This is a binding agreement between Share with Oscar Pty Ltd (referred to as “Oscar”, ”we,” “us” or “our”) and any person who has indicated their consent by setting up an Account with Oscar or similarly expressing acceptance. Any persons who access or establish a connection to the Services will also be deemed to have accepted the terms of this agreement.
Driver means a registered user that has made a booking or enquiry for a Parking Space.
Meriton refers to Meriton Property Services Pty Ltd (ABN 69 115 511 281)
Parking Fees are the total price paid by the driver for use of the Parking Space.
Parking Space refers to a car space within a Meriton building
Platform refers to the website or application hosted on Meriton.sharewithoscar.com.au or www.sharewithoscar.com.au.
Services refers to any other software, resources or services made available by Oscar.
Service Fees are a fee taken by the Platform, charged as a percentage of the parking Fee.
Spot Owner refers to a Meriton resident that has created a listing for a car space on the Platform.
1. ACCESS TO THIS SITE
To access the Platform or Services, you must register an Account through the Platform (“Account”). Doing so will allow you to act as a Spot Owner and / or a Driver. You acknowledge and agree that:
(a) you are at least 18 years of age;
(b) your Account is unique to you and not transferrable;
(c) you are fully responsible for all activities that occur in connection with your Account;
(d) it is your responsibility to ensure your Account is kept secure at all times;
(e) all information provided by you is accurate, up to date and complete and you will notify Oscar if they do change;
(f) you will not create a false Account or use your Account for any immoral or illegal activity or purpose including malicious or fraudulent behaviour; and
(g) if you are registering on behalf a Business, you have the right to enter into this contract on behalf of the Business.
As part of registration, you will be required to provide your credit card details, debit card details, or bank Account details to pay for the Service and/or receive payments as a Spot Owner. Credit card, debit card, PayPal and bank details will be stored externally on the secure servers of the payment processing agent(s). Such details will be retained and be linked to your Account for future reservations.
2. HOW THE SERVICES WORK
You agree that the Platform is a platform for advertising Parking Spaces owned or controlled by Spot Owners and we have no responsibility for the Parking Space other than to provide the Service under this agreement which includes:
(a) facilitating the availability of the Services; and
(b) administering and confirming bookings
(c) serving as the limited payment collection agent of Spot Owners for the purpose of accepting payments from Drivers.
Oscar is not a party to any agreements entered into between Spot Owners and Drivers. Nothing in these Terms and Conditions should be construed to constitute that we are your partner, joint venturer, representative or agent, except where we act as a limited payment agent to the Spot Owner. Oscar is not responsible for and disclaims any liability related to listings, bookings, Parking Space(s) and the transaction costs between Spot Owners and Drivers described herein.
4. DRIVER RESPONSIBILITIES
As a driver;
(a) You are responsible for ensuring you only use the Parking Spot for the amount of time you have booked it for. It is the Driver’s responsibility to extend booking times if they require more time. If this option is not available, the Driver must move their vehicle within the initial booking time frame;
(b) You must use the vehicle registered in your account for the booking. If you use a different vehicle you acknowledge you may be unable to park;
(c) Upon arrival, you should inspect the Parking Space and ensure you are satisfied that it meets the description on the Platform. If you are not satisfied, you must contact the Spot Owner or Oscar immediately;
(d) You acknowledge that both Oscar and the Spot Owner reserve the right to engage with a third party to tow your vehicle should you be parked there after a booking has ended or outside of the agreed hours. In such a circumstance, you will be liable for the full cost of the towing services;
(e) As a Driver, by booking or entering a car space, you agree to any terms and conditions of use of entry for any Car Space. These terms may be provided in writing or at the location of the Car Space or prior to entry; and
(f) if you have been reported to have misused the platform, Oscar may put a strike against the Driver’s name. It will then remain in Oscar’s discretion to allow the Driver to use the Services again.
