Terms and Conditions 2017-08-28T19:11:40+00:00

SONDER AUSTRALIA PTY LTD (ACN 613 605 360)

 

TERMS OF SERVICE

Sonder Australia Pty Ltd (ACN 613 605 360) (“Sonder” or “us” or “our” or “we”) provides a personal support service which offers on-demand, professional and personalised assistance to registered subscribers in Australia (the “Service”). The Service is primarily provided through a mobile application developed by Sonder (the “Sonder App”).

As a condition of using the Service (which includes the Sonder App), Sonder requires each person to become a registered member of the Service (“Members” or “you” or “your”) by registering an account with Sonder. In doing so, you are deemed to accept the terms and conditions set out in these Terms of Service (the “Sonder Terms”) and any of our Policies (as defined below), which together create a binding, legal agreement between Sonder and each Member (the “Sonder Service Agreement”).

1.         NATURE OF THE SERVICE

1.1       Sonder provides the Service solely in accordance with, and your use of the Service is solely governed by, the Sonder Service Agreement.

1.2       The Service is a personal support service, which is provided primarily through the Sonder App, with the following attributes, features and functionalities (which are subject to the limitations, restrictions and other conditions as set out in the Sonder Service Agreement and subject always to your applicable Subscription Plan):

(a)        the provision of general information that we believe will be of interest and assistance to Members whilst they are residing in Australia;

(b)        the provision of personalised information and assistance to Members in relation to essential living issues in Australia;

(c)        the provision of information and assistance in situations regarded by us as being critical situations (see our Fair Use Policy for more details), including the provision of various security features via the Sonder App and assisting Members in their dealings with third party emergency service providers;

(d)        where appropriate, providing telephone, real-time and/or interactive assistance remotely in regards to one or more of the above matters;

(e)        where appropriate, providing in-person support and assistance via a “Personal Liaison Officer” to Members whilst resident in Australia in regards to one or more of the above matters (for more details regarding our in-person support, see our Fair Use Policy and Subscription Plans); and

(f)         any other attributes, features and functionalities that we introduce from time to time, including features to facilitate the communication and exchange of information between Members.

1.3       Not all the attributes, features and functionalities of the Service will be available to all Members. Some attributes, features and functionalities may only be available during certain hours of the day, at certain locations or when a specific event occurs, or may only be available to certain Members because of their status or because of the type of Subscription Plan for which they have subscribed.

1.4       The Service may change over time without notice to you, including its attributes, features and functionalities, as a result of developments, modifications, upgrades, repairs or any other maintenance, or the application of any Local Laws. Members are responsible for determining how any changes to the Service affect their use of the Service. The Service may also be affected from time to time, including being unavailable or unresponsive, due to upgrades, repairs or any other maintenance.

1.5       Sonder will use its reasonable commercial endeavours to provide the Service. Sonder will not be liable for a failure to provide the Service to the extent that such failure is outside of its control. You acknowledge that certain attributes, features and functionalities may not always be available, either at all or to some extent, depending on the particular circumstances at the relevant time or as a result of your actions (or inactions).

1.6       The Service is an information and support service targeted at assisting Members whilst residing in Australia (and only whilst they are physically in Australia) with essential living matters and certain critical situations. The Service is not intended to be, and will not be operated as, a personal butler or concierge service, or to provide urgent emergency response services to Members where there is actual, or an immediate threat of, harm or injury to a Member (and/or damage to a Member’s property), or medical and/or other professional services (such legal and accounting services). Further, the Service is provided primarily remotely via the Sonder App, with some limited in-person support being provided by appropriate Sonder personnel referred to as a Personal Liaison Officer. Neither Sonder nor the Service provides any kinds of financial, accounting, investment, taxation, legal, medical, health or other professional services (for more information about the kinds of services that we do not provide, and the limitations and conditions on the services that we provide, please see our Fair Use Policy). Sonder does not provide professional advice or services of the kind offered by a medical practitioner or healthcare professional. For the avoidance of doubt, a medical practitioner or healthcare professional includes any person who offers advice or services in any of the following fields (regardless of whether that person is licensed, permitted or registered in Australia or any other jurisdiction to provide such advice and/or service): medical doctor, nursing, emergency medical services, surgery, intensive medical care, palliative care, paediatrics, midwifery, obstetrics, anaesthesia, psychology, psychiatry, neurology, radiology, dentistry, optometry, podiatry, speech pathology, physiotherapy, chiropractic, acupuncture, pharmacy, dietetics or any other fields of alternative medicine.

2.         ACCOUNTS

2.1       To use the Service, Members must register with Sonder and establish an Account (defined below) with us. In relation to the registration or establishment of an Account with us, you acknowledge, agree and warrant (as the context permits or requires) as follows:

(a)     if you are under the age of 18 years old – you have received express permission from your parents or guardians to register with Sonder and establish an Account, and to use the Service;

(b)     you have read and understood the Sonder Service Agreement, including these Sonder Terms, prior to completing the registration process;

(c)     the completion of the Account registration process indicates your irrevocable and unconditional consent and agreement to be bound by the Sonder Service Agreement;

(d)     you have full authority and power to enter into and perform the terms and conditions of the Sonder Service Agreement;

(e)     you will, if you are prompted to, select a Subscription Plan that suits your needs, and you will carefully review the Subscription Fees payable to Sonder and the Service attributes, features and functionalities available under such Subscription Plan;

(f)      you will provide us with all the required Member Information for the registration and establishment of your Account, and you must ensure that such Member Information is at all times accurate, true and up to date;

(g)     you will comply with any validation procedures required by us to ensure that you are who you identify to be and can pay the Subscription Fees, including billing account verification;

(h)     you are responsible for maintaining the confidentiality and security of any details relating to your Account, including your Member Information and any login details and passwords;

(i)      you will not cause or allow your Account to be leased, sold or transferred to, or used by, another person or entity;

(j)      you remain absolutely and unconditionally liable to Sonder in respect of the use of your Account and the Service even if another person or entity uses your Account or the Service via your Account; and

(k)     you will not register, establish or maintain another Account if your initial Account is inoperable or is otherwise terminated or suspended by us for any reason.

2.2       Sonder is not liable for any loss or damage that you may incur or suffer in connection with any informational or technical errors in the Account registration and establishment process, or in connection with the unauthorised use of your Account, including the use of the Services.

3.         SUBSCRIPTIONS

3.1       Members must have an active Subscription Plan to use the Service and may only use the Service during the Subscription Term.

3.2       Sonder’s range of Subscription Plans are displayed on the Service, including on the Website and/or via the Sonder App. A Subscription Plan will set out the Service attributes, features and functionalities that may be available to Members under that Subscription Plan, the Subscription Fee payable (including the due date for payment), the length of the Subscription Term and any other matters that apply specifically to that Subscription Plan.

3.3       Members may upgrade their Subscription Plans at any time (a Subscription Plan is only ‘upgraded’ if it results in a Member paying a greater Subscription Fee in respect of a Subscription Term of the same length). If a Member upgrades their Subscription Plan, they must immediately pay to Sonder the new Subscription Fee (a pro rata credit will be given to the Member in respect of the unexpired portion of the Subscription Term of the old Subscription Plan) and the new Subscription Term under the upgraded Subscription Plan will commence.

