Terms & Conditions

Acceptance of Terms

1. These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Host” or the “Renter”) and Spacer.com Inc (“Spacer”), (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.

2. By creating an account on Spacer.com, you register as a user of Spacer (“User”) and you enter a legally binding agreement with Spacer on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website.

3. Spacer reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.

Defined Terms

4. Host: the person advertising via the Website and providing a Space in order for the Renter to park their vehicle

5. Space: the physical space at the Host's address in which vehicles are parked under a Contract

6. Renter: the person paying the Total Fee and utilising a Space to park a vehicle belonging to them or under their possession

7. Listing: an advertisement or post on the Website offering a Space to park a vehicle

8. Contract: Agreement between a Host and a Renter to utilise a Space to park a vehicle for a Total Fee

9. Parked vehicle: means the vehicle parked under a Contract

10. Total Fee: Consists of the aggregate of Spacer Rent and Spacer Commission

11. Spacer Rent: The Listing price applied by a Host for the use of a parking Space

12. Spacer Commission: Fee paid to Spacer calculated as 15% of the Spacer Rent.

13. Host Guarantee Contribution: Contribution deducted from Spacer Rent calculated as 2.5% of the Spacer Rent. Introductory offer of 0% host guarantee contribution until 30 June 2020.

14. Payment Manager: Stripe Inc, https://stripe.com/about

General Conditions

15. Purpose of site: Spacer makes available a platform or marketplace with related technology for Renters and Hosts to list, quote and arrange for bookings of parking (“Contract”). The Company is not a rental agent or property broker. Spacer acts as an intermediary for members to transact and is not considered a party to any Contract between the Host and the Renter.

16. We reserve the right to close your account or to remove or disable access to any Listing for any reason, including Listings that Spacer, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.

17. The laws of the State of Delaware, USA apply to these Terms and Conditions and the parties submit exclusively to the courts of that jurisdiction.

Obligations of all Users

18. Registration with the Website requires the User to either log in via Facebook or supply your name, and email address and a password. Once registered, you will receive a User identification number, which together with your email address and password constitute the “Registration Details” of your User account.

19. When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).

20. Each Listing by a Host is an offer to enter a legally binding Contract with the Renter. If the Renter indicates through the website that the proposed terms of the Listing are accepted, the Host will receive by email the booking request, to which they must respond within 48 hours. In the absence of response, the request is considered rejected. If they accept the reservation, the Contract is confirmed and the Fee is taken from the Renter.

Specific Obligations of Hosts

21. To create a Listing, the Host must describe the Space, along with any conditions of parking they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, whether or not a deposit is required for access cards/keys, and access offered. The Host will also disclose to the Company the price he wishes to charge for parking (the “Spacer Rent”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Space becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.

22. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.

23. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Host with a check, cash, or any payment method other than by payment through Spacer.

24. In the event a Renter fails to make full payment to Spacer required under this agreement, the Host agrees to:             

a. Assign their rights as bailee to Spacer;

b. Assist Spacer to the best of their ability by complying with any and all reasonable requests (such as, but not limited to: denying the Renter access to the property and their vehicle, taking images of the vehicle, allowing third party access to view the vehicle, and providing any reasonable information as requested by Spacer). Should the Host fail to comply with any reasonable request, this may (at the sole discretion of Spacer) be deemed sufficient to cancel the agreement and immediately cease all payments to the Host.

Specific Obligations of Renters

25. By entering into a Contract with a Host you warrant and represent that you will only use the space for parking of a registered motor vehicle, you are not seeking storage of Prohibited Goods and will not use the Space for any unlawful purpose, and you will not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises.

26. The Renter undertakes to pay the Fee promptly, fully and in good faith and using the online Payment Manager upon confirmation of the Contract with the Host.

27. Payment to Spacer of less than the amount owed does not affect your obligation to pay the balance. Acceptance of this part-payment is not a waiver of any rights Spacer has under this agreement.

