Terms & Conditions

01.

Introduction

Spotcha Technology is committed to protecting our customer's privacy. Please take the time to read this Privacy Policy which explains what information we collect about you, how we use it, and your rights. Spotcha Technology (“we” or “us” “our”) is the data controller of the personal data collected via or in connection with the Spotcha Platform www.tryspotcha.com and the Spotcha Mobile Application (Collectively. the Spotcha Platform and the Spotcha Mobile Application hereby referred to as the “Platform”). We understand that data protection is of importance to you. We are committed to complying with the Privacy laws of Australia. The use of the Platform is not possible without collecting your personal data. The collection, use, disclosure, and holding of Personal Information by Platform is in accordance to the Australian Data protection laws, primarily the Data Privacy Act, 1988.

This document contains insights into our practice concerning collection, use, disclosure, and holding of Personal Data, which is according to the Data Privacy Act, 1988. This Privacy Policy sets out the basis on which any personal data we collect from you or that you provide to us will be used.

You can read this Privacy Policy to familiarise yourself with the rights available to you concerning the protection of your personal data.

The Platform deploys state-of-the-art technology and adheres to Australian privacy principle 11, which prescribes security measures an organisation shall take to protect your personal data. The Platform ensures where a third party is involved in storage or transmission of the data that the third party mentioned thereof adheres to the best industry practices concerning data management and protection. Although internet-based technology is vulnerable to cyberattacks, therefore we cannot guarantee absolute protection.

02.

What personal data do we collect about you?

We collect personal data from you when you provide it to us directly and through your use of the Platform. This information may include:

2.1Information you provide to us when you use our Platform (e.g. your name, e-mail, address, date of birth, gender, and mobile phone number, documents related to your parking spaces and other documents such as 100 points of ID, Drivers licence or passport as well as valid and legal proof of address, utility bills, details of your cars and any information which you add to your account profile).

2.2Transaction and billing information, if you make any bookings on the Platform (e.g. credit/debit card details and delivery information).

2.3Records of your interactions with us (e.g. if you contact our customer service team, interact with us on social media).

2.4Information you provide us when you enter a competition or participate in a survey.

2.5GPS location.

2.6Geographic location (city).

2.7Information collected automatically, using cookies and other tracking technologies (e.g. which pages you viewed and whether you clicked on a link in one of our e-mail updates). We may also collect information about the device you use to access our Platform.

2.8Other information necessary to provide the Platform, for example we may access your location if you give us your consent.

03.

Personal data use

3.1

Depending on how you use our Platform, your interactions with us, and the permissions you give us, the purposes for which we use your personal data include:

3.1.1 To make bookings and maintain your online account.

3.1.2 To manage and respond to any queries or complaints to our customer service team.

3.1.3 To personalise the Platform to you and show you content we think you will be most interested in, based on your account information, your purchase history and your browsing activity.

3.1.4 To improve and maintain the Platform and monitor its usage.

3.1.5 For market research, e.g. we may contact you for feedback about our products.

3.1.6 To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so.

3.1.7 For security purposes, to investigate fraud and where necessary to protect ourselves and third parties.

3.1.8 To comply with our legal and regulatory obligations.

3.2

We rely on the following legal basis, under data protection law, to process your personal data:

3.2.1 Because the processing is necessary to perform a contract with you or take steps prior to entering into a contract with you (e.g. where you have made a purchase with us, we use your personal data to process the payment and fulfil your order).

3.2.2 Because we have obtained your consent (e.g. where you contact us with a query, where you add optional information to your account profile, or if you consent to receive marketing from us).

3.2.3 We use information about you to tailor your view of the Platform, to make it more interesting and relevant in respect of the services and offers on view

Government-related identifiers shall only be used or disclosed where necessary for verification and to provide services to you.

04.

Marketing

Depending upon your marketing preferences, we may use your personal data to send you marketing messages by e-mail, phone or post. Some of these messages may be tailored to you, based on your previous browsing or purchase activity, and other information we hold about you.

If you no longer want to receive marketing communications from us (or would like to opt back in) you can change your preferences at any time. You can contact us or click on the ‘unsubscribe’ link in any e-mail, or update your settings in your account. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (e.g. order and delivery confirmations, and information about your legal rights).

You may also see ads for our Platform on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, to enable us to serve ads to customers who have visited our Platform). Where you see an ad on social media, this may be because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your e-mail address with the social network. If you no longer want to see tailored ads, you can change your cookie and privacy settings on your browser and these third-party websites.

05.

Who do we share this personal data with?

We share customer’s personal data with third parties in the following circumstances:

5.1 With other companies as necessary to operate the Platform.

5.2 With our suppliers and service providers working for us, e.g. payment processors and delivery companies.

5.3 With our professional and legal advisors.

5.4 With third parties engaged in fraud prevention and detection.

5.5 We may also disclose your personal data if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for under the Data Privacy Act, 1988.