3.4       Members are required to pay the applicable Subscription Fees to Sonder for access to and use of the Service (further information regarding the applicable Subscription Fees can be found in the Subscription Plan).

3.5       Unless a Subscription Plan states otherwise, Subscription Fees are payable by Members at least seven (7) days in advance of the start of the applicable Subscription Term (including any renewed Subscription Term) and must be paid by the relevant due date. Members may lose access to and use of the Service if the applicable Subscription Fees are not paid in accordance with the Sonder Service Agreement.

3.6       Subscription Fees are recurring payments and must be paid to renew and extend the Subscription Term (and a renewal and extension shall be for a duration equal to the Subscription Term or as otherwise agreed). If Subscription Fees are not paid in accordance with the Sonder Service Agreement, then the Subscription Term will not be renewed or extended and the Subscription Term will expire and lapse on the last day of then-current Subscription Term. Upon the expiration and lapsing of the Subscription Term, the Subscription Plan will be terminated and become inactive, and the Member will lose access to and use of the Service.

3.7       In addition to the Subscription Fees, if you request Sonder to provide any services outside your Subscription Plan and/or the Service, we may in our absolute discretion provide such services to you for a separately agreed fee (and that fee may be a fixed fee or a fee charged at an hourly rate) and on additional terms and conditions as agreed. Unless otherwise agreed, any additional services provided by Sonder as described in this clause 3.7 shall be governed by the Sonder Service Agreement.

3.8       Members acknowledge and agree that:

(a)        time is of the essence for all payments due and payable to Sonder under the Sonder Service Agreement;

(b)        in all cases, if a Subscription Fee that is payable to Sonder is not received by the applicable due date, the Member is deemed to be in breach of the Sonder Service Agreement;

(c)        it is their responsibility to avoid or prevent an expiry or lapsing (whether temporary or otherwise) of the Subscription Term by paying any Subscription Fees required to renew or extend a Subscription Term;

(d)        Sonder may automatically deduct Subscription Fees from any authorised payment account or method provided by a Member for the purposes of renewing and extending a Subscription Term;

(e)        it is the responsibility of Members to notify us if they do not want Subscription Fees to be automatically deducted as per sub-paragraph (d) above;

(f)         Subscription Fees must be paid in full and cleared funds (without deduction, withholding, set-off or counterclaim) to Sonder via any one of the payment methods accepted by us;

(g)        we may increase the Subscription Fees at any time but not on less than one (1) months’ notice and the increase shall apply for the renewal of the Subscription Term;

(h)        if for whatever reason you use the Service without paying the Subscription Fees, we are entitled to recover any unpaid Subscription Fees from you, including any portion of such fees on a pro rata basis for the duration of the relevant Subscription Term for which you had access to the Service;

(i)         Members must follow the rules and procedures set out in Sonder’s Refund Policy (defined below) if they seek a refund of any Subscription Fees paid by them;

(j)         to the extent your use of the Service gives rise to any out-of-pocket expenses, fees or disbursements that are incurred by us, you must pay and reimburse to us such expenses, fees or disbursements within 7 (seven) days of being issued an invoice by us, failing which Sonder may automatically deduct the applicable amount from any authorised payment account or method provided by you to Sonder (such as for the purposes of renewing and extending a Subscription Term);

(k)        to the extent your use of the Service gives rise to any tax obligations or liabilities on you or Sonder, including goods and services tax payable in respect of the Subscription Fees or the Services, you are responsible for meeting and paying such tax liability (we may recover from you any payments that we make on your behalf in respect of such obligations and liabilities); and

(l)         Sonder may retain any payment information and details provided by you for the purposes of operating the Service and its business, and as otherwise required by law.

4.         MEMBER RESPONSIBILITIES

4.1       In relation to the use and operation of the Service generally, you acknowledge and agree that:

(a)     you will not use or rely on the Service, as the case may be:

(i)      in any manner or for any purpose that is contrary to the Sonder Service Agreement or the Fair Use Policy; or

(ii)      in any manner that is or might be regarded as unlawful, fraudulent, misleading or deceptive or that does or might infringe any Local Laws or the legal, equitable or other rights of a third-party;

(b)     you must provide Member Information to us that is accurate, complete, up-to-date and valid;

(c)     it is your sole responsibility to review, verify and confirm the accuracy, completeness or validity of any Member Information that you provide to us, and you are responsible for our reliance on any Member Information you provide;

(d)     it is your responsibility to tell us who we may disclose your Member Information to and/or in what circumstances we may disclose your Member Information, including by making any available selections or configuring the Sonder App appropriately;

(e)     we may disclose your Member Information to a third party (including another Member) if we are told (either by you or another person that we believe to be a responsible person) that they are your next of kin, your parent, your legal guardian or your emergency contact;

(f)      we may disclose your Member Information (including ‘personal information’ as defined in the Privacy Act 1988) to third parties with whom we have arrangements from time to time to provide or assist with the provision of goods or services in connection with your entitlements as a Member and your Subscription (including the personal support services set out in paragraph 1.2 above,  another Member, a police officer, a paramedic or your insurer) where we reasonably believe that the disclosure is suitable or required in cases of emergency, to comply with Local Laws, to comply with law enforcement and other regulatory requirements, or to assist with the provision of any good or service to you that affects your wellbeing;

(g)     it is your sole responsibility to procure any equipment, including hardware or software, or services, including a suitable mobile device or telephone, a telephone service or subscription and an Internet service (including mobile data services), that may be required for you to use the Service;

(h)     you will not violate or attempt to violate any security features of the Service, including (without limitation) as follows:

(i)      accessing content or data not intended for you in your capacity as a Member, or logging onto a server or account without authority; or

(ii)      attempting to probe, scan or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures; or

(iii)     interfering or attempting to interfere with service to any network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” “hijack” or “crashing”; or

(iv)    forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting in connection with the Service; or

(v)     attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any part or component of the Service; or

(vi)    attempting to monitor, track or extract any Internet traffic or other data exchanged via the Service;

(i)      you must not rely on the Service as the sole and only service that you will use to obtain assistance or information in relation to or in connection with any matter;

(j)      in relation to any information that you obtain from or via the Service, it is your sole responsibility to have such information independently verified and you must exercise reasonable judgment when considering such information or seeking to use such information;

(k)     your use of the Service may in certain situations cause us to incur out-of-pocket expenses, fees or disbursements to third party service or goods providers for which you must reimburse us;

(l)      use of the Service may require you to comply with various technical requirements, including any hardware, software and firmware requirements, use of a compatible mobile device or technology, having access to an active Internet and/or telephone connection, using a mobile device with a global positioning system or service, using specific settings or configurations with your hardware device or allowing Sonder to establish and maintain an active Internet connection with your hardware device, and it is your responsibility to ensure that you comply with any and all such technical requirements; and

(m)    you must comply with all Local Laws that are applicable to the Service.

