1.1. These Terms & Conditions, in conjunction with the Policies (The “Eligible User Terms & Conditions”):
(a) solely govern your use and access to the Service (as defined below) which is provided by Sonder Australia Pty Ltd (ACN 613 605 360) (“Sonder” or “us” or “our” or “we”) for use within Australia, New Zealand or any other country in which the Service is available from time to time ("Nominated Country"); and
(b) create a binding, legal agreement between you and Sonder. As a condition of using the Service, you, as an “Eligible User”, must carefully read and first accept the terms and conditions of the Eligible User Terms & Conditions.
1.2. By accessing the Sonder App (defined below), or using the Service, you irrevocably and unconditionally consent and expressly agree to be bound by the Eligible User Terms & Conditions. You also agree not to use the Service if you do not agree to be bound by the Eligible User Terms & Conditions.
2.1. We provide a single pathway for Eligible Users to access support covering the total spectrum of mental health, medical and physical safety needs for Eligible Users (the "Service").
2.2. Subject to the Terms and Conditions, the Service offers support that is available 24/ 7 via three touch points:
(a) Remotely via the Sonder App: The "Sonder App" is a Sonder-branded smartphone application and software platform.
(b) Remotely via telephone: Eligible Users are able to access the Service by calling the Sonder Support Centre (“SSC”).
(c) In person via a Sonder Responder: Eligible Users are able to access assistance from a person delegated by Sonder (who is available to provide face-to-face support), referred to as a "Sonder Responder", where that person is deployed to assist the Eligible User in a number of situations and circumstances.
Sonder will assess, triage, respond, manage and notify these situations to ensure the safety and welfare of Eligible Users.
2.3. Subject to the Terms and Conditions, the Sonder App providers Eligible Users with 24/7 access to the SSC and a range of features and notifications, including (but not limited to):
(a) The Sonder App ‘Help Centre’, and one-touch links to relevant offerings.
(b) On demand safety features, ‘Track my Journey’ and ‘Check on me’, enabling you to notify Sonder that you wish for Sonder to perform a safety check and monitor your wellbeing.
(c) Safety Notices, when Sonder identifies incidents in the environment that may affect the safety and/or well-being of Eligible Users, Safety Notices will be sent to Eligible Users through SMS and in-app push notifications.
(d) Eligible Users will be able to call or chat with the SSC through the Sonder App.
More information regarding the features identified above is available via the Sonder App. Sonder reserves the rights to update features and notifications from time to time.
3.1. To use the Service, you must register for and maintain a user account with us ("Account"). There are several available pathways to create an account, including via the App store, Single Sign On email entry or deep link sent by your employer. If you do not have a smartphone you may still access the Service via alternate pathways identified by Sonder.
3.2. You will comply with any protocols and validation procedures required by us to register and activate your Account.
3.3. Your employer, or another third party acting on your behalf, may handle the registration process for you, and you must comply with any reasonable direction provided by Sonder, your employer, or any other third party, with respect to the registration and activation process if you want to maintain a user Account.
4.1. You acknowledge and agree as follows:
(a) If you are under the age of 18 years old – you have received express permission from your parents or guardians to activate an Account, and to use the Service.
(b) You have read and understood the Eligible User Terms & Conditions and you have full authority and power to enter into and perform the obligations set out in the Eligible User Terms & Conditions.
(c) To use the Service, and unless otherwise agreed with us, you 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 your Nominated Country.
(d) You must not rely on the Service as the sole and only source of assistance or information in relation to or in connection with any matter.
Provision of Information
(e) When requested, you will provide us with accurate, complete, up-to-date and valid User Information reasonably required for the continued operation or activation of your Account.
(f) You are responsible for Sonder's reliance on any User Information you provide.
(g) It is your responsibility to tell us who we may disclose your User Information to and/or in what circumstances we may disclose your User Information, including by making any available selections or configuring the Sonder App appropriately. Although, in some circumstances we may disclose your User Information to a third party (including another Eligible User) if we are told (either by you, your employer or another person who is legally responsible for you) that they are your next of kin, your parent, your legal guardian or your emergency contact.
(h) We may disclose your User Information (including 'personal information' as defined in the Privacy Act) to third parties with whom we have arrangements to assist us to provide the Service. This may include a provider of personal support services, a police officer, a paramedic or your insurer where:
(i) you provide your express consent;
(ii) we reasonably believe that the disclosure is suitable or required in cases of emergency (to lessen or prevent a serious threat to your health or safety or to public health or safety);
(iii) to comply with any applicable Local Laws, law enforcement and/or other regulatory requirements;
(iv) to assist with the provision of any good or service to you that affects your wellbeing; or
(v) we are permitted by law.
It is your sole responsibility to have the information you obtain from or via the Service independently verified. You must exercise reasonable judgment when considering such information or seeking to use such information.
(j) You are responsible for maintaining the confidentiality and security of any details relating to your Account, including your User Information and any login details and passwords.
(k) You will not cause or allow your Account or any advice or content provided to you via the Service to be leased, sold or transferred to, or used by another person or entity.
(l) You remain absolutely and unconditionally liable to Sonder in respect of access to, and use of your Account, even if another person or entity uses your Account or accesses the Service via your Account.
(m) You will not register, establish or maintain another Account, or attempt to have any Account established, if your initial Account is inoperable or is otherwise terminated or suspended by us for any reason.
(n) You will not violate or attempt to violate any security features of the Sonder App or the Service, including (without limitation) as follows:
(i) accessing content or data not intended for you in your capacity as an Eligible User, or logging onto a server or account without authority;
(ii) attempting to probe, scan or test the vulnerability of the Sonder App, the Service or any associated system or network, or to breach security or authentication measures;
(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”;
(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;
(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.