If we sell any business assets, the personal data of our customers may be disclosed to a potential buyer. In this event, we will make reasonable attempts to ensure the buyer will be bound by the terms of this Privacy Policy. Otherwise where we have your consent or are otherwise legally permitted to do so.

06.

Where do we store the collected information?

We store the collected information in GoDaddy servers who is our partner third-party service provider. However, there may be a scenario wherein we may have to transmit your personal data we collect to the third-party service provider. Such sharing of personal data with third parties shall be solely for the purposes mentioned in this Privacy Policy. Sharing of your personal data shall be essential for providing services to you according to the terms and conditions of our Platform. In the situation above, we shall ensure that the third party complies with the principles stated in the Data Privacy Act, 1988, or the Australian Privacy Principles.

By sending a request to info@tryspotcha.com the User shall access the details regarding such appropriate safeguards.

07.

How secure is the information?

7.1 We work to protect the security of your information during transmission by using

7.2 We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information (including sensitive personal information). Our security procedures mean that We may occasionally request proof of identity before We disclose personal information to you.

7.3 We believe in state-of-the-art security technology for protecting our Platform from any cyber-attacks or similar scenarios. Therefore, We deploy advanced technology to our Platform for providing products through the Platform so that our users can use without any consternations regarding cybersecurity issues.

7.4 However, the internet is not bereft of cyber-attacks, which have collapsed the best of technologies. We try our best to ensure the data you transmit through the Platform is secured, and no unauthorised access could be made to the data we store. We do not warrant and represent that your data is unbreachable.

08.

Storage and retention

We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your e-mail address to ensure we do not send you marketing e-mails in future.

09.

Rights concerning information collected

9.1 You have the right to access your personal data, which is held by us subject to exceptions permitted by law.

9.2 Such a request shall be in writing for record purposes and be sent to our e-mail provided below. We reserve the right to charge a fee for searching for and providing access to, your information on a per request basis.

9.3 You may request the correction of your inaccurate personal data or other information you provide us by placing a request using the contact details provided below.

10.

What choices do I have?

10.1 You have the option of not providing us with your personal data, although this may lead to you not being able to access the Platform.

10.2 You can opt-out of the e-mail communications vis-à-vis promotional or advertisement e-mail we occasionally send to you. If you do not want to receive email or other mail from us, please place a request with us using the contact information provided below. It is your responsibility to review our terms and Privacy Policy to keep yourself updated of any amendments to these documents.

10.3 We may engage third parties for providing services through the Platform to you. It may entail disclosing information, which includes personal data.

11.

Payment method: data protection provisions about the use of third-party payment processors

12.

Data protection provisions about the application and use of [third party application]

13.

Website hosting partner godaddy

We use GoDaddy, a third-party server, to host our Platform. You can locate GoDaddy’s privacy policy here . Your personal data is stored onto GoDaddy servers. Our Platform automatically logs the IP address you use to access our Platform. As the GoDaddy server is located in the US, your information is transferred outside of the European Economic Area (EAA).

14.

Data protection provisions about the application and use of linkedin

The controller has integrated components of the LinkedIn Corporation on this Platform. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Platform, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins . During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our Platform was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our Platform by the data subject—and for the entire duration of their stay on our Platform—which specific sub-page of our Platform page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our Platform, then LinkedIn assigns this information to the personal LinkedIn user account of the data subjectand stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our Platform, provided that the data subject is logged in at LinkedIn at the time of the call-up to our Platform. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our Platform is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy . The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy . The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy .

15.

Data protection provisions about the application and use of twitter

On this Platform, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Platform, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter.

Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons .

During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our Platform was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this Platform to allow our users to introduce this Platform page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our Platform by the data subject and for the entire duration of their stay on our Platform which specific sub-page of our Platform page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our Platform, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our Platform, provided that the data subject is logged in on Twitter at the time of the call-up to our Platform. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our Platform is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en .

16.

Data protection provisions about the application and use of instagram

On this Platform, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audio-visual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks. The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

With each call-up to one of the individual pages of this Platform, which is operated by the controller and on which an Instagram component (Instagram button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our Platform was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our Platform by the data subject—and for the entire duration of their stay on our Platform—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our Platform, then Instagram matches this

information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our Platform provided that the data subject is logged in at Instagram at the time of the call to our Platform. This occurs regardless of whether the person clicks on the Instagram button or not. If such transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our Platform is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/ .

17.

Data protection provisions about the application and use of facebook

On this Platform, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Platform, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/ . During the course of this technical procedure, Facebook is made aware of what specific sub-site of our Platform was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Platform page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our Platform, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our Platform by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our Platform. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our Platform is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/ , provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained under http://webgraph.com/resources/facebookblocker/ . These applications may be used by the data subject to eliminate a data transmission to Facebook.

18.