5. SPOT OWNER RESPONSIBILITIES
As a Spot Owner;
(a) you are responsible for ensuring your Parking Spot is a legal car space in a useable and safe condition. You agree to take reasonable steps to make the property safe for Drivers (for example, turning on the lights at night and removing any hazards);
(b) you acknowledge and agree to the pre-authorisation of bookings that come through the Platform. This means all bookings are automatically accepted by you if your Parking Space is listed as available. You accept and understand that there may be risks involved in this;
(c) you acknowledge that Drivers are provided your Parking Spot’s address once the Driver has made a booking;
(d) you must comply with all applicable laws, rules and regulations that may apply to the Parking Spot, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
(e) you agree the Platform or Meriton may automatically set a recommended price for your listing;
(f) you provide Oscar with authority to advertise your Parking Spot and provide information to Drivers and prospective Drivers who may wish to use the Parking Spot;
Oscar reserves the right to conduct a physical inspection of the Parking Spot at any time and may remove your listing if the Parking Spot does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under this agreement. Oscar also reserves the right to make updates to your listing if they are misleading, vague or unclear without providing notice.
6. DAMAGE TO PROPERTY
As a driver;
(a) you agree to act with good conscience when booking and parking in a Spot Owner’s Parking Spot;
(b) you agree to report any suspicious activity or damage that you notice. In failing to report any suspicious activity or damage, should any incident occur, you will agree to comply with any questioning or investigation that takes place to resolve the matter;
(c) are responsible for leaving the Parking Spot in the condition you found it in when you arrived;
(d) acknowledge you are responsible for any damage or loss to the property that can be attributed back to your booking or stay and accept liability on behalf of any other Drivers you may have brought onto the property with you (e.g. friends, pets etc.); and
(e) understand and agree that you are parking at your own risk and the Spot Owner, Meriton and Oscar are not responsible for any damage to your car or the loss of personal belongings left in the car.
(a) The Driver (including any authorised driver) acknowledges and agrees that it is their responsibility to take out insurance cover against (without limitation) damage to your vehicle, damage to the Parking Spot, damage to the Spot Owner’s property, damage to any third party property, personal injury or any other damage caused by the Driver in connection with the use of the Services or Platform. Oscar and Meriton will not be liable for the Driver failing to take out insurance of the kind contemplated by this section.
(b) The Spot Owner acknowledges and agrees that it is the Spot Owner’s responsibility to take out insurance cover against (without limitation) damage to your Parking Spot, damage to any third party property, damage to the Driver’s vehicle, personal injury or any damage caused by the Spot Owner in connection with the use of the Platform. Oscar and Meriton will not be liable for the Spot Owner failing to take out insurance of the kind contemplated by this clause.
(c) You understand that it is your obligation to ensure your insurance policy is properly suited to covering your use of the Services on the Platform. You agree that you will use reconciliation or insurance as your first means to resolve any disagreements or claims.
8. PAYMENTS & FEES
(a) In consideration for providing the Services, Oscar charges a Service Fee of 30% of the Parking Fee unless otherwise agreed. All prices shown on the Platform are in Australian dollars.
(b) The Service Fees are deducted from the Parking Fee. You as a Driver agree to pay Oscar the Parking Fees for any booking requested through your Account. Oscar will deduct the Service Fees from the Parking Fees before transferring the balance to the Spot Owner.
(c) Oscar will pay the Parking Fees (less the Service Fees and any taxes Oscar is required to withhold) to the Spot Owner on a monthly basis. The time it takes for the Spot Owner to receive payouts may depend upon the method that the Spot Owner selects to receive their payout. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services directly on the Spot Owner.
(d) For bookings over seven days in duration, the Spot Owner maintains the right to request the Driver pay a bond or deposit of a reasonable amount. Oscar will hold the bond or deposit on behalf of the Spot Owner. In the case of any loss or damage, Oscar will use the money to pay the Spot Owner and may also charge the Driver any additional charges to offset the damage or loss. Oscar will release the funds back to the Driver at the end of the lease period if no damage or loss was caused.
