ACCESS TO THIS SITE
To access any part of this website, www.sharewithoscar.com.au (the “Website”), the Oscar mobile application (the “Application”) or other software, resources or services made available by Oscar (all of the foregoing, the “Services”), you must register an Account through the Website or Application (“Account”). Doing so will allow you to act as a Host and / or a Guest (as those terms are defined below). You acknowledge and agree that:
- (i) you are at least 18 years of age;
- (ii) your Account is unique to you and not transferrable;
- (iii) you are fully responsible for all activities that occur in connection with your Account;
- (iv) it is your responsibility to ensure your Account is kept secure at all times;
- (v) all information provided by you is accurate, up to date and complete and you will notify Oscar if they do change;
- (vi) 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
- (vii) if you are registering on behalf a Business, you have the right to enter into this contract on behalf of the Business.
- HOW THE SERVICES WORK
The Services are an online marketplace where registered hosts (“Hosts”) who have car parking spots (“Parking Spots”) list their Parking Spots so that they available for use by guests (“Guests”) who may wish to park or store goods in those Parking Spots. Anyone may view listings as an unregistered user of the Services, although, only registered Guests or Hosts may list or book Parking Spots.
Oscar is not a Host of Parking Spots or a representative of Hosts of Parking Spots. Oscar does not rent, manage or control Parking Spots. Oscar’s responsibilities are limited to:
- facilitating the availability of the Services; and
- serving as the limited payment collection agent of Hosts for the purpose of accepting payments from Guests.
Hosts are responsible for honouring any bookings and making available any Parking Spots reserved through the Services. If you, as a Guest choose to enter into a transaction with a Host to book a Parking Spot, you understand and agree that are entering into an agreement with the Host and you must honour any terms, conditions, rules and restrictions associated with such a Parking Spot that you have accepted. Once a booking is confirmed, Oscar will send both the Host and Guest a confirmation email with an invoice of the transaction.
Unless otherwise stated in the Terms and Conditions, once the booking is confirmed, Oscar will have no further obligation to the Guest in relation to the Parking Spot and all responsibility will lie with the Host.
- GUEST RESPONSIBILITIES
You as a Guest are responsible for ensuring you only use the Parking Spot for the amount of time you have booked it for. It is the Guest’s responsibility to extend booking times if they require more time. If this option is not available, the Guest must move their vehicle within the initial booking time frame.
As a Guest, if you overstay your booking time by more than 15 minutes, you may be charged a flat $20 overstay penalty fee for every 30 min you overstay, calculated by rounding the time to the next 30 min. Half of these funds will be distributed to the Host to make up for any inconvenience caused or other Guests that may have been compromised as a result.
If a Guest has been reported to have overstayed their booking period, Oscar may put a strike against the Guest’s name. Guests that have three strikes against their name will be suspended from using the Service for three months. It will then remain in Oscar’s discretion to allow the Guest to use the Services again.
Oscar reserves the right to terminate access for Guests that repeatedly overstayed their booking time. Oscar also reserves the right to engage with a third party to tow your vehicle should you exceed the booking time by more than half of the time booked. The exceeded time is to be determined when an incident has been lodged by a Host. In such a circumstance, you will be liable for the full cost of the towing services as well as an overstay penalty owed to the Host.
As a Guest you also acknowledge that if you have overstayed your booking, another Guest or Host may ‘Lodge an Incident’ through the app or contact Oscar and book another spot. In this situation, Oscar reserves the right to assess the situation before rewarding a refund to another Guest that may have booked the spot.
As a Guest, 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.
- HOST RESPONSIBILITIES
As a Host, 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 Guests (for example, turning on the lights at night and removing any hazards). Guests may rate and report incidents (e.g. substantially incorrect or misleading listing information). Should you have more than five incidents reported against your spot, Oscar may suspend your use of the platform for a month.
