice, charge a reasonable additional fee or limit or suspend the Service. We may take immediate action where reasonably necessary for safety, security, legal compliance or the operation of the Service.

5.6 Subscription billing, renewal and cancellation

Virtual Address subscriptions are billed in advance on a monthly, quarterly, or annual basis as selected at sign-up. Before you enter into a subscription, we will clearly disclose the subscription price, billing period, renewal arrangements, any applicable fees or charges, and how you may cancel.

Your subscription will automatically renew for the same billing period at the then-current price unless you cancel it before the next renewal date. We will provide you with renewal information, including the applicable subscription price, renewal arrangements and cancellation method, as required by law.

We may change subscription fees by giving you at least 30 days’ written notice. A price change will apply only from the first renewal date occurring at least 30 days after the notice is given. If you do not agree to the price change, you may cancel your subscription before that renewal date, and the change will not apply to your current paid billing period.

• No lock-in contracts. You may cancel your subscription at any time by the cancellation method notified to you or otherwise made available by us. Cancellation takes effect at the end of your current paid billing period, unless otherwise required by law.
• No refunds. Except where required by law, we do not provide full or pro-rata refunds for any unused portion of a current paid billing period following cancellation.
• Payment failure. If a payment fails, we will notify you and give you a 14-day grace period to update your payment details and make payment. If payment is not successfully received within that period, we may cancel or suspend your subscription and cease providing the Service. If we withdraw our consent to your use of the address as a registered office, you must promptly update your registered-office details with ASIC and any other relevant authority.

5.7 Mail and parcel handling

• Mail received in your allocated mailbox is scanned and made available to you electronically as our default process.
• You must give us forwarding instructions within 14 days after we notify you that a physical item is available. If we do not hear back from you within that period, we may securely shred and dispose of mail, or dispose of parcels via general waste.
• If you request physical forwarding, you must pay the applicable postage, handling and any third-party carrier charges before we send the item. Those charges may vary depending on the size, weight, quantity, destination and delivery method selected.
• On cancellation or termination of your subscription, any mail or parcels remaining in our care will be returned to sender where reasonably possible. Where this is not reasonably practicable, we may securely shred and dispose of mail or parcel (via general waste) 14 days after your subscription ends.
• We may refuse, return, dispose of, or notify an appropriate authority about any item that we reasonably believe is unlawful, dangerous, perishable, prohibited, excessively large or heavy, or may expose us or others to risk. Where reasonably practicable, we will notify you before taking action.

5.8 Liability for mail and parcels

• We will take reasonable care in receiving, storing, scanning, handling and forwarding mail and parcels while they are in our possession. Once an item has been handed to Australia Post or another carrier in accordance with your instructions, its carriage is subject to that carrier’s terms and conditions.
• To the maximum extent permitted by law, we accept no liability whatsoever for loss, delay, damage, or misdelivery of mail or parcels once they have left our care and been handed to Australia Post or any courier. On request, we will provide reasonable information to assist you to make a claim against the carrier.
• Our total liability, to the maximum extent permitted by law, arising from loss of, damage to, delay in, or misdelivery of an item while in our possession is limited to the total subscription fees you paid to us in the 6 months immediately preceding the event giving rise to the liability.

5.9 Suspension and termination

We may immediately suspend or cancel your Virtual Address subscription, without refund of fees already paid, if we reasonably suspect fraud, misuse, illegal use of the address, a breach of clauses 5.3–5.5, or where we reasonably consider that continued provision of the Service would expose us or others to material risk, or would be inconsistent with applicable law or our policies.

SECTION 6 — PURCHASE OF PHYSICAL GOODS

This section applies if and when Space Penguin sells physical goods through the website (in addition to, and separate from, the Virtual Address and Marketplace Services).

6.1 Orders and pricing

Product descriptions, images, and pricing are provided as accurately as reasonably possible but are not guaranteed to be error-free. We reserve the right to correct pricing or descriptions, limit quantities, or refuse or cancel an order at any time prior to dispatch, including after payment has been taken (in which case we will refund the payment in full).

6.2 Returns — faulty or not as described

If a physical good you purchase from us is faulty, damaged on arrival, or not as described, you must notify us within 30 days of receiving the item. Where we determine (acting reasonably) the item is faulty, damaged, or not as described, we will provide a refund (or, at your election, a replacement where available), and we will cover the cost of return postage within Australia. This is in addition to, and does not limit, your rights under the Australian Consumer Law.

6.3 Returns — change of mind

We may, at our discretion, accept change-of-mind returns. If we do, you must notify us within 30 days of receiving the item, and:

• the item must be returned in its original, unused, and resaleable condition;
• you are responsible for the cost of return postage; and
• the return must be sent using a tracked and trackable postage method — we are not responsible for change-of-mind returns lost or not received in transit.

Change-of-mind returns are assessed on receipt and a refund (less any original shipping cost, where applicable) will be processed once we have confirmed the item meets the conditions above.