28. Should you fail to pay the full amount due, or if any payment is dishonored or cancelled, you acknowledge that Spacer incurs internal and external costs, and you agree to pay all costs in full.

29. The Renter will comply with the access and security arrangements in the Contract or as otherwise agreed, and keep safe any keys or other items used to access the Space.

30. Vacation of Space: At or before the end of the booking period of the Contract or upon terminating the Contract in keeping with the terms of clauses 40 through 46, the Renter must vacate the Space completely. The Renter must remove all contents and debris and leave the Space in good “broom clean” condition.

31. Pursuant with clauses 36 through 42 of these Terms and Conditions, the Renter will remove the vehicle from the Space upon request by the Host, provided that the Host gives at least four weeks’ notice in writing of such request.

32. The host may refuse you or any other person access to their premises, or your parking space (including after termination of your agreement) if:             

a. You haven’t complied with one or more of your obligations under this agreement; or

b. You haven’t provided suitable identification to the host upon commencement of this agreement.

Obligations of Spacer

33. Upon acceptance of a Contract between a Host and a Renter, Spacer will collect Total Fees from the Renter. All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.

34. Total Fees consist of the aggregate of the Spacer Rent and Spacer Commission. The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager will then initiate payment of Spacer Rent less the Host Guarantee Contribution to the Host either within two (2) days of the Renter moving in or within three (3) days of the Contract acceptance, whichever is earlier.

35. Spacer will collect from the Renter the first payment at the time of booking confirmation. If the rental period is extended, Renters will be charged monthly Total Fees on a recurring basis. In that instance Spacer will collect Total Fees and initiate payment of Spacer Rent to the Host within ten (10) days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Spacer, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments. Where a contract has been extended, Spacer will continue to collect Total Fees on a monthly recurring basis until the Renter or Host provides notice of termination of the lease under Clause 8.

Cancellations, Variations & Termination of Lease

36. Either User (Host or Renter) may cancel the Contract without penalty within one (1) day of acceptance by providing notice in writing or through the Website (“Money Back Guarantee Period”) provided the Contract has not commenced. If either party seeks to cancel or amend the Contract outside of the Money Back Guarantee Period, that party must provide one (1) month notice in writing and the conditions of clauses 38 and 39 apply.

37. If, as a Renter, you cancel your requested booking inside the Money Back Guarantee Period, Spacer will refund any nominal amounts charged to your credit card in connection with the requested booking. If, as a Host you cancel the requested booking inside the Money Back Guarantee Period, you will not be entitled to receive any Spacer Rental payments, and you must immediately repay any monies received in advance as consideration of the Contract being completed.

38. If, as a Renter, you wish to cancel or terminate the Contract outside of the Money Back Guarantee Period, you must provide one (1) month notice (“Notice Period”) in writing to the Host and through the Website of your intention to cancel or terminate the Contract, and pay Total Fees for the whole Notice Period, regardless of whether you have vacated in that period. The Host will receive the Spacer Rent for the whole Notice Period.

39. If, as a Host, you wish to cancel the Contract outside of the Money Back Guarantee Period, you must provide one (1) month notice (“Notice Period”) in writing to the Renter and through the Website of your intention to cancel the Contract. By cancelling the Contract, you acknowledge that you are breaking the terms of the Contract, agree to continue to allow the space to be used for the Notice Period (if already located in the Space) and forfeit the Spacer Rent payable to you for the period of the Notice Period. Spacer may, at its absolute discretion, refund part or all of the Spacer Rent paid by the Renter for the Notice Period.

40. Clause 38 and 39 do not apply where the Contract is terminated due to non-payment of fees, or a party is in breach of its obligations under these Terms and Conditions or the Contract.

