Terms of Service
Last updated: February 2025
1. Definitions
In these Terms of Service ("Terms"), the following definitions apply:
- "Charzie", "we", "us", or "our" refers to Charzie Pty Ltd (ABN pending), an Australian company.
- "Platform" means the Charzie website, mobile application, and all related services.
- "Host" means a user who lists a parking space or EV charging asset on the Platform.
- "Driver" means a user who books and uses a parking space or EV charging asset through the Platform.
- "Strata Admin" or "Building Manager" means an authorised representative of a strata scheme or owners corporation who manages building-level settings on the Platform.
- "Booking" means a confirmed reservation of a parking space or EV charging session made through the Platform.
- "Asset" means a parking space, EV charger, or combined parking-and-charging listing on the Platform.
2. Account Terms
You must be at least 18 years old and a resident of Australia to create an account on Charzie. By registering, you agree to:
- Provide accurate and complete information during registration.
- Complete identity verification as required, including providing valid government-issued identification when requested.
- Keep your account credentials secure and notify us immediately of any unauthorised access.
- Maintain only one account per person. Duplicate accounts may be suspended or terminated.
- Accept that we may suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
3. Bookings
Bookings are binding agreements between Drivers and Hosts, facilitated by Charzie. When you make or accept a booking:
- Drivers must arrive within the booked time window. Late arrivals may result in shortened parking time without refund.
- Drivers must check in and check out using the Platform to confirm their presence. Failure to check in may result in booking cancellation.
- Hosts must ensure the listed space is available, accessible, and accurately described during the booked period.
- All bookings are subject to building-level rules set by the Strata Admin, including access hours, vehicle size restrictions, and EV charging policies.
- Overstaying beyond the booked period may incur additional charges at the listed hourly rate plus a penalty fee.
4. Payments
Charzie processes all payments through Stripe, a PCI-DSS compliant payment processor. By using the Platform, you agree to the following:
- All prices are displayed in Australian Dollars (AUD) and include GST where applicable.
- Drivers are charged at the time of booking via a payment hold. The final charge is settled after checkout based on actual usage.
- Charzie deducts a platform service fee from the total booking amount before remitting payment to Hosts.
- Hosts receive payouts to their connected Stripe account. Payout timing depends on Stripe's standard settlement schedule.
- EV charging costs are calculated based on metered energy consumption at the rate set by the Host, plus any applicable charging fees.
- A portion of booking revenue may be allocated to the building's owners corporation as a strata levy, as configured by the Strata Admin.
5. Host Obligations
By listing an asset on Charzie, Hosts agree to:
- Only list spaces they are legally entitled to sublet or share, in compliance with their strata by-laws, lease agreement, or ownership rights.
- Provide accurate descriptions of the space, including dimensions, access instructions, EV charger specifications, and any restrictions.
- Maintain the space in a safe and accessible condition. Report any hazards or maintenance issues promptly.
- Respond to booking requests and driver enquiries in a timely manner.
- Comply with all building rules configured by the Strata Admin, including permitted hours and maximum booking durations.
- Not discriminate against Drivers on the basis of race, gender, religion, disability, or any other protected characteristic under Australian law.
6. Strata Admin Terms
Strata Admins and Building Managers who register their building on Charzie agree to the following:
- They are duly authorised by the owners corporation or body corporate to manage the building's participation on the Platform.
- They will configure building-level rules (access hours, permitted asset types, strata levy rates) accurately and keep them up to date.
- They are responsible for approving or declining listing requests from residents within a reasonable timeframe.
- They will provide accurate building information, including address, access instructions, and emergency contact details.
- Any strata levy or building revenue share is subject to the terms agreed between the building and Charzie.
7. Cancellation Policy
Cancellations are subject to the following policies:
- Driver cancellations (24+ hours before): Full refund minus a small processing fee.
- Driver cancellations (2-24 hours before): 50% refund of the booking amount.
- Driver cancellations (less than 2 hours): No refund. The full booking amount is charged.
- Host cancellations: Hosts who cancel a confirmed booking may incur a cancellation penalty. Repeated cancellations may result in listing suspension.
- No-shows: If a Driver does not check in within 30 minutes of the booking start time, the booking may be automatically cancelled with no refund.
8. Disputes
Charzie provides a structured dispute resolution process:
- Either party may raise a dispute within 48 hours of booking completion through the Platform's dispute resolution centre.
- Disputes are initially reviewed by the Charzie operations team, who may request evidence (photos, timestamps, blockchain proofs) from both parties.
- We aim to resolve disputes within 5 business days. Complex cases involving property damage or safety concerns may take longer.
- Charzie's decision on a dispute is final and binding, except where the dispute involves matters subject to Australian Consumer Law.
- For unresolved matters, parties may seek mediation through an accredited Australian mediation service.
9. Liability
Charzie operates as a marketplace facilitator. To the maximum extent permitted by law:
- Charzie is not liable for damage to vehicles, property, or persons arising from the use of parking spaces or EV chargers listed on the Platform, except where covered by our booking insurance.
- Each booking includes basic liability coverage as described in our insurance policy. Additional coverage may be available for purchase.
- Hosts are responsible for ensuring their space is safe and compliant with relevant building codes and regulations.
- Charzie's total liability to any user for any claim arising from these Terms is limited to the total fees paid by or to that user in the 12 months preceding the claim.
- Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law or other mandatory legislation.
10. Privacy
Your use of Charzie is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information in compliance with the Australian Privacy Act 1988.
By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
11. Changes to Terms
We may update these Terms from time to time. When we make material changes:
- We will notify you via email and/or a prominent notice on the Platform at least 30 days before the changes take effect.
- Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
- If you do not agree with the changes, you may close your account before the effective date. Outstanding bookings will be honoured under the previous Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the Platform are subject to the exclusive jurisdiction of the courts of New South Wales.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Contact Us
If you have questions about these Terms, please contact us at legal@charzie.com.au.
Charzie Pty Ltd
Sydney, NSW, Australia
ABN: Pending