6.4 International orders

Unless otherwise stated at checkout, our return postage cover under clause 6.2 applies to domestic (Australian) returns only. International customers are responsible for return postage in all cases, including for faulty goods, except where required otherwise by applicable law.

SECTION 7 — WORKSPACE BOOKING MARKETPLACE

7.1 Our role

Space Penguin operates a marketplace (“Marketplace”) connecting Hosts who list workspaces, desks, or rooms (“Spaces”) with Bookers who book them. We are not a real estate agent and do not provide real estate agency services. We merely facilitate listing and booking. We are not a party to, and have no liability under, the arrangement between a Host and a Booker in respect of any specific Space or booking.

7.2 Cancellation and refund terms

Cancellation and refund terms for a specific booking may be set by the Host, by Space Penguin, or both, and will be disclosed to you at the time of booking. Where a Space is materially not as described, is unavailable at the booked time, or the Host cancels the booking, our current practice (which may change at our discretion acting reasonably) is to offer the Booker a refund and reasonable assistance finding an alternative booking. This is offered on a goodwill basis and does not constitute a guarantee or ongoing entitlement. See Section 8 (Refund Policy).

7.3 Payments

Depending on the Space and Host, payment for a booking may be processed by Space Penguin (with funds subsequently paid out to the Host, less our service fee) or may occur directly between the Host and Booker. Where we process payment on a Host’s behalf, our service fee is deducted at the time of payout to the Host.

7.4 Host obligations

By listing a Space, a Host warrants and represents to us that they:

• have all rights, approvals, and authority necessary to list and make the Space available for booking;
• hold all insurances required for the lawful operation and use of the Space, and comply with all applicable health, safety, and other laws; and
• will honour bookings made through the Marketplace in accordance with the terms disclosed at the time of listing.

We do not independently verify a Host’s insurance, compliance, or the accuracy of a listing, and rely on the warranties given by the Host.

7.5 AML/CTF Compliance

Some Services offered by Space Penguin are subject to Australia’s anti-money laundering and counter-terrorism financing (“AML/CTF”) regime. We collect, verify and record customer identity details, and, where relevant, information about beneficial owners and authorised representatives, to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the AML/CTF Rules and other applicable laws. This may include government-issued identification documents (such as a passport or driver licence), date of birth, residential address, business registration details and screening information (for example, sanctions and politically exposed person checks). Providing this information is a condition of using the Services where identity verification is required. If you do not provide information reasonably requested for AML/CTF purposes, or we cannot satisfactorily verify it, we may be unable to provide, continue or renew access to the Services. We use and disclose AML/CTF information only as permitted or required by law, including to conduct customer due diligence and ongoing monitoring, assess and manage money-laundering, terrorism-financing and sanctions risks, and report matters to AUSTRAC or other authorities, and we retain AML/CTF records for the period required by law.

7.6 Risk and liability for incidents

Any loss, injury, damage, or other incident arising from or in connection with the use of a Space during a booking is a matter between the Host and the Booker. To the maximum extent permitted by law, Space Penguin accepts no liability for any such loss, injury, damage, or incident, and disclaims all involvement in resulting disputes, claims, or proceedings.

7.7 Disputes between Hosts and Bookers

Hosts and Bookers should first attempt to resolve any dispute directly with each other. We may, at our discretion and without obligation, review a dispute and offer assistance as appropriate, but this does not create any obligation on our part to resolve the dispute, and does not affect our disclaimer of liability under clause 7.6.

SECTION 8 — REFUND POLICY

This section summarises our refund position across our Services. Where a more specific clause above applies to your situation, that clause governs.

Nothing in this Refund Policy excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded (see clause 16.1).

SECTION 9 — THIRD-PARTY REFERRALS, AFFILIATES AND COMMISSIONS

We may refer or link you to third-party products and services, including (without limitation) business email services (such as Google Workspace), insurance products (such as those offered by New Wave Insurance), SMS and email marketing platforms (such as Texto), eSIM and mobile data plans (such as Yesim), and any other third-party product or service we may offer from time to time.

• We are not the provider. These products and services are independently owned, operated, and supplied by the relevant third party. We are not their agent, are not a party to any contract you enter into with them, and have no control over their pricing, terms, availability, or quality.
• We earn commission. We may earn a referral fee, commission, or other benefit from a third party when you sign up to, or purchase, their product or service through a link or referral from us. The existence and structure of this arrangement varies between partners and may change over time. This does not increase the price you pay.
• No recommendation or advice. A referral or link to a third-party product or service is not a personal recommendation that it is suitable for your needs. It is your responsibility to research the product or service and make your own decision.
• Their terms govern. You must read and accept the third party’s own terms, conditions, and privacy policy before transacting with them. We accept no liability for any act, omission, pricing, quality, performance, or loss arising from your use of, or transaction with, any third-party product or service referred from our site.
• Insurance — general advice warning. Any information we display about insurance products (including from New Wave Insurance) is general information only, provided via an affiliate link or lead-referral arrangement. It does not take into account your individual objectives, financial situation, or needs, and is not personal advice. We do not hold an Australian Financial Services Licence and do not provide financial product advice. Before purchasing any insurance product, you should read the relevant Product Disclosure Statement and, if needed, seek advice from a person licensed to provide it. Any quote, application, or policy is between you and the insurer (or its authorised representative) and is governed entirely by their terms.
• This clause applies prospectively. This clause applies to any third-party referral arrangement we have now or add in the future, whether or not it is specifically named above.