Data protection provisions about the application and use of google analytics (with anonymisation function)

On this Platform, the controller has integrated the component of Google Analytics (with the anonymiser function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymize”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our Platform and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Platform for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyse the use of our Platform. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google

Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our Platform by the data subject. With each visit to our Platform, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this Platform, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it.

This browser add-on tells Google Analytics through a JavaScript that any data and information about the visits of Website may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html . Google Analytics is further explained under the following Link https://www.google.com/analytics/ .

19.

Children

Our Platform is not intended for, and should not be used by, children under the age of 18. We do not knowingly collect personal data from children under 18.

20.

Cookies

Our Platform uses cookies and similar technologies to provide certain functionality to the Platform, to understand and measure its performance, and to deliver targeted advertising.

21.

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

22.

Provision of personal data as statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when we sign a contract with him or her.

The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

23.

Contact us

If you have any queries on any aspect of our Privacy Policy, please contact our Data Protection Officer at info@tryspotcha.com .

01.

Definitions

i) “Agreement”: These Terms of Service.

ii) “Account”: The user account created by Platform users for accessing the Platform and Services as defined in this Section 1.

iii) “Booking Fee”: Fees charged by Spotcha for booking a Parking Space on the Platform.

iv) “Booking Price”: The rate at which Hosts wish to list their Parking Space.

v) “Booking Term”: The booking period for which the Parking Space was booked. It shall commence upon the Driver reaching the designated location of the Parking Space and acceptance by the Host through the Platform.

vi) “Booking”: A booking shall be deemed to be made upon acceptance of the booking request by the Host and receipt of the Booking Fee by Spotcha.

vii) “Credit Card Holder”: the person or entity in whose name the credit card was issued by the bank or financial institution.

viii) “Dispute”: Any dispute concerning the subject matter of this Agreement, or the breach, termination, or validity thereof.

ix) “Documents”: The documents collected by Spotcha as defined in Section 9.

x) “Driver”: A Platform user who searches for and books a parking space listed on the Platform.

xi) “Feedback”: any comments, ideas and/or reports provided to Spotcha by the User.

xii) “Host”: The owner of a parking space who wants to lease out their parking spaces through the Platform.

xiii) “Host’s Share”: The amount derived from the Booking Fee payable to the Host in the ratio/percentage as provided in Section 5.5.

xiv) “Marks”: The Marks include the Platform associated names, logos and all related products, design marks and slogans, and all other material collectively comprising the Platform.

xv) “Minimum Booking Period”: The Parking Spaces listed on the Platform can be booked for a minimum period of not less than one (1) hour.

xvi) “Parking Space”: vehicle parking space owned by a Host and listed on the Platform.

xvii) “Parties”: Spotcha Technology and the User, collectively.

xviii) “Password” The password associated with the user Account.

xix) “Penalty fee”: In certain events Spotcha may charge a penalty fee which shall be notified to the Platform users through appropriate means as may be decided by us.

xx) “Personal Data”: The data collected by us which may include without limitation, the first and last name, phone number, date of birth, vehicle number, house number, etc.

xxi) “Platform Content”: Intellectual Property of Spotcha in the form of content, graphics, videos, audios, text, and any other digital content.

xxii) “Platform”:  tryspotcha.com  website and the Spotcha mobile application collectively.

xxiii) “Service”: as defined in Section 3.

xxiv) “Spotcha’s Share”: The amount derived from the Booking Fee as provided payable to Spotcha in the ratio/percentage as provided in Section 5.5.

xxv) “Term” The Term of this Agreement begins as soon as you access the Platform and continues as long as you use the Services and the Platform.

02.

Introduction

Thank you for choosing Spotcha Technology (hereinafter referred to as “Spotcha”, “we”, “us”, or “our”), a company based in Australia. This Agreement regulates the use and access of the Platform.

This Agreement sets out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform and the Services. By clicking “Accept” Terms of Service when prompted or making an Account or, using or accessing the Services and the Platform, you understand that you will adhere to these Terms of Service and all other operating rules, policies, and procedures that may be issued periodically on the Service by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms of Service, please do not access our Platform or the Services.

By accepting this Agreement, you agree that the Agreement constitutes a binding contract, effective as of the date of first acceptance by you, between Spotcha and you the user (hereinafter referred to as (“users”, “you” and “your”) (each a “Party” to the Agreement and collectively, the “Parties”).

03.

The service

Through the Platform, Spotcha provides an on-demand parking solution. Spotcha provides you with affordable parking solutions from anyone with spare space to lease. The users of our Platform can be divided into: (a) the Drivers and (b) the Hosts who want to lease out their Parking Spaces and list their Parking Spaces on the Platform. The Platform lets you search for convenient and secure parking spaces according to your needs. You can connect with the Hosts through the Platform and book the Parking Spaces listed on our Platform. As a Host you can list your parking space on the Platform. After we receive Booking and payment confirmations, our Platform will navigate you to your selected Parking Space (the foregoing services mentioned in this Section 3 are hereinafter referred to as the “Service(s)”.