You acknowledge and agree to the pre-authorisation of bookings that come through the Website or Application. This means all Guests for short term stays will be automatically accepted by you. You accept and understand that there may be risks involved in this.
As a host, you also acknowledge that Guests are provided your Parking Spot’s address once the Guest has booked the spot on the app.
The Host 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.
As a Host, you acknowledge that the pricing suggestions that Oscar provides to you are ‘suggestions’ only. If you accept Oscar’s pricing suggestions, you understand and agree that Oscar is not liable or at fault for the pricing suggestions we provide you.
You provide Oscar with authority to advertise your Parking Spot and provide information to Guests and prospective Guests who may wish to use the Parking Spot. You also provide Oscar with authority to send promotional materials to Guests and provide such information about your Parking Spot as we may deem appropriate to promote Oscar or your 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.
- DAMAGE TO PROPERTY
You as a Guest agree to act with good conscience when booking and parking in a Host’s Parking Spot. As a Guest, 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.
You as a Guest are responsible for leaving the Parking Spot in the condition you found it in when you arrived. As a Guest, you 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 Guests you may have brought onto the property with you (e.g. friends, pets etc.).
Oscar may provide tools as part of the Services to enable Hosts and Guests to communicate with each other about issues that may arise relating to property damage. However, Oscar will not be responsible for taking any specific steps to investigate or mediate disputes. The responsibility to address and resolve any such disputes lies solely with Hosts and Guests.
You as a Guest understand and agree that you are parking at your own risk and the Host and Oscar are not responsible for any damage to your car or the loss of personal belongings left in the car.
The Guest (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 Host’s property, damage to any third party property, personal injury or any other damage caused by the Guest in connection with the use of the Services, Website and Application. We will not be liable for the Driver failing to take out insurance of the kind contemplated by this section.
The Host acknowledges and agrees that it is the Host’s responsibility to take out insurance cover against (without limitation) damage to your Parking Spot, damage to any third party property, damage to the Guest’s vehicle, personal injury or any damage caused by the Host in connection with the use of the Website and Application. We will not be liable for the Host failing to take out insurance of the kind contemplated by this clause.
You as a Guest or Host understand that it is your obligation to ensure your insurance policy is properly suited to covering your use of the Services on the Application and Website. You as a Guest or Host agree that you will use reconciliation or insurance as your first means to resolve any disagreements or claims.
- PAYMENTS & FEES
In consideration for providing the Services, Oscar charges a service fee of 20% of the Parking Fee (“Services Fees”) unless otherwise agreed. All prices shown on the Application and Website are in Australian dollars.
In general, daily rates for bookings under 24 hours are calculated to be 6 times the hourly rate, however this may differ depending on the preference of the Host.
Guests are also responsible for paying the fees set by Hosts for Parking Spots (the “Parking Fees”). Parking Fees and any transaction costs (including the Service Fee) are collectively referred to herein as the “Total Guest Fees”. You as a Guest agree to pay Oscar the Total Guest Fees for any booking requested through your Account. Oscar will deduct the Service Fees from the Total Guest Fees before transferring the balance to the Host.
Oscar will collect the Total Guest Fees at the time the booking is made by the Guest and will pay the Parking Fees (less the Service Fees and any taxes Oscar is required to withhold) to the Host on a monthly basis. The time it takes for the Host to receive payouts may depend upon the method that the Host 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 Host.
For bookings over seven days in duration, the Host maintains the right to request the Guest pay a bond or deposit of a reasonable amount. Oscar will hold the bond or deposit on behalf of the Host. In the case of any loss or damage, Oscar will use the money to pay the Host and may also charge the Guest any additional charges to offset the damage or loss. Oscar will release the funds back to the Guest at the end of the lease period if no damage or loss was caused.
If the Host has not requested a bond or deposit, the Guest 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 Guest also agrees that the cost of the loss or damage will be deducted directly from their registered credit card.
The Host 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 (“Taxes”) under the Terms and Conditions in a timely manner.