41. Termination conditions: If, as a Host, you have reasonable suspicion that a Renter is storing Prohibited Goods or is in breach of these Terms and Conditions, you have the right to immediately terminate the Contract and to ask the Renter to remove the items from the premises. The Host shall provide reasonable notice and opportunity for the Renter to cure such breach or otherwise remove such items. The Host may also take steps to inform law enforcement authorities and take actions to remove the items from their property.

42. Termination conditions: In the event a Renter fails to make full payment by the due date required by Spacer under this agreement, the Renter agrees to:             

a. At 3 days overdue, the addition of a $25 late fee. This fee may be waived at the sole discretion of Spacer should the Renter make full payment before the close of business on the 7th day overdue.

b. At 3 days overdue, the Renter will be denied access to the Space or Host's property until the default is cured.

c. At 7 days overdue, Spacer claims, and you grant, a contractual lien over your  on any and all properties under agreements with Spacer.

d. At 14 days overdue, Spacer or the Host may immediately terminate the Contract and require the immediate removal of the vehicle from the Space.

c. At 28 days overdue, at the sole discretion of Spacer, consider all the items in the Space to be abandoned by the Renter and treated as such.

Abandoned Goods

43. If at any time:             

a. You fail to pay Spacer.com any amount you owe that is due, within 28 days of the due date; or

b. You fail to remove your vehicle when required to do so under this agreement; and You fail to rectify either despite receiving notification, your vehicle will be deemed to be ‘abandoned goods’ for the purposes of this clause.    

44. In the event that your vehicle is deemed to be ‘abandoned goods’ you acknowledge and agree that:             

a. It’s not reasonable for your vehicle to remain on the host’s premises and that Spacer.com will by necessity, need to deal with your vehicle.

b. Spacer.com may dispose of (which may include dumping at a waste facility); or

c. Find alternative parking for; or

d. Sell any or all of your abandoned goods on terms Spacer.com.au deems reasonable;    

45. In the event that your vehicle is deemed to be ‘abandoned goods’ Spacer.com will incur further costs in dealing with them, you acknowledge this and agree to pay all costs.

46. You agree to indemnify Spacer.com, it’s directors, contractors, agents and employees from all damages, claims, action or liability that may eventuate from exercising the rights of Spacer.com in dealing with your abandoned goods.

Insurance

47. The Host is responsible for the Space and is expected to hold comprehensive home and contents insurance on the property on which the Space is located. Spacer recommends that the Host inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract.

48. Spacer has arranged on behalf of Users an insurance policy (“Insurance Policy”) to provide specific cover against:             

a. General (Public and Personal) Liability incurred by 3rd parties.

b. Errors & Omissions Liability.

c. Management Liability.

Intellectual Property

50. The Website and all intellectual property belonging to or associated with the Company, including any trademark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and worldwide copyright laws and you agree that you will not infringe any such rights in any way.

51. Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.

52. The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.

53. All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.

54. When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.

Confidentiality

55. All Users must treat all information available and otherwise provided through the Spacer Website as strictly confidential, and may only use that information for the purpose of organising the storage of goods through Spacer.

56. Confidential Information expressly includes contact details of each User, address for parked vehicle, and information about the parked vehicle and does not include any information already in the public domain, or independently known to the User.

Privacy Policy

57. Spacer has a Privacy Policy which forms part of these Terms and Conditions. You must read and agree to the Privacy Policy prior to using the Website.

Limitations and Indemnity

58. Spacer provides the Website and its Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

59. The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:             

a. as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;

b. of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or

c. that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.    

60. All Contracts between Users are carried out entirely at your own risk. The Company and its officers, directors, investors, contractors, agents and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. You rely on information provided by other Users at your own risk. The Company does not, control, inspect, endorse, approve or check the availability, condition or nature of advertised space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Contract.

61. You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions.

Taxes

62. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Spacer cannot and does not offer Tax-related advice to any Users

Terms of electronic payment collection (Stripe)

63. Refer to Stripe terms of service on the Stripe website: https://stripe.com/legal