04.

Eligibility

4.1

To use our Platform, both Hosts and Users must:

4.1.1 Be at least of the age of majority and not disqualified from entering into contracts under any law.

4.1.2 Complete the registration process.

4.1.3 Agree to this Agreement and  Privacy Policy .

4.1.4 Provide true, complete, and up to date legal and contact information.

4.1.5 You represent and warrant that you have the authority to accept this Agreement.

4.1.6 By using and accessing the Platform and Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Platform or Services in a way that violates any laws or regulations. Spotcha may refuse Service, close accounts of any users, and change eligibility requirements at any time.

4.1.7 By accepting this Agreement, you represent and warrant that you are qualified concerning the conditions stated herein and therefore are permitted to use the Services. If you do not meet any of the conditions stated herein, you shall not access/use the Platform or the Services and must cease to be a user.

05.

How it works

5.1 Host

As a Host, you can list your Parking Space on the Platform by creating an Account on the Platform and creating a profile. You will have the ability to change the status of your Parking Space as “Live” (Which will mean Host’s Parking Space is available to book) and “Not Live” (Which will mean Host’s Parking Space is not available for Booking). You acknowledge and agree that Spotcha is an on-demand service. Hosts will receive responses from Drivers through the Platform in the form of notifications (only on the mobile application). If the Host accepts the Driver’s request, the Driver will be guided to the location of the Host’s Parking Space and such Driver shall be able to utilise the Host’s Parking Space immediately upon the Host’s booking acceptance and receipt of payment by Spotcha.

When a Driver arrives at a Host’s Parking Space, Spotcha recommends that the Host be courteous to the Driver and let the Driver examine the Parking Space. We suggest that the Host should be present at the time when the Driver arrives at their Parking Space. In the event the Host is not able to be present at their respective Parking Space at the time of the Driver’s arrival, the Host can appoint their representative to carry out the booking obligations under this Agreement and the Booking Agreement. Spotcha does not monitor the booking process when the Host and the Driver make contact with each other at the Parking Space. Thus, Spotcha disclaims any liability arising out of the interaction between the Host and the Driver at the Parking Spaces.

The Host hereby authorises Spotcha to: (a) advertise your Parking Space on the Platform and provide information to the Drivers who wish to use the Parking Space. (b) to refer to you or your Parking Space at any time in the future to publicise ourselves or our Platform. (c) to send promotional materials to Drivers and provide such information about your Parking Space as we may deem appropriate to promote Spotcha or your Parking Space. (d) to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space 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.

You hereby through this reference, appoint Spotcha as your agent for the purposes of forming an agreement between you and the Driver to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all or part of the Booking Fee from the Driver(s) and transfer to you the Host’s Share minus any fees or charges as specified to you at the time of you Booking confirmation.

5.2 Driver

As a Driver, you will be able to book Parking Spaces listed on the Platform after creating an Account. However, Drivers will be able to book Parking Spaces solely through the Spotcha mobile App. Once Drivers book Parking Spaces listed on the Platform and such Booking is confirmed by the respective Host and Spotcha receives payment, Drivers will be guided to the location of the Parking Space and will be able to utilise the booked Parking Space immediately.

5.3 Bookings

The Parking Spaces listed on the Platform can be booked for a period of not less than the Minimum Booking Period as defined in this Agreement. Drivers will be able to interact with the Hosts once the Booking has been accepted and Spotcha receives payment using the in-built messaging system integrated in the Platform. The Platform shall not allow the Drivers to book the Parking Spaces for a period less than the Minimum Booking Period. The Booking Term shall commence upon the Driver reaching the designated location of the Parking Space and acceptance by the Host through the Platform.

The Drivers will receive a notification 30 minutes prior to the expiry of the duration for the Booking Term. In the event the Parking Space booked by the Driver is not vacated by the Driver immediately after the expiry of the Booking Term, Spotcha may charge a Penalty Fee in such situation which will be notified to the Drivers through the Platform or using appropriate means as may be decided by Spotcha. The Hosts shall have the duty to notify Spotcha that the Parking Space has been vacated by the respective Driver through the Platform by ending the parking via the Spotcha mobile application.

5.4 Cancellations and refunds

Drivers can cancel their Booking prior to the acceptance by the Hosts, in such situation, the Drivers will not be charged any Penalty Fee. In the event that the Host accepts the booking request made by the Driver and the Driver wishes to cancel the Booking, the Driver shall not be entitled to receive any refunds and will be charged the full amount listed on the Platform with respect to the Parking Space. In the event a booking request is declined by the Host after a Booking has been made, The Driver shall be entitled to a full refund.