(e) If the Spot Owner has not requested a bond or deposit, the Driver acknowledges that they are liable for any loss or damage that can be attributed to their use of the parking spot (such as loss of swipe card / remote). The Driver also agrees that the cost of the loss or damage will be deducted directly from their registered credit card.
(f) The Spot Owner is responsible for paying all fees and applicable taxes or levies, general services taxes, incomes taxes, goods and services taxes, other similar State and Federal indirect taxes or other withholding, and personal or company incomes taxes under the Terms and Conditions in a timely manner.
(g) Each Spot Owner hereby appoints Oscar as the Spot Owner’s limited payment collection agent solely for the purpose of accepting the Parking Fees from Drivers. In accepting this appointment, Oscar does not assume any liability for any acts or omissions of the Spot Owner.
(h) If any amount owed by the Driver under the Terms and Conditions is not received on time, Oscar reserves the right to charge a late payment fee of $10 for every day the payment is overdue. Oscar also reserves the right to collect the amount owed using collection mechanisms. Oscar also reserves the right to charge for all additional fees and expenses we incur (including legal fees) in attempts to collect the amount owed through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
(i) If you are directed to Oscar’s third-party payment processor, you may also be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. It is your responsibility to review these third-party terms and conditions and privacy policies before using the services.
9. CANCELLATIONS & REFUNDS
(a) As a Driver, you must cancel your booking for a Parking Spot in accordance with the Oscar’s Cancellation Policy (www.sharewithoscar.com.au/meriton-cancellation-policy). Oscar will refund any amounts in connection with the cancelled booking within a reasonable time in the form of in-app credits. However, regardless of the cancellation policy set by the Spot Owner, any transaction and processing fees are non-refundable. Oscar will, however, refund the Spot Owner Service Fee.
(b) The Driver will be entitled to a refund of the Fees for the Booking where:
I. A reservation is cancelled in accordance with this agreement and the Cancellation Policy;
II. The Parking Spot description or details are substantially incorrect or misleading;
III. The Spot Owner cancels the booking; or
IV. Extenuating circumstances where the decision to grant a refund will be at Oscar’s sole discretion.
(c) The Driver will not be entitled to a refund where:
I. The Driver has cancelled the booking without the required notice;
II. The Driver is unable to enter the Parking Spot because their vehicle does not comply with the restrictions and / or specifications set out in the detail of the Parking Spot;
III. The Driver stays for a shorter time than the Booking was made for;
IV. The Driver parks into a different Parking Spot than that specified on the Booking; or
V. The Driver does not make reasonable attempts to find the Parking Spot or contact the Spot Owner or Oscar.
(d) The decision to grant a refund or not grant a refund, whether in full or part, is at our sole discretion. Drivers acknowledge that a refund is made in the form of credits that can only be used on the Platform. If, as a Spot Owner, your Driver cancels a Reservation or we decide that if it is necessary to cancel a Reservation, and we issue a refund to the Driver in accordance with the Terms and Conditions, you agree that in the event you have already been paid we shall be entitled to recover the amount of any such refund from you, including subtracting such refund amount out from any future fees due to you or charged to the credit card on file in your Account.
(e) In certain exceptional circumstances, Oscar may decide that it is necessary or desirable to cancel a confirmed booking, in which case Oscar may also determine, in its sole discretion, to refund to the Driver all or part of the Parking Fee. You agree that Oscar and the relevant Driver or Spot Owner will not have any liability for such cancellations or refunds.
(a) Depending on the amount of Parking Fees you earn through the Services, tax authorities may require us to collect appropriate tax information from you as a Spot Owner, or to withhold taxes from payouts to you, or both. If we request information from you for this purpose, you agree to provide it promptly and to keep it current, complete and accurate. If you as a Spot Owner fail to provide us with information or documentation that we determine to be necessary to meet our obligations to withhold taxes, we may suspend payouts to you until we receive the necessary information.