4.2       You undertake not to use or permit anyone else to use the Service to upload, send or receive any material, including Member Information or Member Content, that:

(a)     is unlawful;

(b)     is defamatory or in contempt of any legal or other proceedings;

(c)     is misleading or deceptive;

(d)     incites hatred or discrimination against any group of persons being defined by reference to colour, race, sex, gender, sexuality, religious beliefs, political beliefs, origin, nationality, or ethnic national origins;

(e)     is indecent, obscene, vulgar, pornographic, offensive, of a menacing character, or that is likely to annoy or cause concern;

(f)      infringes the rights of any third party (including us and/or another Member), including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

(g)     is for any fraudulent purpose, whether against Sonder, another Member or any other third party;

(h)     contains any viruses or software of data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

(i)      is for a purpose other than which we have designed them or intended them to be used.

4.3       From time to time, the Service may provide you with opportunities to contribute Member Content. In relation to the contribution of any Member Content by you, you represent and warrant that you are the creator of the Member Content, or if you are acting on behalf of the creator, that you have express authority from the creator to submit or post the Member Content.

4.4       You grant Sonder a world-wide, non-exclusive, royalty-free, perpetual license to use, display, distribute your Member Content and to prepare derivative works of the Member Content or incorporate the Member Content into other works in order to publish and promote the Service.

4.5       Sonder reserves the right to review, monitor, edit, post, refuse to post and/or remove any Member Content.

4.6       You acknowledge and agree that Sonder may log, track, store and/or use any Usage Information and Member Information to allow Sonder to operate, provide, monitor, maintain, refine, upgrade, analyse, market or promote the Service.

5.         SERVICE CONTENT

5.1       Members are granted a limited, non-transferable and non-exclusive licence to use the Service Content solely in relation to your use of the Service in accordance with the Sonder Service Agreement. Sonder retains all rights and benefits to the Service Content, including all intellectual property rights in the nature of (but not only) copyright, trademarks, patent, design rights, database rights and all other similar rights in any jurisdiction whatsoever, and Members do not acquire any such rights or benefits.

5.2       Members undertake not to:

(a)        sell, license, transfer, dispose of, distribute or otherwise make available the Service Content to any person, or publish or otherwise communicate the Service Content to the public; or

(b)        copy, reproduce, modify, adapt, publish, communicate to the public or otherwise deal with (including the creation of derivative works) the Service Content other than in the normal course of using the Service in accordance with the Sonder Service Agreement.

6.         TERMINATION & SUSPENSION

6.1       You may cancel and terminate your Account (including your Subscription Plan) at any time via the Sonder App (or by contacting us directly), however, this does not excuse you from paying any fees or charges that are due and payable by you. If the cancellation or termination of your Account is not a result of a breach by Sonder of the Sonder Service Agreement, no refunds will be provided if you cancel and terminate your Account before the end of a Subscription Term, except as may be expressly described in the Refund Policy.

6.2       In the event you are in breach of any terms or conditions of the Sonder Service Agreement, Sonder may suspend or terminate your Account (including your Subscription Plan), wholly or in part, and deny you access to the Service, if we deem it to be appropriate, without any liability of any kind whatsoever arising in respect of the suspension or termination. In the event of a suspension, Sonder is not required to reinstate the Service until and unless you have remedied the relevant breach. Sonder may, in its absolute discretion, determine whether a breach of the Sonder Service Agreement in each case is capable of being remedied.

6.3       Sonder may also exercise its rights of suspension or termination in clause 6.2 above for any of the following reasons:

(a)        to investigate a suspected breach of the Sonder Service Agreement;

(b)        if Subscription Fees are not paid on time;

(c)        in response to requirements imposed by Local Laws or to comply with orders of any court or to assist any government agency with law enforcement activities;

(d)        in response to any actual or threatened legal action or demand for damages by a third party against Sonder in respect of your use of the Service or breach of the Sonder Service Agreement;

(e)        to prevent any immediate risks of harm or injury to any person or property arising from your use of the Service; or

(f)         for any other purpose deemed necessary by Sonder in our absolute discretion to maintain the integrity of the Service or the business of Sonder.

6.4       To the fullest extent permitted by law, Sonder may exercise any of its rights in clauses 6.2 and 6.3 above without notice or liability to you.

6.5       For the avoidance doubt, Sonder’s rights (or the exercise of such rights) under the Sonder Service Agreement are in addition to and shall not prejudice any other rights that it may have under the Sonder Service Agreement or the general law, including any other rights to seek compensation from you for losses or damages that we suffer or incur.

7.         GENERAL DISCLAIMERS AND INDEMNITIES

7.1       Sonder provides the Service on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, Sonder expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the Service, including, but not limited to, any implied warranties or guarantees of acceptable quality, fitness for a particular purpose, that the Service will be uninterrupted or error-free or non-infringement of third-party rights not otherwise disclosed in the Sonder Service Agreement.

7.2       In using the Service, you unconditionally acknowledge and agree that:

(a)        Sonder is not responsible for any goods or services that you acquire from a third party (those third parties will have their own terms and conditions regarding the provision of their goods and services);

(b)        Sonder may provide you with suggestions or referrals to one or more third parties, but that does not mean (unless we have expressly stated otherwise):

(i)    we are party to any contract between you and those third parties;

(ii)    we have any control or influence over those third parties and/or how they provide their goods or services to you;

(iii)    we employ or have contracted those third parties;

(iv)    we endorse or approve of those third parties or the goods or services they provide;

(v)    we have reviewed the qualifications, credentials, identity, skills or expertise of those third parties; or

(vi)    those third parties are a partner, affiliate or associate of Sonder or the Service;

(c)        Sonder and the Service may provide information and advice to you, and such information and advice should only be used for informational purposes only;

(d)        the Service may not always be able to provide you with information or assistance, especially in situations where we lack specific information that we require from you, where the Service is operating at its capacity or because we are unable to find relevant information from third party sources;

(e)        the Service relies on the successful, reliable, accurate, valid and real-time receipt of information from third parties, including Members and Member Information, and to the extent that such information is not received by Sonder for whatever reason or where Sonder determines that such information is unreliable, inaccurate or invalid, the provision of the Service may be affected to a point where the Service cannot be provided (either at all, or to some extent, by Sonder), in which event Sonder will not be at fault or liable in any way for any such failure to provide the Service;

(f)         whilst certain features of the Service are intended to be accessible remotely, the quality and/or content of the Service may differ depending on:

(i)    the location in Australia from which you seek to access or use the Service;

(ii)    the location in Australia in respect of which you seek information and/or support; and/or

(iii)    other logistical and geographical issues (for example, the Service may provide limited information and assistance if you access it outside major Australian cities and metropolitan areas or if you try to access it outside the Australian city where you reside as specified when you subscribed to the Service);

(g)        due to the nature of in-person support and assistance provided as part of the Service, including the support and services provided by a Personal Liaison Officer, in-person support and assistance may only be available in limited locations in Australia and/or be subject to other restrictions arising from time to time (you should check the Service or with us regularly to ensure that you have the most up-to-date information about the availability of a Personal Liaison Officer and/or any other relevant limitations or restrictions in relation to the support available by a Personal Liaison Officer);

(h)        you may need to wait a certain amount of time before the Service is able to provide you with information or assistance and we are not always in a position to provide an accurate estimate of how much time you must wait; and

(i)         Sonder does not itself provide safety, security, legal, consular, medical or emergency services, such as the services of a law enforcement agency or urgent response services to deal with actual, or an immediate threat of, harm or injury of a Member (or damage to a Member’s property).