Each Host hereby appoints Oscar as the Host’s limited payment collection agent solely for the purpose of accepting the Parking Fees from Guests. In accepting this appointment, Oscar does not assume any liability for any acts or omissions of the Host.
If any amount owed by the Guest 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.
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.
For Hosts and Businesses with more than 10 parking spaces that require manual car park management, Oscar will charge a flat rate of $150 for the management of the car park. For events that require over 3 hours of attendance or more than two attendees to oversee the car park, Oscar will charge an additional $100 for every additional hour or / and additional staff member required.
- TOP UPS & CREDITS
Oscar’s Services uses both monies and credits for transactions. When you top up your Account, you will receive the equivalent value in parking credits that will enable you to pay for Parking through the Website and Application.
You understand that you may be receiving parking credit through Oscar’s referral programs or promotions. Any credit amount in your Account is non-refundable and can only be used through the Website or Application.
If you do not use or top up your Account for 360 days or more, the credit balance in your Account will expire and your balance will re-set to $0. You will receive a notification from Oscar when your balance four weeks before your credit is due to expire.
To be able to book a Parking Spot, you must have sufficient credit in your Account or you will be required to top up on the spot or pay for the transaction as a one-off transaction. All transactions below $25 will incur a $0.50 transaction fee to cover the cost of the transaction.
- CANCELLATIONS & REFUNDS
As a Guest, you must cancel your booking for a Parking Spot in accordance with the Oscar’s 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 Host, any transaction and processing fees are non-refundable. Oscar will, however, refund the Host Service Fee.
For bookings less than 24 hours in duration, you may cancel a booking up to two hours prior to the start time of the booking without incurring a cancellation fee (“Cancellation Fee”). If as a Guest you cancel a booking within two hours prior to the time of the booking, you will be eligible for a refund but be charged a Cancellation Fee of 50% of the booking fee. If you seek to cancel a booking within 1 hour prior to the time of the booking, you will not be eligible for a refund.
For bookings over 7 days, the Guest must provide at least 28 days notice (unless otherwise specified) before cancelling, pausing or changing the terms of the booking. Guests who do not provide at least 28 days notice will incur a fee equivalent to the 28 days of booking. Additionally, any cancellations by either the Host or the Guest prior to the agreed end date of the lease will incur a cancellation fee equivalent of 4 weeks of the Booking Fee to cover any inconvenience caused to the Host or the Guest and is to be paid by the party that has actioned the cancellation.
For bookings over 7 days, the Guest must provide at least 7 days notice to pause the booking. A pause of the booking will incur a fee of 20% of the weekly rate that will be applied for the duration of the pause period. The maximum pause period is 1 month. Pausing a booking will ensure that the space does not become available for others to book during the period the Guest does not require the space themselves. The option to pause a booking is only available if the Host agrees to the pause.
The Guest will be entitled to a refund of the Fees for the Booking where:
- (i) A reservation is cancelled in accordance with the Terms and Conditions;
- (ii) The Parking Spot description or details are substantially incorrect or misleading;
- (iii) The Host cancels the booking; or
- (iv) Extenuating circumstances where the decision to grant a refund will be at Oscar’s sole discretion.
- (i) The Guest has cancelled the booking less than one hour prior to the time of the booking;
- (ii) The Guest 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 Guest stays for a shorter time than the Booking was made for;
- (iv) The Guest parks into a different Parking Spot than that specified on the Booking; or
- (v) The Guest does not make reasonable attempts to find the Parking Spot or contact the Host or Oscar.
The decision to grant a refund or not grant a refund, whether in full or part, is at our sole discretion. Guests acknowledge that a refund is made in the form of credits that can only be used on the Application or Website.
If, as a Host, your Guest cancels a Reservation or we decide that if it is necessary to cancel a Reservation, and we issue a refund to the Guest 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.