5.5 Commission

Spotcha will receive a commission not less than 20% hereinafter known as Spotcha’s Share, from the payments received from the bookings made on the Platform or the Booking Fee. The Host shall be entitled to receive not more than 80% from the Booking Fee hereinafter known as the Host’s Share. The Host’s Share is ordinarily disbursed by Spotcha within one to three business days after the Booking is confirmed by the Host and Booking Fee is received by Spotcha. Notwithstanding the foregoing, Spotcha shall not be liable to disburse the Host’s Share in the event a charge back is initiated by the Driver.

06.

Term

The Term of this Agreement shall be as defined in Section 1 of this Agreement. By accessing the Platform, using the Services, and registering an Account on the Platform means that you have officially “signed” this Agreement and our Privacy Policy.

07.

Personal data

For optimally using the Platform and the Services provided by Spotcha, we will require your Personal Data You agree that your Personal data is collected by us with your consent.

08.

Account registration

8.1 To access the Platform and Services, you need to register for a user Account on the Platform. For continuous access to our Platform and the Services, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the particular user Account.

8.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username, a name, e-mail, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.

8.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account Password with anybody or do any such act which promotes unauthorised use of your Account. You shall take all measures to protect your Password, including but not limited to restricting use of your personal device.

8.4 You must notify us immediately on our Platform of any change in your eligibility to use the Services, breach of security, or unauthorised use of your Account. You shall have the ability to delete your Account, either through the Platform.

8.5 You understand and agree that by creating an Account you agree to receive communication concerning marketing e-mails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

09.

Parking space listing

The Hosts shall be free to decide the Booking Price for their respective Parking Spaces.

To list Parking Spaces, you will be required to be of the age of majority, give us details such as including without limitations, address of the Parking Space(s), description of the Parking Space(s), features of the Parking Space(s) (Car wash, disability access, security gates etc.), photos of the Parking Space, type of Parking Space (Driveway, lock up garage, school parking, etc.), the maximum car size which may fit in your Parking Space and other details Spotcha may require from time to time. There is no limit to the number of Parking Spaces the Hosts will be able to list on the Platform.

Spotcha will conduct a verification process prior to the listing of Parking Spaces on the Platform, and the Hosts will be obliged to provide documents to Spotcha for conducting such verification. Such Documents may include without limitations, 100 points of ID such as a Drivers licence or passport as well as valid and legal proof of address, utility bills, etc.

You hereby acknowledge and agree that the Platform is an online marketplace for the advertisement of the Parking Spaces owned or controlled by the Hosts. Spotcha will in no event be responsible for the Parking Spaces, with the exception of providing you with the Services as mentioned in this Agreement. We will try to ensure that the Parking Spaces listed on the Platform are of good quality, however we do not offer any guarantee that the Parking Space will be as per the Driver’s requirements. We rely on the Hosts for details about a Parking Space given on the Platform and whilst we use reasonable efforts to verify the accuracy of such information, we offer no warranty in relation to these details.

Drivers will be able to book a Parking Space listed on the Platform once agreed upon by the respective Host. The availability, price, and location of the Parking Spaces will be indicated through the listings on the Platform.

10.

Intellectual property rights

10.1 10.1 The Platform Content defined in Section 1 is the Property of Spotcha and their affiliates. This is an agreement for the use of the Platform, and you are not granted a license to any Platform Content under this Terms of Service. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; (iii) reproduce or copy the Platform Content or any part thereof; (iv) modify, translate, or create derivative works based on the Platform Content; (v) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (vi) create any derivative product from any of the foregoing; (vii) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (viii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Agreement.

10.2 You acknowledge and agree that the Platform, the Marks as defined in Section 1, are the property of Spotcha or its affiliates. Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorised to use any of the Marks in any advertising, publicity, or any other commercial manner without our prior written consent. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Spotcha or its third-party suppliers, as the case may be.

10.3 You acknowledge and agree that any Feedback you provide us shall be the property of Spotcha and you hereby irrevocably transfer and assign to Spotcha such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

10.4 It is our Policy to limit your access to our Services and the Platform if you infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Services infringes any copyright that you own or control, please contact us using the information provided in section 24.

11.

Third-party services

The Platform and the Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Platform Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for anything including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

11.

Transactions done through credit cards and chargebacks

When you complete a transaction on the Platform using a credit card for payment, you agree to the following terms and conditions:

12.1 You are the Credit Card Holder, a representative of the credit card holder or the credit card holder is aware you are making the purchase and has authorised you in advance to make the purchase using their credit card.

12.2 If you aren’t the Credit Card Holder, you agree to notify the Credit Card Holder of the transaction prior to making the transaction, and you guarantee Spotcha that you have made the Credit Card Holder aware of the transaction in advance.

12.3 In case of any problems with the transaction, you will contact Spotcha to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company.

12.4 To threaten a chargeback to alter Booking Price after a transaction is placed is extortion. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, and our respective merchant service. We will prosecute to the full extent permitted under the law.