7.3       In using the Service, you unconditionally acknowledge and agree that Sonder is not liable to you for any loss or damage of any kind that you suffer, howsoever suffered, in relation to any of the following matters:

(a)        your use or reliance on the Service in breach of the Sonder Service Agreement, including your reliance on the Service in circumstances that are inconsistent with the matters in clause 7.2 above and/or our Policies;

(b)        a failure of any goods or services provided to you by a third party, whether it is to do with the quality or other matter in relation to the goods or services;

(c)        the actions or omissions of a third party that you deal with via the Service, including any liability you incur to, or are owed by, such third party;

(d)        information which is provided to you that is sourced from a third party in circumstances where we have no reason to believe that such information is inaccurate, incomplete, unreliable or out of date;

(e)        our inability to provide the Service to you because a third party has failed to provide any required goods, services or information on which the Service relies or requires;

(f)         a failure to observe any of your responsibilities and the requirements of using the Service as set out in the Sonder Service Agreement, including a breach of the Fair Use Policy;

(g)        the termination or suspension of your Account in accordance with the Sonder Service Agreement, or the cessation or termination of the Service;

(h)        errors or inaccuracies in any Member Information;

(i)         performance issues, interruptions or technical errors in the process of using the Service, including “viruses”, “Trojans”, “spyware”, “adware”, “bots” and other similarly harmful computer effects;

(j)         your reliance on the representations made by a third party regarding the Service or us;

(k)        your inability or delay in using the Service due to a device, network or connectivity issue (including errors with any Internet or telephone service you are using to access the Service or that Sonder relies on to provide the Service) that is outside Sonder’s direct control; or

(l)         your inability to use, or a delay in being able to use, the Service, either fully or to a certain extent, as a result of a force majeure event (which includes events such as strikes, riots, civil unrest, actions or inaction of governmental authorities, epidemics, wars, nuclear disasters, terrorism, embargoes, storms, floods, fires, natural disasters and other acts of God and a failure of a utilities supplier, common carrier or communications/data network), the operation of Local Laws or the actions or omissions of you or another Member.

7.4       Notwithstanding any other provision of the Sonder Service Agreement, the maximum liability of Sonder to you for any loss or damage suffered by you arising out of, in connection with or relating to your use of the Service, regardless of the type of action you may bring against Sonder for such loss or damage, is absolutely limited to the Subscription Fees paid by you to us.

7.5       Notwithstanding any other provision of the Sonder Service Agreement, you acknowledge and agree that in no circumstances shall Sonder be liable for any indirect or consequential loss or damage suffered by you arising out of, in connection with or relating to your use of (or inability to use) the Service or a breach or termination of the Sonder Service Agreement by Sonder. Each party agrees that loss of profits, loss of business opportunities, loss of reputation, loss of anticipated savings, loss of revenue, loss of goodwill and loss of contracts however occurring, constitute indirect or consequential loss or damage for the purposes of the Sonder Service Agreement and any action against Sonder.

7.6       Nothing in the Sonder Service Agreement excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include Australian Consumer Law. If any condition, warranty or statutory guarantee is implied into the Sonder Service Agreement or applies by operation of law and cannot be excluded but Sonder is able to limit its liability for a breach of such condition, warranty or statutory guarantee, the liability of Sonder for breach of that condition, warranty or statutory guarantee is limited, to the extent permitted by law, at Sonder’s discretion, to the supply of the goods or services again or the payment of the cost of having the goods or services supplied again.

7.7       You acknowledge and agree that by using the Service, to the maximum extent permitted by law, you must indemnify and keep Sonder indemnified in full from and against any and all loss or damage (including legal costs on an indemnity basis) suffered by us arising out of, in connection with or relating to any and all of the following matters:

(a)        your use of the Service (whether or not your use of the Service is in breach of the Sonder Service Agreement) or any fees, charges and expenses we pay on your behalf;

(b)        your breach of the Sonder Service Agreement; and

(c)        your dealings with a third party, including a government body.

The kinds of loss and damage that you must indemnify us from and against include loses suffered or incurred in defending or settling any dispute, legal action or other claim or demand (such as the payment of any fees, charges, taxes, levies, penalties or legal expenses) in respect of any of the above matters.

7.8       For the avoidance of doubt, the exercise by Sonder of any rights it may have under the Sonder Service Agreement are in addition to any other rights and remedies it may have against you, and Sonder is not liable for any loss or damage, howsoever arising, that you incur as a result of the exercise of our rights

8.         DISPUTE RESOLUTION

If you have a complaint or a dispute in relation to the Service, or the Sonder Service Agreement (a “Service Dispute”), you must in good faith utilise or comply with any mechanism or procedure which we have established to resolve a Service Dispute. You must allow Sonder a reasonable opportunity to address a Service Dispute and respond to you in that regard prior to undertaking any further actions in relation to that Service Dispute.

9.         DEFINITIONS & INTERPRETATION

In these Terms, unless the context otherwise requires or permits:

“Account” means the membership account established by Sonder that allows a Member to use the Service;

“Fair Use Policy” means Sonder’s policy regarding what Members may and may not use the Service for, the extent to which they may use the Service and what Members may expect in regards to their use of the Service, as displayed on the Service, including the Website and/or the Sonder App;

“Local Laws” means all laws and regulations, as amended from time to time, of Australia, including all State and Federal laws and regulations;

“Member Content” means any reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content provided by a Member in relation to, or in connection with, the Service;

“Member Information” means any information about a Member provided by a Member or a third party to us, whether directly or by uploading it via the Service or indirectly by use of the Service, including any Member Content, billing information and any personal information relating to the Member (for example, their name, date of birth, contact information, education provider, insurance provider and any other information specifically relating to the Member);

“Policies” means any policies issued by Sonder from time to time in relation to the Service, including the Subscription Plan, the Fair Use Policy, the Refund Policy and our Privacy Policies, and any other documents or information on our Website or otherwise provided by Sonder which explains any aspect of or relating to the Service;

“Refund Policy” means Sonder’s policy regarding the refund of Subscription Fees as displayed on the Service, including the Website and/or the Sonder App, as updated by Sonder from time to time;

“Service Content” means any and all content and information, including images, graphics, pricing and quotes, maps and geo-location information, contact details of third parties, reports, summaries, objects, logos, layouts, data and databases, indexes and any other content, that is available to the Member via the Service or as provided directly by Sonder;

“Subscription Fees” means the fee payable to Sonder as set out in the relevant Subscription Plan;

“Subscription Plans” means Sonder’s subscription plans as displayed on the Service, including on the Website and/or via the Sonder App;

“Subscription Term” means the term and duration of a Subscription Plan as set out in the relevant Subscription Plan;

“Usage Information” means any information or data relating to your use of the Service, including meta-data or other technical data relating to how and/or when you use the Service; and

“Website” means the website of Sonder, which, as at the date of this version of the Sonder Terms, is the website at www.sonderaustralia.com.

10.       GENERAL MATTERS

10.1     In these Terms, unless the context otherwise requires or permits:

(a)   a reference to a word in its singular form shall be taken to include its plural form, and vice versa;

(b)   the words “include”, “including” and “includes” are not words of limitation;

(c)    a reference to “Local Laws” shall be taken to be a reference to those laws and regulations which are applicable in the circumstances from time to time; and

(d)   a reference to these “Website Terms”, the “Privacy Policy” or any “clause” or provision of these Website Terms shall be taken to be reference to the most recent revision of those items.