SECTION 10 — OPTIONAL TOOLS

We may give you access to third-party tools that we do not control. Such tools are provided “as is” and “as available,” without warranty of any kind, and entirely at your own risk. You should review the relevant third party’s own terms before using any such tool.

SECTION 11 — THIRD-PARTY LINKS

Our site may contain links to third-party websites or content not affiliated with us. We do not examine, endorse, or take responsibility for any third-party website, content, product, or service, and accept no liability for any harm or loss arising from your use of them. Any complaint regarding a third-party product or service should be directed to that third party.

SECTION 12 — USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you send us comments, suggestions, ideas, reviews, or other submissions, you grant us a perpetual, irrevocable, royalty-free right to use, edit, publish, and distribute them in any medium, without obligation to compensate you or keep them confidential.

You are solely responsible for the accuracy and legality of anything you submit. Submissions must not be unlawful, defamatory, abusive, infringing, or contain malicious code. We may, but are not obliged to, monitor, edit, or remove any submission at our discretion (acting reasonably).

SECTION 13 — PERSONAL INFORMATION

Your personal information is handled in accordance with our Privacy Policy.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, or availability. We reserve the right to correct these at any time. If a correction materially affects an order, booking, or subscription that has already been placed, we will notify the affected customer as soon as reasonably practicable and provide any remedy required by applicable law, which may include the option to cancel and receive a refund.

SECTION 15 — PROHIBITED USES

You must not use the website or Services:

• for any unlawful purpose, or to solicit others to perform unlawful acts;
• to violate any applicable law or regulation;
• to infringe our or any third party’s intellectual property rights;
• to harass, abuse, defame, or discriminate against any person;
• to submit false or misleading information;
• to transmit viruses or malicious code;
• to collect or track the personal information of others without consent;
• to spam, phish, scrape, or crawl the site without authorisation; or
• to interfere with or circumvent the security of the Services.

We may immediately suspend or terminate your access for any breach of this clause.

SECTION 16 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

16.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), or any other right that cannot lawfully be excluded or limited. To the extent permitted by law, our liability for failing to meet a consumer guarantee is limited, at our option, to resupplying the Services or goods, or paying the cost of having them resupplied.

16.2 General disclaimer

Subject to clause 16.1, the Services are provided “as is” and “as available,” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

16.3 Limitation of liability

Subject to clause 16.1, and to the maximum extent permitted by law, Space Penguin’s total aggregate liability to you arising out of or in connection with the Services — whether in contract, tort (including negligence), statute, or otherwise — is capped at the total fees you paid to Space Penguin for the relevant Service in the 6 months immediately preceding the event giving rise to the claim.

In no case will Space Penguin, its directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, savings, or data, arising from your use of, or inability to use, the Services — even if advised of the possibility of such damages.

SECTION 17 — INDEMNIFICATION

You agree to indemnify and hold harmless Space Penguin and its officers, directors, employees, contractors, and agents from any claim, loss, or demand (including reasonable legal fees) made by any third party arising out of or in connection with your breach of these Terms, your use of the website or the Services, or your violation of any law or third-party right — including, without limitation, any claim arising from a booking you made or hosted via the Marketplace, or your use of a Virtual Address.

SECTION 18 — SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

SECTION 19 — TERMINATION

These Terms remain in effect until terminated by you or us. We may terminate or suspend your access immediately and without notice if you breach these Terms, in which case you remain liable for all amounts due up to the date of termination. Obligations that by their nature should survive termination (including indemnities, liability limitations, and accrued payment obligations) will survive.

SECTION 20 — DISPUTE RESOLUTION

Before commencing any court proceedings, you and Space Penguin agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Services through good-faith negotiation within 21 days from the date the dispute is first notified in writing by one party. If the dispute is not resolved within that period, either party may refer it to mediation administered by Resolution Institute under its mediation guidelines, with the parties sharing the mediator's costs equally. Neither party may commence court proceedings (other than for urgent interlocutory or injunctive relief) until this clause has been complied with.

SECTION 21 — ENTIRE AGREEMENT

These Terms, together with any policies referenced in them, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications. Our failure to enforce any provision is not a waiver of that provision.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

This clause is subject to the mandatory dispute resolution process in clause 20.

SECTION 23 — CHANGES TO THESE TERMS

We may update these Terms at any time by posting the revised version on this page. Continued use of the website or Services after changes are posted constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms should be sent to hello@spacepenguin.io.

SPACE PENGUIN PROPRIETARY LIMITED
ABN 82 682 613 065
Suite 1208/530 Little Collins St, Melbourne VIC 3000
Suite 17/89-97 Jones Street, Ultimo, NSW 2007