(b) You as a Spot Owner understand and agree that you are solely responsible for determining:
I. your applicable tax reporting requirements; and
II. the taxes that should be charged at the time of booking. You are also solely responsible for remitting to the relevant authority any taxes received by you.
III. Oscar cannot and does not offer tax-related advice to any Spot Owners or Drivers.
11. TERMINATION OF ACCOUNT
(a) Oscar reserves the right to terminate or suspend your access to the Services at our sole discretion without prior notice to you. We reserve the right to suspend or cancel your Account at any time if you are in breach of any part of the Terms and Conditions. Suspension or termination of your Account will mean you will no longer be able to access our Services.
(b) If you wish to terminate your Account, you may do so by ceasing use of the Platform or by contacting us at email@example.com. All provisions of these Terms and Conditions, which by their nature should survive termination of your Account, will survive, including but not limited to, Spot Owner provisions, warranty disclaimers, indemnity and limitations of liability.
12. RESTRICTIONS ON USE
You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example,
(a) modify, publish, distribute, transmit, systematically download, or use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without Oscar’s written consent; or
(b) use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services.
You agree to cooperate with Oscar in causing any unauthorised use of the Services to immediately cease.
The material accessible from this Platform, including text, data, images, interfaces and other materials or works of authorship (the “Content”) is owned or licensed by Oscar. Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Oscar, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
14. CONTENT SUBMISSIONS
You hereby grant to Oscar the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, any material submitted to us (“Submissions”), including photographs, listing text and reviews of Drivers and Spot Owners. Oscar will not treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payments. You represent that you own or otherwise possess all of the rights in Submissions necessary to convey the rights to Oscar set forth above. You may not post, send, submit, publish, or transmit in connection with the Services any material that:
I. you do not have the right to post, including proprietary material of any third party;
II. advocates illegal activity or discusses an intent to commit an illegal act;
III. is vulgar, obscene or threatening;
IV. libels, defames, or invades the privacy of other users;
V. does not pertain directly to the subject matter of the Services or advertises another product or service; or
VI. contains hyperlinks to other sites.
Oscar may monitor use of the Platform to determine compliance with these Terms and Conditions and reject or remove Submissions for any reason. You are solely responsible for the content of your Submissions.
The Platform may include hyperlinks to other websites that are not owned or operated by Oscar. These links are provided for your convenience, and Oscar may receive commissions or other financial compensation from the owners of such websites. Hyperlinks are to be accessed at your own risk. Oscar does not have control over these websites and is not liable for any content, advertising, products, services or other materials on or available from those websites.
16. PRIVACY & SECURITY
(b) Oscar reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing Oscar to disclose the identity of anyone engaging in conduct that is believed to violate the law.
(c) Oscar further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
(d) Nonetheless, Oscar will not be liable to you or any other party for any loss whatsoever and howsoever caused as a result of any unauthorised access to or use of our secure servers, interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform by any third party and / or any and all personal institutional, technical or other information stored therein. Passwords used to access the Services are for individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your Account if accessed with your password, including liability for damages resulting from misuse.
(e) The Driver and Spot Owner agree not to disclose any confidential information of each other. For the purposes of the Terms and Conditions, confidential information includes information of a confidential nature which is obtained during the course of the contractual relationship between Driver and Spot Owner as a result of using the Platform and which is not publicly available information. You acknowledge that there may be Parking Space(s) that are monitored by CCTV or security cameras. Your bookings to those Parking Space(s) will act as your agreement to such monitoring.
17. DISCLAIMERS & LIMITATIONS ON LIABILITY
(a) Oscar does not have control over the actions of Spot Owners, Drivers and other users of the Platform and Services. You acknowledge that your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. Oscar disclaims any liabilities to you (or the Business) under or in respect of the subject matter of these Terms and Conditions whether arising under contract, statute, tort (including negligence), or otherwise. We exclude, to the extent permitted by law, all other terms, conditions, warranties and guarantees which might be implied into the Terms and Conditions.