10.2     Sonder may at any time revise the Sonder Service Agreement and will notify you of any revisions by any means appropriate. If you continue to use the Service following notification of a revision you are deemed to have accepted any such revision. It is your responsibility to review the Sonder Service Agreement and the Website periodically to check for any revisions.

10.3     If there is any conflict or inconsistency between the matters in the Sonder Service Agreement, the order in which they will prevail is as follows (from highest to lowest level of priority):

(a)     these Sonder Terms;

(b)     the Refund Policy;

(c)     the Fair Use Policy;

(d)     the Privacy Policy; and

(e)     any other information made available by Sonder regarding the Service on the Website.

10.4     Sonder may make available the Sonder Service Agreement in other languages for informational purposes only. For the avoidance of doubt, only the English version of the Sonder Service Agreement as published and made available by us is to be construed as the legally binding contract between Sonder and each of its Members.

10.5     Notwithstanding any other matter in the Sonder Service Agreement, Sonder may issue notices in relation to matters relating to the Service by any means it deems appropriate, including via the Service, the Website or by sending you emails to the email address that is associated with your Account.

10.6     If any term or condition in the Sonder Service Agreement is held to be illegal or unenforceable, in whole or in part, by a court or Government agency, such term or provision shall be severed and deemed not to form part of the Sonder Service Agreement, but the validity of the remainder terms and provisions shall not be affected.

10.7     Sonder is not to be deemed to have waived any rights of enforcement, whether for past, future or continuing breaches, under the Sonder Service Agreement unless such waiver is expressly documented in writing by Sonder (any waiver is only effective in the specific instance and for the purpose it is given).

10.8     The Sonder Service Agreement shall be construed in accordance with and governed by the laws of the New South Wales, Australia, the Courts of which shall have jurisdiction in respect of disputes arising out of or related to the use of the Service, the Website or the Sonder Service Agreement.

If you have purchased an Allianz Global Assistance OSHC policy and are eligible for the Allianz Global Assistance OSHC Subscription Plan (as notified to you via email), then please see the following link for further applicable terms and conditions: http://www.sonderaustralia.com/aga-oshc-terms-and-conditions/.

Sonder Australia Pty Ltd (ACN 613 605 360)

SUBSCRIPTION PLANS

 

Sonder Australia provides the Service on the basis of the following Subscription Plans (current as at 1 May 2017):

Subscription Plan* Plan Overview* Specific attributes, features and functionalities*
1.    Sonder Essentials ·         Unlimited access to and use of the Sonder Australia mobile application (being the Sonder App).

·         Unlimited access to Critical Situation assistance, including a Personal Liaison Officer.

·         24/7 access to Sonder App safety and welfare features.

·         24/7 access to a Sonder-approved Personal Liaison Officer for face-to-face support for Critical Situations.

2.    Sonder Advantage ·         Unlimited access to and use of the Sonder Australia mobile application (being the Sonder App).

·         Unlimited access to Critical Situation assistance, including a Personal Liaison Officer.

·         Access to Specialist Situation assistance, including a Personal Liaison Officer.

·         Unlimited remote access to Sonder’s 24/7 service for information and advice.

·         All attributes, features and functionalities available to members of Sonder Essentials.

·         24/7 access to the Service (other than a Personal Liaison Officer) via the Sonder App or by telephone to obtain information and advice in connection with essential living and lifestyle issues, including, paying bills, finding accommodation, setting up a bank account, using public transport, buying household items and groceries, obtaining a sim card and setting up internet connection.

·         24/7 access to a Sonder-approved Personal Liaison Officer for face-to-face support for Critical Situations and specific Non-critical Situations that Sonder calls ‘Specialist Situations’, being the following kinds of situations:

(a)        if you lose your wallet, keys or identity documents;

(b)        if you have a problem in your workplace, including mistreatment by an employer or harassment by a fellow employee;

(c)        if you have a problem with your guardian;

(d)        if you have a problem with your accommodation or homestay provider, including problems in dealing with landlords or other tenants; and

(e)        if you are experiencing harassment or discrimination.

·         A pre-departure welcome call from Sonder – to assist you in being ready to make your journey to Australia and provide an opportunity for you to ask any questions of our multi-lingual experts.

3.    Sonder Premier ·         Unlimited access to and use of the Sonder Australia mobile application (being the Sonder App).

·         Unlimited access to Critical Situation assistance, including a Personal Liaison Officer.

·         Access to Specialist Situation assistance, including a Personal Liaison Officer.

·         Unlimited remote access to Sonder’s 24/7 service for information and advice.

·         Access to VIP personal support for Non-Critical Situations, including the provision of support services by a Personal Liaison Officer.

·         All attributes, features and functionalities available to members of Sonder Essentials and Sonder Advantage.

·         A pre-departure welcome call from Sonder – to assist you in being ready to make your journey to Australia and provide an opportunity for you to ask any questions of our multi-lingual experts.

·         Sonder to provide airport greeting and transport to accommodation on member’s first arrival in Australia.

·         Access to a Sonder-approved Personal Liaison Officer for face-to-face support for additional support (non-critical) services, including assisting with the viewing of accommodation and signing a lease, obtaining a driver’s licence, setting up a bank account and buying a car.

All Service attributes, features and functionalities described are subject to Sonder’s Terms of Service and Fair Use Policy.

Subscription Plans are available on a monthly, quarterly and annual basis with prices as advertised and altered from time to time at www.sonderaustralia.com.

SONDER AUSTRALIA PTY LTD (ACN 613 605 360)

 

REFUND POLICY

 

The effective date of this Refund Policy is 1 May 2017

 

This is the “Refund Policy” of Sonder Australia Pty Ltd (ACN 613 605 360) (‘Sonder, ‘our’ or ‘us’ or ‘we’) as referred to in our Sonder’s Terms of Service and it sets out our refund policies and procedures in relation to our services (‘Services’).

This Refund Policy forms part of the Sonder Service Agreement (any capitalised terms not defined in this Refund Policy shall have the same meaning as in our Terms of Service). By using the Service, Members are deemed to accept the terms and conditions set out in this Refund Policy.

This Refund Policy may be modified from time to time in our sole discretion, so we recommend that you check back regularly for any updates.

1.1       Sonder may at its discretion offer refunds of the Subscription Fee (but does not guarantee to) in the following circumstances if the Member (being the person intending to travel to Australia):

(a)        is unsuccessful in obtaining a visa to study in Australia; and

(b)        chooses to close or terminate their Account (and their Subscription Plan) for whatever reason before their first arrival in Australia.

1.2       If you wish to request a refund of the Subscription Fee, you must notify Sonder of your request via any method available provided by the Service. Sonder will process your request and provide you with an appropriate response accordingly. Please allow at least thirty (30) days for us to process your request and provide you with a first response.

1.3       In relation to a refund request made by you for the reasons stated in clause 1.1 above, Sonder will consider each refund request on a ‘case-by-case’ basis and may require you to provide us with further information, documents or evidence (including verifying documentation).