12.5 An unauthorised credit card chargeback after Spotcha receives the Booking Fee is known as friendly fraud or chargeback abuse. Even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police.

12.6 We shall report all wrongful or fraudulent chargeback to the local police, your bank, and relevant merchant service. We track every transaction and will use all means available to prosecute persons attempting fraud.

12.7 We accept only those credit cards mentioned on the Platform as the payment options for your purchase.

13.

Termination

We reserve the right to terminate your access to all or any part of the Services or Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall mean that effective immediately, you will be prohibited from accessing or using the Services or Platform for any reason. All fees paid hereunder are non-refundable. The provisions of this Agreement, which by their nature should survive termination, shall survive termination, including but not limited to warranty disclaimers, ownership provisions, limitations of liability and indemnification.

14.

Release

To the maximum extent permissible by applicable law, you hereby absolutely release Spotcha and its affiliates from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.

15.

Disclaimers

15.1 You acknowledge and agree that spotcha does not have an obligation to conduct background checks on any host or driver.

15.2 No advice or information, whether oral or written, obtained from spotcha or through the platform or related services will create any warranty not expressly made herein.

15.3 You are solely responsible for all of your communications and interactions with other users of the platform and with other persons with whom you interact as a result of your use of the platform, including, but not limited to, any hosts and drivers.

15.4 You agree that spotcha does not make any attempt to verify the statements of users of the platform or services or to review or visit any parking spaces. Spotcha makes no representations or warranties as to the conduct of users of the platform or services or their compatibility with any current or future users of the platform, or services.

15.5 You agree to take reasonable precautions in all communications and interactions with other users of the platform or services and with other persons with whom you communicate or interact as a result of your use of the platform, or services, including, but not limited to, hosts and the drivers, particularly if you decide to meet in person.

15.6 We are not responsible for the location or condition of a parking space, its availability or the conduct of the hosts during the booking period. We act as agents for the hosts and by making a booking the driver is entering an agreement with the host under which the host is bound to provide the driver with the parking space, subject always to this agreement.

15.7 Unless stated otherwise in these terms, once we have confirmed the driver’s booking, we have no further obligation to the driver in relation to the parking space, the booking period or booking and all responsibility lies with the hosts.

15.8 We make great efforts to ensure that our hosts offer a good service and provide their parking space in accordance with driver’s expectations, but we accept no responsibility and will have no liability if the parking space or the services of the hosts generally do not meet the requirements of the drivers. The right of action or claim in such circumstances will be against the hosts, but we may assist (at our discretion) in seeking to resolve a dispute between the driver and the host.

16.

Warranty disclaimer

If you choose to use the platform, you do so at your own risk. The services are provided on “as is”, “as available” basis. The services are provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. Spotcha, our directors, employees, agents, suppliers, partners, and content providers do not warrant that: (i) the services are or will be secure or available at any particular time, instance or location; (ii) any defects, material or not, or errors will be corrected; (iii) any/all content or software available at or through the services is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular service, content, or product referred to in the services is safe, appropriate, or effective for your and/or your employees; (vi) that results of using the services provided by us will meet your requirements; (vii) the use of the services provided by us shall comply with any laws, rules, regulations, requirements, policies, qualifications, or best practices, including but not limited to privacy laws, professional licensure, or reimbursement; (viii) the use of the services shall not result in legal duties or liability. We do not guarantee in any instance that any particular content or material shall be made available through the services.

17.

Indemnification

You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless Spotcha and our affiliates, including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform and the Services; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (e) otherwise in violation of this Agreement in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.

18.

Limitation of liability

The use of the services offered by us is entirely at your own risk. In no case shall we, nor our officers, directors, employees, contractors, agents, partners, suppliers, content providers, or any users be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory with regards to the services for: (i) any lost profits, loss in revenue, loss of goodwill, any data loss, loss of use, cost of procuring substitute goods or services, other intangible losses, or indirect, incidental, special, punitive, compensatory, exemplary, reliance, punitive, liquidated, or any similar consequential damages of any type whatsoever (however arising), (ii) any viruses, bugs, trojan horses, or the like (regardless of the source of origin), (iii) any personal injury or harm, including death, which is caused by your use or misuse of the services, (iv) any claims, demands, or damages arising out of or relating to any dispute between you and any other user of the services, or (v) any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein (vi) any direct damages in excess of (in the aggregate) of the greater of (a) any fees paid by you for using particular services during the immediately previous three (3) month period. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement. Nothing in this agreement shall be deemed to exclude or limit your liability in respect of any indemnity given by you under this agreement. No claim may be brought against us in relation to this agreement more than 1 month following the booking to which the claim relates. We will not be liable to you in the event of a claim by a host or driver against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this agreement to either you or the host or driver in such circumstances.

19.

Platform and server access restrictions

You agree to not accessing Platform Content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting:

19.1 To probe, scan, or test the vulnerability of the Services, the Platform and the App, or any associated system or network, or to breach security or authentication measures without proper authorisation.