(b) We make no warranty for the quality or safety of Parking Space(s) or the accuracy, timeliness, truthfulness, completeness or reliability of any content displayed within the Services, including listings.
(c) You acknowledge that Oscar does not run any background checks on customers and does not make any attempts to verify the statements of users of the Platform and Services. Your interactions with such persons and Parking Space(s) are at your own risk. You are advised to conduct yourself with a level of caution appropriate for dealings with persons not personally known to you. The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by Oscar, and you agree not to make any claim against Oscar relating to the purchase of the Services.
(d) In no event will the collective liability of Meriton and Oscar and their officers, directors, employees, subsidiaries, licensors, vendors and other related parties (together, the “Oscar Parties”) exceed the amount that you have paid to Oscar for the Services during the most recent 12-month period.
(e) Oscar shall not be liable for any incidental, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if you have advised Oscar of the possibility of such damages.
(f) Oscar will not be liable to you or any other party for damages (including but not limited to consequential, special, direct, indirect, punitive or exemplary damages), obligations, losses, costs and expenses (“Loss”) whatsoever and however caused. This includes but is not limited to the following
I. Damage to or destruction of your vehicle or Parking Spot;
II. Any valuables left unattended in your vehicle or property;
III. Any suspension or termination of your Account;
IV. Errors, mistakes or inaccuracies on the Platform;
V. Personal injury of any nature whatsoever resulting from your access to and use of the Platform or Services; and
VI. The conduct or actions of Drivers, Spot Owners, and other users of the Platform or Services.
(a) To the maximum extent permitted by law, you agree to indemnify the Oscar Parties from and against all third-party claims, liabilities, damages, obligations, losses, costs and expenses, including without limitation, reasonable legal and Accounting costs arising out of or in any way connected with the Terms and Conditions, Platform and Services.
(b) Oscar reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defence of any claim.
(c) As a Driver, you agree to indemnify the Spot Owner from and against all third-party claims, liabilities, damages, obligations, losses, costs and expenses, including without limitation, reasonable legal and Accounting costs arising out of or in any way connected with the Terms and Conditions, Platform and Services.
19. DISPUTE RESOLUTION
You agree that in the event of a dispute, you will attempt to resolve it by directly communicating with the other party. In the event the dispute cannot be resolved between the two parties, the dispute may be referred to us. Oscar and Meriton are not obligated to take any steps in relation to the dispute, but may, at our sole discretion, investigate the matter and take any action as deemed appropriate. All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered under the jurisdiction of the state of New South Wales.
You agree that you will not attempt to solicit or perform services for or induce or attempt to induce, any Driver, Spot Owner, licensee or business relation of Oscar or any Driver or other Spot Owner through any communication including written and oral communication made by yourself or a third party, unless in the form of a general advertisement, to transact outside of the Platform.
The Terms and Conditions may be amended from time to time by posting an updated version onto the Platform. You should visit the website periodically to read the latest Terms and Conditions. If you do not agree with the modifications or amendments to the Terms and Conditions, you may terminate this agreement by ceasing use of the Platform and Services. By continuing to use our Platform you will be deemed to have accepted the amended Terms and Conditions.
(a) You agree that the Terms and Conditions are fair and reasonable in all circumstances. However, if any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(b) Any notices or other communications permitted or required hereunder will be in writing and given by Oscar via e-mail, to the email address that you provided when registering for the Services, and will be effective upon transmission.
(c) You agree that these Terms and Conditions will continue to be binding upon you after the termination of your use of the Services as they are deemed to be relevant.
(d) Oscar reserves the right to assign or subcontract our rights and obligations under the terms and conditions without notice to you or your consent.
(e) This agreement is to be governed and interpreted pursuant to the laws of the State of New South Wales. The parties to these Terms and Conditions submit to the exclusive jurisdiction of the Courts of the State of New South Wales and of the Commonwealth of Australia in respect of all matters arising out of these Terms and Conditions.
22 June 2021