1.4       For the avoidance of doubt, Sonder is not obliged to refund the Subscription Fee arising from a request made by you for the reasons stated in clause 1.1 above (for example, if you fail to provide us with any information that we request, or otherwise are in breach of the Sonder Service Agreement, we may refuse to process your refund request any further).

1.5       We generally do not accept refund requests in circumstances where:

(a)        you have already begun making use of the Services; or

(b)        you choose not to make use of the Services for whatever reason; or

(c)        you close or terminate your Account before the end of the Subscription Term; or

(d)        your Account is suspended or terminated by us because of your breach of the Sonder Service Agreement or because of any other reason that entitles us to suspend or terminate your Account; or

(e)        the Service is temporarily suspended, delayed or interrupted for reasons outside our control.

1.6       Further, all refunds agreed to be made by Sonder will be subject to you providing us with appropriate bank account details and will be paid, minus any processing fees charged by any third parties and Sonder’s administrative fee (being 5% of the refunded amount), in a currency determined by us in our absolute discretion.

1.7       Sonder is not responsible for any loss or damage incurred by you arising from the refund process if you have failed to comply with this Refund Policy or have breached the Sonder Service Agreement, or where the loss or damage arises from the act or omission of a third party (including charges imposed by a bank for processing a refund or changes in the exchange rate).

1.8       For the avoidance of doubt, nothing in this Refund Policy excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include Australian Consumer Law. If any condition, warranty or statutory guarantee is implied into the Sonder Service Agreement or applies by operation of law and cannot be excluded but Sonder is able to limit its liability for a breach of such condition, warranty or statutory guarantee, the liability of Sonder for breach of that condition, warranty or statutory guarantee is limited, to the extent permitted by law, at Sonder’s discretion, to the supply of the goods or services again or the payment of the cost of having the goods or services supplied again.

SONDER AUSTRALIA PTY LTD (ACN 613 605 360)

 

FAIR USE POLICY

 

The effective date of this Fair Use Policy is 1 May 2017

 

This is the “Fair Use Policy” of Sonder Australia Pty Ltd (ACN 613 605 360) (‘Sonder, ‘our’ or ‘us’ or ‘we’), as referred to in Sonder’s Terms of Service, and sets out the rules and policies relating to the use of our service (“Service”). The Service incorporates a remote support service, providing personal on-demand assistance via the Sonder App (as defined in Sonder’s Terms of Service) and telephone, and is commonly referred to by us as the “Sonder Support Centre”.

This Fair Use Policy forms part of the Sonder Service Agreement (any capitalised terms not defined in this Fair Use Policy shall have the same meaning as in our Terms of Service). By using the Service, Members are deemed to accept the term and conditions set out in this Fair Use Policy.

This Fair Use Policy may be modified from time to time in our sole discretion, so we recommend that you check back regularly for any updates.

  1. Definitions

In this Fair Use Policy, the terms below shall be defined as follows:

Critical Situation” means any situation, as determined by Sonder in its absolute discretion, where the Member is subject to any criminal or other police matter, or there is harm or injury to a Member or any situation where there is an appreciable risk of harm or injury being suffered by a Member, including the following kinds of situations:

(a)        where a Member is involved in a motor vehicle or other road accident (including as a pedestrian);

(b)        where a Member is involved in a crime (whether as the victim or alleged perpetrator) or is arrested or detained by police or other law enforcement agencies or otherwise interacts with police or other emergency services;

(c)        where a Member is being threatened and fears for his/her safety or damage to his/her property;

(d)        where a Member’s residence has been damaged by fire, storm or other such cause which poses a safety risk or otherwise means that the Member does not have access to basic utilities;

(e)        where a Member, having travelled outside of the main geographic area with which the Member is familiar, cannot reasonably access transportation or other assistance to navigate and return home, such as a Member being lost in a remote location;

(f)         where a Member suffers any serious illness requiring urgent medical attention; and

(g)        where a Member is otherwise subject to any harm or injury or involved in any situation where there is an appreciable risk of harm or injury being suffered by the Member;

Non-critical Situation” means any situation, as determined by Sonder in its absolute discretion, where a Member requires assistance with completing a task that persistently affects their livelihood during their stay in Australia and/or are essential living needs, including the following kinds of situations:

(a)        assisting with visa or education requirements;

(b)        assisting with the loss of wallets/purses, keys, identity documents and similar items of importance;

(c)        assisting with accommodation matters;

(d)        obtaining a sim card for personal use with a mobile phone;

(e)        paying bills and setting up a bank account;

(f)         buying a vehicle for daily transport;

(g)        obtaining an Australian driver’s licence; and

(h)        referral to other professional services and/or providing general information about those services;

Personal Liaison Officer” means an individual delegated by Sonder who is available to provide face-to-face support in relation to Critical Situations and Non-Critical Situations as part of the Service;

Prohibited Service” means the following services:

(a)        financial, investment or tax services;

(b)        real-estate agency or travel agency services;

(c)        security, investigation, surveillance or other law enforcement services;

(d)        personal butler, concierge or assistant services or general house-keeping services (including the services of dry-cleaning, cleaning, grocery purchases, general shopping, calendar scheduling or travel bookings);

(e)        purchasing goods and services on behalf of or for a Member (including purchasing concert or other event tickets);

(f)         gambling or escort services;

(g)        consular services;

(h)        legal, medical, health or emergency services (including ambulance services and other urgent emergency response services); and

(i)         any other service, as determined by Sonder in its absolute discretion, which Sonder may, from time to time, advise Members to be a prohibited service.

  1. Sonder’s rights

2.1       Where you are in breach of this Fair Use Policy, Sonder may, in addition to any other rights it may have, contact you to discuss changing your usage so that it conforms to this Fair Use Policy.

2.2       In addition to any other remedies that Sonder may have if you breach this Fair Use Policy as set out in the Sonder Service Agreement, Sonder may without liability or further notice to you:

(a)        suspend or limit your use of the Service (or any feature of it) for any period we think is reasonable; and/or

(b)        terminate your Account (including your Subscription Plan).

 

  1. Use of the Service generally

 

3.1       To use the Service, a Member must have access to a compatible mobile device (such as a smartphone) with active telephone and Internet services/connections that allow the making of telephone calls and the transfer of electronic data within Australia. Sonder does not provide mobile devices or telephone/Internet services to Members (but in some cases we may provide specific Members with a SIM card for limited use with a compatible mobile device to assist with the Member’s initial arrival in Australia – Members should check their Subscription Plan to see if they are eligible to receive a SIM card from us) and is not responsible for any fees charged to a Member by a third party for the provision of those devices or services. Sonder may provide a list of compatible mobile devices, including any recommended device settings, for use with the Service. Members should contact Sonder if they have any questions regarding compatible mobile devices.