19.2 interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website and the App or Services, overloading, “flooding,” “spamming,” “mailbombing,” “hacking,” or “crashing”.

19.3 using the Platform and the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.

19.4 forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.

20.

Modification

We shall have the right to make modifications or replace any of the terms of the Agreement, or suspend, change, or discontinue the Platform and the Services (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform or the Services. We may also do so by sending you a notice via e-mail, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may, if required to do so, restrict your access to parts or all of the Platform and the Services without notice or liability. We endeavour to try and provide notice of modifications to this Agreement. However, you agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.

When you continue to use the Platform and the Services after notification of any modifications to the Agreement, it shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform and the Services going forward. Your use of the Platform and the Services is subject to the Agreement in effect at the time of such use.

21.

Governing law

This Agreement, your access to and use of the Platform, Services, and your transactions done on the Spotcha Platform shall be governed by and construed and enforced in accordance with the laws of Australia.

22.

Governing law and dispute resolution

The parties agree that the validity, operation, and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Australia applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement.

Any Dispute concerning the subject matter of this Agreement, or the breach, termination or validity thereof will be settled exclusively in accordance with the procedures set forth herein. The Party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other Party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fourteen (14) calendar days of receipt by the relevant Party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either Party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.

23.

Miscellaneous

23.1 Entire agreement and severability. This Agreement is the entire agreement between you and us with regards to the Platform and the Services. This Agreement supersedes all prior contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform or the Services. If any provisions mentioned in this Agreement are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23.2 Relationship of the parties. You and Spotcha are independent contractors. This Agreement shall not and does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind Spotcha in any respect. Unless expressly stated otherwise in this Agreement, there are no third-party beneficiaries to the Agreement. We do not have any special relationship with you nor any fiduciary duty.

23.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, and governmental action.

23.4 Assignment. You agree that this Agreement is personal to you, and is not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

23.5

Notices. All notices under this Agreement shall be in writing unless otherwise specified in this Agreement. Notices to us shall be sent by e-mail to you shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known e-mail address (or the e-mail address of your successor, if any) and/or to any e-mail address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission. info@tryspotcha.com

23.6 No waiver. Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

23.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.

24.

Contact

You may get in touch with us through our website or email info@tryspotcha.com

This Spotcha Booking Agreement (hereinafter referred to as the “Agreement”) sets out the terms on which the hosts agree to permit the driver to use their parking space.

This Agreement is between the driver ("Driver") who has booked a parking space through the Spotcha website and/or mobile application (“Platform”) and the owner or operator ("Host") of the parking space ("Parking Space") which has been booked. (The Driver and the Host hereinafter referred to as individually each a “Party” and collectively as the “Parties”).

This Agreement and any other terms included in a Host's listing are a contract between the Driver and the Host. Spotcha Technology (hereinafter referred to as “we”, “us”, “our”) is not a party to this agreement.

This Agreement shall be read with our Terms of Service and they shall be incorporated in this Agreement through this reference. In the event of any conflict in the terms of this Agreement or our Terms of Service, the Terms of Service shall prevail.

01.

Term

The term of this Agreement begins as soon as the booking request placed on our Platform is accepted by the Host and payments associated with the booking is received by us And, terminates on the expiry of the time period indicated in the original booking.

02.

Driver’s duties

The Driver hereby through this reference agrees to:

2.1 Keep the Parking Space clean and clear of any trash or rubbish and leave the Parking Space in the original condition it was found.

2.2 park their vehicle in the Parking Space without obstructing any other parking space(s) on the Host’s property.

2.3 notify us and the Host in the event any damage is caused to the Parking Space during the term of this Agreement.

2.4 not do or cause to be done any act which may cause or become a nuisance (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or owner or occupier of any neighbouring property.

2.5 not do anything which may be considered illegal or immoral.

2.6 not to conduct any commercial activities on the Parking Space.

2.7 not to use the Parking Space other than for its intended purpose.

2.8 have a valid driving license in their possession at all times.

2.9 indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the Driver’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Seller.

2.10 We recommend that the Driver take time-stamped photos of the Parking Space upon arrival to protect themselves from any frivolous claims of any damage to the Parking Space which may be made by the Host. If the Driver upon inspection of the Parking Space discovers any changes to the integrity of the Parking Space or observes any damage to the Parking Space, the Driver shall inform us of such changes to the Parking Space immediately upon discovery through the Platform.

03.

Host’s duties

The Host hereby warrants that:

3.1 They are the owner or, are authorised to use and allow third Parties to use the Parking Space.

3.2 They have the permission of their landlord, tenant or company and other persons who control the apartment or complex of which the Parking Space is a part of.

3.3 They have the authority to grant a license to use their Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.

3.4 They agree to indemnify and hold us harmless against any loss we may suffer due to the Host’s breach of the terms of this Agreement and other.