As a Host, you may cancel a listing for a Parking Spot at any time assuming the spot has not yet been booked. If the Parking Spot has been booked by a Guest, the Host agrees to fulfill the booking.
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 Guest all or part of the Parking Fee. You agree that Oscar and the relevant Guest or Host will not have any liability for such cancellations or refunds.
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 Host, 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 Host 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.
You as a Host understand and agree that you are solely responsible for determining:
- your applicable tax reporting requirements; and
- 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.
Oscar cannot and does not offer tax-related advice to any Hosts or Guests.
- TERMINATION OF ACCOUNT
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.
If you wish to terminate your Account, you may do so by ceasing use of the Application or Website or by contacting us at firstname.lastname@example.org. All provisions of these Terms and Conditions, which by their nature should survive termination of your Account, will survive, including but not limited to, Host provisions, warranty disclaimers, indemnity and limitations of liability.
- 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,
- 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
- use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services.
The material accessible from this Website, 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.
- 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 Guests and Hosts. 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.
The Website 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. Nonetheless, we wish to protect the users of the Website, and we therefore invite feedback about websites that are linked from this Website.
- PRIVACY & SECURITY
You may not attempt to violate the security of the Services, nor use the Services to violate the security of other persons or websites, nor to violate the law. Oscar will take all reasonably necessary steps to investigate suspected violations of these Terms and Conditions. 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. 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.
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 Website or the Application, any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Website or Application 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.
The Guest and Host 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 Guest and Host as a result of using the Website or Application and which is not publicly available information.
You acknowledge that there may be Parking Spots that are monitored by CCTV or security cameras. Your bookings to those Parking Spots will act as your agreement to such monitoring.
- DISCLAIMERS & LIMITATIONS ON LIABILITY
Oscar does not have control over the actions of Hosts, Guests and other users of the Website, Application 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.
When managing a car park on your behalf, Oscar does not accept any responsibility and disclaims any liabilities for any damage or liability incurred at the time or by our staff, contractors or any involved parties.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
We make no warranty for the quality or safety of Parking Spots or the accuracy, timeliness, truthfulness, completeness or reliability of any content displayed within the Services, including listings.
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 Website, Application and Services. Your interactions with such persons and Parking Spots 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.
In no event will the collective liability of Oscar and its officers, directors, employees, subsidiaries, licensors, vendors and other related parties including YMCI Australia (together, the “Oscar Parties”) exceed the greater of $500 or the amount that you have paid to Oscar for the Services during the most recent 12-month period.
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.
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
- Damage to or destruction of your vehicle or Parking Spot;
- Any valuables left unattended in your vehicle or property;
- Any suspension or termination of your Account;
- Errors, mistakes or inaccuracies on the Website or Application;
- Personal injury of any nature whatsoever resulting from your access to and use of the Website, Application or Services; and
- The conduct or actions of Guests, Hosts, and other users of the Website, Application or Services.
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, Website, Application and Services.
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.
As a Guest, you agree to indemnify the Host 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, Website, Application and Services.
- DISPUTE RESOLUTION
The Guest and Host agree that in the event of a dispute in relation to the Terms and Conditions, 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. We 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 Guest, Host, licensee or business relation of Oscar or any Guest or other Host 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 Site.
The Terms and Conditions may be amended from time to time by posting an updated version onto the Website or Application. You should visit the Website or Application 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 Website, Application and Services. By continuing to use our Website or Application you will be deemed to have accepted the amended Terms and Conditions.
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. 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. 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.
Oscar reserves the right to assign or subcontract our rights and obligations under the terms and conditions without notice to you or your consent.
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.
- CONTACT AND FEEDBACK
We welcome and encourage feedback and suggestions (“Feedback”) so we can improve our services. You may submit Feedback by emailing us at email@example.com. You agree that all Feedback will become the sole and exclusive property of Oscar and you hereby irrevocably assign to Oscar all of your rights in and to all Feedback. 9 September 2018