 

3.2       Members should familiarise themselves with the various attributes, features and functionalities of the Service, including Sonder’s instructions or recommendations on how to correctly use any features and functionalities of the Sonder App. This is important because certain features and functionalities of the Service may have intended or specific uses, require certain functionality (e.g. a mobile device with a global positioning system or service), behave differently under different conditions, impact your use of the Service and/or trigger automatic processes (including the transmission of Internet data or the sending of alert messages to third parties). In general, Members should be aware of the following matters:

(a)        Active connectivity. Certain features or functions of the Service will only operate correctly if used by Members on a compatible mobile device that has an active and working telephone and/or Internet connection. Connectivity will not only affect the responsiveness of various features or functions of the Service, but may also be used by Sonder to extrapolate data and information about Members (e.g. whether a Member may need assistance from the Service). To minimise the risk of Members not being able to use the Service at any time, Members should always make sure that their mobile devices are switched on and working correctly, that any features or functions as required by the Service are switched on (such as location services) and that they have a continuous connected telephone and data service.

(b)        Electronic data transmission. Use of the Sonder App will almost always require the transmission (upload and download) of electronic data via an Internet service. Sonder will not alert Members of the amount of data transmitted to or from Members. Members are responsible for the costs of any data charges resulting from the use of their mobile device and for ensuring that their use of the Sonder App does not affect any data limits that may apply to their Internet service.

(c)        Sonder Updates. Members should regularly check for any updates and changes to the attributes, features and functionalities of the Service (including updates and changes to this Fair Use Policy, the Sonder App and Sonder’s website). Members should understand that it is not always possible for Sonder to notify Members of all updates and changes. If Members have any questions regarding any updates or changes, they should first check this Fair Use Policy (as may have been updated) and for notifications or change logs via the Sonder App or on Sonder’s website before contacting Sonder.

 

(d)        Protocols, rules and service level criteria. Many features and functions of the Service (including those described in this Fair Use Policy, the Sonder App and Sonder’s website) may operate based on protocols, rules or service level criteria implemented by Sonder (e.g. the time it takes for the Service to respond and the method of such response if a Member fails to properly respond to a status alert on the Sonder App). Such protocols, rules and service level criteria are set out by Sonder in the Sonder App and Sonder’s website and should be used by Members as guides and approximations only (and are not intended to be guarantees). Members should not expect and/or assume that features and functions of the Service will operate in a certain way unless it is set out in Sonder’s protocols, rules and service level criteria.

 

(e)        ‘Distress button’ feature. The Sonder App allows Members experiencing a Critical Situation to quickly send a priority alert and location information to the Sonder Support Centre. This feature is intended for use with Critical Situations only and will automatically trigger other processes, including the sending of a request to Sonder for assistance from a Personal Liaison Officer and, depending on the circumstances, the sending of your information to other emergency services. For more information about this feature (including the protocols, rules and service level criteria), check information available via the Sonder App and Sonder’s website.

(f)         ‘Check in / Check out’ function. The Sonder App may allow Members to “check-in” with the Sonder App and notify Sonder of the intended “check-out” time. This function requires your mobile device to have an active and uninterrupted telephone and Internet connection and may automatically trigger other processes, including the Sonder Support Centre contacting you, the dispatch of a Personal Liaison Officer to find and assist you if you do not respond to our alerts and we have reason to believe that you may be experiencing a Critical Situation, and the sending of your information to persons that we believe may assist. Members should promptly respond if contacted by the Sonder Support Centre so that Sonder knows that you are contactable and safe. Members should promptly respond to status alerts so that Sonder knows that you are contactable and safe. For more information about this function (including the protocols, rules and service level criteria), check the Sonder App and Sonder’s website.

(g)        ‘Walk with me’ function. The Sonder App may allow Members to activate a function that notifies Sonder when the Member is travelling from one location to another so that Sonder can estimate the time it is likely to take the Member to complete that journey (based on information supplied by the Member) This function allows the exchange of geographic information by the Member and Sonder to enable Sonder to be alerted to any Members who may experience a Critical Situation whilst the ‘Walk with me’ function is enabled by the Member. Further, this function requires your mobile device to have an active and uninterrupted telephone and Internet connection and may automatically trigger other processes, including the Sonder Support Centre contacting you, the dispatch of a Personal Liaison Officer to find and assist you if you do not respond to our alerts and we have reason to believe that you may be experiencing a Critical Situation, and the sending of your information to persons that we believe may assist. Members should promptly respond if contacted by the Sonder Support Centre so that Sonder knows that you are contactable and safe. For more information about this function (including the protocols, rules and service level criteria), check the Sonder App and Sonder’s website.

(h)        ‘I’m SAFE!’ feature. The Service contains a feature where the Sonder Support Centre will send a status alert to Members who Sonder reasonably believes, based on information reasonably available to Sonder, may be affected by a natural disaster or security incident. This feature requires Members to provide up-to-date location information to Sonder and may automatically trigger other processes, including the sending of your status information to your persons that we believe may assist. Members should promptly respond to status alerts so that Sonder knows that you are contactable and safe. For more information about this feature (including the protocols, rules and service level criteria), check the Sonder App and Sonder’s website.

(i)         Contacting Members. The Service contains features and functions which anticipate Sonder contacting and, in some cases, physically locating a Member (either via a Personal Liaison Officer or requesting assistance from other persons). However, there is no guarantee that Sonder will be able to contact or locate a Member, and Sonder may, at its sole and absolute discretion, cease any efforts to contact or locate a Member if Sonder believes that further action on its part is not required or it reasonably believes that it is not reasonably capable of providing further assistance (including the resources that Sonder may have at its disposal, the resources that Sonder may have already used, the information which Sonder may have regarding the Member and the Member’s historical use of the Service). Members should not assume that Sonder will always be able to contact or locate a Member, or that Sonder will always be aware that a Member may need to be contacted or located.

(j)         Sonder Connectivity. Members need to understand that Sonder’s ability to provide its services will depend on it having an active and uninterrupted telephone and Internet connection, which is not guaranteed by Sonder as factors beyond Sonder’s control may affect Sonder’s access to such services.

(k)        Disbursements and Expenses. From time to time, and in the course of providing the Services to the Member, Sonder may need to obtain goods and/or services from third parties which results in Sonder incurring disbursements, expenses, costs, fees and charges payable to such third parties (“Third Party Disbursements”) (for example, Sonder may be charged fees for requesting the assistance of emergency services or other third party services to assist or locate a Member). Members are required to pay and/or reimburse Sonder for any such Third Party Disbursements which Sonder is liable (regardless of whether such liability is a prospective, contingent or present liability) and must do so within 7 (seven) days of being issued an invoice by Sonder for such Third Party Disbursements.

3.3       A Member may not use the Service, including making a request for assistance from a Personal Liaison Officer, in any of the following ways:

 

(a)        in breach of a term or condition of the Sonder Service Agreement;

 

(b)        in relation to or in connection with a business or commercial purpose, including the reselling or licensing to a third party of any information, advice or content provided to you via the Service;

(c)        in any manner that is unreasonable or excessive given the intended purpose, attributes and capabilities of the Service and having regard to the terms and conditions relating to the nature of the Service as disclosed in the Sonder Service Agreement, including the applicable Subscription Plan;

(d)        in any manner that adversely affects the normal performance, operation of the Service, or adversely affects the reputation of Sonder and/or the Service itself, or any person associated with the Service;

(e)        for or in relation to a Prohibited Service;

(f)         accessing the Service in order to resupply, retransmit or republish the contents of the Service to a third party;

(g)        requesting the services of a Personal Liaison Officer to assist a third party without Sonder’s prior written consent;

 

(h)        in circumstances where a reasonable person in your position would not have so used or relied on the Service, having regard to the nature of the Service;

 

(i)         in a way that harms or injures the person or property of Sonder, a Personal Liaison Officer or any other third party service provider which Sonder may have referred you to, including use of the Service in a way that creates an appreciable risk of such harm or injury;

(j)         in a way that adversely affects or infringes the lawful rights of a Personal Liaison Officer or any other third party; or

(k)        in any way that is otherwise deemed by Sonder, in our absolute discretion, to be against the purpose of the Service and/or the values of Sonder.