3.5 We recommend that the Host should upon the arrival of the Driver to their Parking Space, take time-stamped photos of the Parking Space to protect themselves in the event any damage is caused to their Parking Space by the Driver. In the event the Host upon inspection of their Parking Space at any time during the duration of this Agreement discover any damage caused to their Parking Space by the Driver, the Host shall inform us via the Platform of any such damage to the Parking Space promptly upon discovery of damage.

04.

Representations and warranties

4.1 The Parties warrant that they have the power to enter into this Agreement and have obtained all necessary approvals to do so.

4.2 The Parties warrant that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other.

4.3 The Parties agree not to incorporate any additional terms into this Agreement other than the restrictions clearly included in the Host’s listing on the Platform.

4.4 The Parties shall not propose any additional terms or amendments to this Agreement without our consent at any point of time.

4.5 The Host is not obliged to accept any additional terms after a booking is accepted by them.

05.

Reporting misconduct

In the event the Parties find that the manner of the conduct of either Party is inappropriate, reckless, racially abusive, illegal, or otherwise strongly objectionable, the Parties should notify us in the event if such problems arise. The Parties acknowledge that it shall be the responsibility of the Parties to notify the relevant authorities.

06.

Damage to parking spaces, vehicles and associated property

The Driver shall be responsible for leaving the Parking Space clean and tidy. The Driver shall be responsible for damage caused to the Parking Space and any associated repair costs that may arise out of such damage caused to the Parking Space to associated property, to or other vehicles located on or in the vicinity of the Parking Space. The Driver agrees that a confirmed booking or Parking Space on the Platform is a license granted to the Driver by the Host, to park their designated vehicle on the Parking Space.

As such, you understand that we are in no way responsible for any damage you cause to the Parking Space or associated property or vehicle(s) and agree to indemnify us against all claims in this regard.

If you do not fully agree and acknowledge this Agreement and the Spotcha Terms of Service, please do not use the Platform. In the event that a Driver reports to either us and the Host, the need for repair or cleaning, and such repair or cleaning request is verified by us, it shall be the duty of the Host to provide a clean Parking Space to the Driver and make reasonable repairs to the Parking Space at their sole discretion and, the Host shall bear all associated costs of repair and cleaning in such case. The Driver shall have the right to terminate this Agreement in the event the Host refuses to provide a clean Parking Space or provide repairs for the same and, all fees and amount paid by the Driver shall be refunded at our sole discretion upon investigation. As a Driver, you agree to cooperate with us in good faith, on any matters regarding damage to the Parking Space.

As a Host, you acknowledge that you are responsible, to the best of your ability and in good faith, for ensuring that the Parking Space is clear, accessible and unlikely to result in any damage to a Driver’s vehicle. You acknowledge that you agree to indemnify us against any damage to any Parking Space or associated property or vehicle(s), as a result of listing or leasing your Parking Space through the Platform.

07.

Overstaying without the host’s consent

The Driver hereby agrees to park their vehicle on the Host’s Parking Space for the period designated in the booking and agrees to leave the Parking Space no later than the departure time indicated in the original booking. The Driver affirms, acknowledges and agrees that the Host is only granting a limited license of use to the Driver with respect to the Host’s Parking Space. Nothing in this Agreement shall function to confer ownership or title of the Parking Space to the Driver. In the event the Driver does not vacate the Parking Space for any reason, we may at our sole discretion, levy a penalty fee on the Driver.

In the event the Driver is running late or an event occurs which may prevent the Driver from removing their vehicle from the Parking Space, the Driver shall inform the Host of the situation solely via the Platform and no other means, prior to the expiry of the parking time.

In the event the license granted to the Driver to park their vehicle on the Parking Space expires due to the Driver’s overstay, the Host shall have the right to remove the Driver’s vehicle by taking reasonable steps.

In the event the Host has the Driver’s vehicle removed from their Parking Space, we shall not be liable for any damage caused to the vehicle during the removal process or otherwise.

As a Driver, you agree that we may (in our role as a limited collection agent for the Hosts) charge your credit card or other payment methods we have on file to collect any additional sum incurred as a consequence of your failure to remove your vehicle or possessions on time. Such additional sums may include (without limits) the cost of having a third-party service remove your vehicle or possessions, compensation paid to subsequent parking bookings that were unable to use the parking space, or parking fines.

08.

Confidentiality

The Parties agree not to disclose any confidential information they may receive directly or indirectly from each other. Confidential information may include information of such nature which is obtained during the course of this Agreement. Confidential information shall not deem to include any information which is available in the public domain.

09.

Our liability

The Parties agree that we shall not be liable in any way, if the Parties suffer any losses due to any claims brought by any government authority or other relevant public authority.

10.

No waiver

The failure to enforce any part of this Agreement shall not constitute a waiver of the right to later enforce that or any other part of this Agreement.

11.

Severability

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.