3.4       Other than the limitations on the Service as expressly set out in this Fair Use Policy and the Sonder Service Agreement, Members must understand and accept that the Service is intended to be primarily an information service that provides limited in-person support in specific situations (see clause 4 below) to supplement the information service. In all cases, the information and assistance which the Service may provide to a Member, including any assistance provided by a Personal Liaison Officer, will differ depending on a variety of factors that may or may not be foreseeable, including the situation in which the Member requires information, the complexity of the matter in respect of which the Member requires assistance and/or the availability of relevant information and/or services from third party sources. As a result of this, there is no guarantee that the Service will always be able to provide information or assistance (or an answer) to Members in response to their requests and there is no guarantee that any information or assistance provided by the Service will always satisfy the personal requirements of Members.

  1. Specific Services

 

4.1       All Members of the Service may request the assistance of a Personal Liaison Officer for face-to-face assistance with any Critical Situations subject to the terms and conditions as follows (including any other matters that apply to a Member’s use of the Service according to the applicable Subscription Plan):

(a)        a request must only be made using a method authorised by Sonder, including any method available via the Sonder App;

(b)        you must provide appropriate information to us as part of your request so we can understand and assess the nature of the Critical Situation, including information about the persons involved and your location;

(c)        if we determine, in our absolute discretion, that your request is not a Critical Situation, we may refuse your request;

(d)        if we determine, in our absolute discretion, that your request does not require the personal attendance of a Personal Liaison Officer, we may refuse your request to dispatch a Personal Liaison Officer and instead assist in resolving the relevant situation by other means as we deem appropriate;

(e)        if we determine, in our absolute discretion, that the situation which you require assistance with is so serious that we cannot provide you with the appropriate level of assistance and/or that we reasonably believe you should seek the urgent assistance of a responsible third party (including  medical personnel, a police officer or any other emergency safety specialist or personnel) because the situation presents actual, or an immediate threat of, harm or injury to you (or damage to your property), we may refer you to such third party and provide all other reasonable assistance to you to ensure that you receive suitable assistance;

(f)         even if we do accept your request you must give us a reasonable amount of time to dispatch a Personal Liaison Officer to your location to provide you with assistance;

(g)        you must treat the Personal Liaison Officer with respect and dignity at all times, and you must follow the reasonable directions and instructions of the Personal Liaison Officer;

(h)        a Personal Liaison Officer will generally only spend up to three (3) hours with you after he or she has made contact with you to provide you with appropriate assistance with the situation, however, we may vary that time if we determine (in our absolute discretion) that to be appropriate due to the seriousness or requirements of the situation; and

(i)         you may not request the assistance of a Personal Liaison Officer in respect of the same situation or in circumstances where Sonder has previously rejected your request or has already provided you with assistance.

4.2       Certain Subscription Plans may allow applicable Members to request the assistance of a Personal Liaison Officer for face-to-face assistance with Non-critical Situations. A Subscription Plan may also limit the kinds and types of Non-critical Situations in respect of which a Member may request assistance (for more details, check your Subscription Plan). A request for assistance by a Personal Liaison Officer with Non-critical Situations is subject to the following terms and conditions (as well as any other matters that apply to a Member’s use of the Service):

(a)        a request must only be made using a method authorised by Sonder, including any method available via the Sonder App;

(b)        you must provide appropriate information to us as part of your request so we can understand and assess the nature of the Non-critical Situation, including information of your location;

(c)        if we determine, in our absolute discretion, that your request is not a Non-critical Situation, we may refuse your request;

(d)        the matters in clauses 4.1(d) – (i) inclusive shall apply;

(e)        we may not respond to a request or refuse to provide assistance if you have exhausted the number of requests which you are allowed to make during the relevant Subscription Term (the number of requests that may be made depends on your Subscription Plan); and

(f)         any unused requests for assistance during the relevant Subscription Term (based on the number of requests that may be made during the Subscription Term according to your Subscription Plan) may not be rolled over to the next Subscription Term (including a renewal of the Subscription Term).

4.3       Sonder may, from time to time and at its absolute discretion, offer the services of a Personal Liaison Officer to assist Members with Non-critical Situations for a fee (being a fee in addition to the Subscription Fee) on a case by case basis. The Member to whom such additional services are provided agrees to pay the agreed fee in accordance with the terms and conditions stipulated by Sonder at the relevant time.

4.4       The availability of a Personal Liaison Officer to assist you may depend on various factors, including:

(a)        your location at the time of requesting the support of a Personal Liaison Officer (for example, Personal Liaison Officers may only be available in the metropolitan area in which you are residing, as indicated at the time of you subscribing for the Service);

(b)        the number of Personal Liaison Officers that are available at the time of your request for support; and

(c)        the time of day you request support.

You should check the Service or with us regularly to ensure that you have the most up-to-date information about the availability of a Personal Liaison Officer and/or any other relevant limitations or restrictions in relation to the support available by a Personal Liaison Officer. Further, Members should not assume that because a Personal Liaison Officer was available on a previous occasion, that a Personal Liaison Officer (whether or not the same person) will be available on any other occasion.

4.5       Certain Subscription Plans may allow applicable Members to request remote assistance with Non-critical Situations. A request for assistance for Non-critical Situations is subject to the following terms and conditions (as well as any other matters that apply to a Member’s use of the Service):

(a)        the matters set out in clause 4.2(a) to 4.2(c) above;

(b)        even if we do accept your request you must give us a reasonable amount of time to provide you with assistance; and

(c)        you may not request assistance in respect of the same situation or in circumstances where Sonder has previously rejected your request or has already provided you with assistance.

4.6       For the avoidance of doubt, Sonder may determine, in its absolute discretion, that repeated requests by you for the provision of assistance by a Personal Liaison Officer or requests in contravention of this Fair Use Policy to constitute your use of the Service in an unreasonable and/or inappropriate manner for the purposes of clauses 3.3(c) and 3.3(d) above.

4.7       Certain Subscription Plans may allow applicable Members to participate in community and/or training events organised by Sonder from time to time. Your participation in such events organised by us is subject to the following terms and conditions (as well as any other matters that apply to a Member’s use of the Service):

(a)        you personally receiving an invitation to participate in the relevant event and responding appropriately to the invitation as required by the invitation;

(b)        there being available places for you to attend the relevant event;

(c)        the payment of any fee (in addition to any Subscription Fee) by you to us that is payable for your participation (for more details, see your Subscription Plan);

(d)        our right to cancel such event, or to prohibit you from participating, for any reason (any fee paid by you to us in relation to your participation in such event will not be refunded to you if you choose not to participate or are prohibited from participating due to your breach of the Sonder Service Agreement); and

(e)        any other terms and conditions stipulated by Sonder at the relevant time as applying to such event.