(o) 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 Eligible User Terms & Conditions or is unreasonable or excessive given the intended purpose, attributes and capabilities of the Service;
(ii) in any manner that adversely affects the normal performance or operation of the Service, or adversely affects the reputation of Sonder or the Service;
(iii) to resupply, retransmit or republish the Sonder App to a third party;
(iv) in circumstances where a reasonable person in your position would not have relied on the Service, having regard to the nature of the Service;
(v) in any manner that is or might be regarded as unlawful, fraudulent, misleading or deceptive or that does or might infringe any applicable Local Laws or the legal, equitable or other rights of a third-party; and
(vi) 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.
(p) You undertake not to use or permit anyone else to use the Sonder App or the Service (as the case may be) to upload or send any material, that:
(i) is unlawful, defamatory, misleading, deceptive or in contempt of any legal or other proceedings;
(ii) 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;indecent, obscene, vulgar, pornographic, offensive, of a menacing character, or that is, in the view of Sonder, likely to annoy or cause concern;
(iv) harms or injures the person or property of Sonder, a 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;
(v) infringes the rights of any third party (including Sonder and/or another Eligible User), including copyrights, trade marks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or
(vi) is for any fraudulent purpose, whether against Sonder, another Eligible User or any other third party.
5.1. You acknowledge that where you request the assistance of a Sonder Responder for face-to-face assistance:
(a) such request must only be made using a method authorised by Sonder, including via the Sonder App;
(b) you will provide appropriate information to Sonder as part of your request to enable Sonder to understand and assess the nature of the request, such as, in the event of a Critical Situation, information about the persons involved and your location;
(c) you will treat the Sonder Responders with respect and dignity at all times and follow the reasonable directions and instructions of the Sonder Responder;
(d) you may not request the assistance of a Sonder Responder in respect of the same situation or in circumstances where Sonder has previously rejected your request or has already provided you with assistance;
(e) Sonder may determine, in our absolute discretion, that repeated requests by you for the provision of assistance by a Sonder Responder may constitute use of the Service in an unreasonable and/or inappropriate manner.
5.2. Access to a Sonder Responder is subject to the availability of such service. The availability of a Sonder Responder to assist you may depend on various factors, including:
(a) your location at the time of requesting the support of a Sonder Responder (for example, Sonder Responders 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 Sonder Responders that are available at the time of your request for support; and
(c) the time of day you request support.
5.3. You should not assume that because a Sonder Responder was available on a previous occasion, that a Sonder Responder (whether or not the same person) will be available on any other occasion.
6.1. You may request assistance in both Critical Situations and Non-Critical Situations. Whether a situation is a Critical Situation or Non-Critical Situation will be determined according to the terms and conditions of this clause 6.
6.2. Where you request assistance in a Critical Situation, you acknowledge and agree as follows:
(a) Sonder may determine, in our absolute discretion, that your request is not a Critical Situation (with reference to its internal policy and procedure documents), refuse your request and resolve the relevant situation by other means as Sonder deems appropriate.
(b) Sonder may determine, in our absolute discretion, that the situation with which you require assistance 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). Under such circumstances, Sonder may refer you to such third party and provide all other reasonable assistance to ensure that you receive suitable assistance.
(c) Where Sonder accepts your request, you must give us a reasonable amount of time to dispatch a Sonder Responder to your location to provide you with assistance.
(d) A Sonder Responder will generally spend up to three (3) hours with you following their initial contact with you to provide you with appropriate assistance with the situation. Sonder or the Sonder Responder may vary that time if either determines (in their absolute discretion) such variation to be appropriate due to the seriousness or requirements of the situation.
6.3. Where you request assistance in a Non-Critical Situation, you acknowledge and agree as follows:
(a) Sonder may determine, in our absolute discretion, that your request is not a Non-critical Situation, we may refuse your request.
(b) Sonder 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.
7.1. You are granted a limited, non-transferable and non-exclusive licence to use the Service Content solely in accordance with the Eligible User Terms & Conditions. Sonder retains all rights and benefits to the Service Content, including all intellectual property rights in the nature of (but not only) copyright, trade marks, patent, design rights, database rights and all other similar rights in any jurisdiction whatsoever, and you do not acquire any such rights or benefits.
7.2. You undertake not to:
(a) sell, licence, 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 Eligible User Terms & Conditions.
7.3. From time to time, the Service may provide you with opportunities to contribute User Content.
7.4. You grant Sonder a world-wide, non-exclusive, royalty-free, perpetual license to use, display, distribute your User Content and to prepare derivative works of the User Content or incorporate the User Content into other works in order to publish and promote the Service.
7.5. Sonder reserves the right to review, monitor, edit, post, refuse to post and/or remove any User Content.
7.6. You acknowledge and agree that Sonder may log, track, store and/or use any Usage Information and User Information to allow Sonder to operate, provide, monitor, maintain, refine, upgrade, analyse, market or promote the Service.
8.1. You may cancel and terminate your Account at any time via the Sonder App (or by contacting Sonder directly).
8.2. Sonder may suspend or terminate your Account, wholly or in part, and deny you access to the Service:
(a) in the event of an actual breach or to investigate a suspected breach of the Eligible User Terms & Conditions;
(b) 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;
(c) 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 Eligible User Terms & Conditions;
(d) to prevent any immediate risks of harm or injury to any person or property arising from your use of the Service; or
(e) for any other purpose deemed necessary by Sonder in our absolute discretion to maintain the integrity of the Service or the business of Sonder,without any liability of any kind whatsoever arising in respect of the suspension or termination.
8.3. 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 Eligible User Terms & Conditions in each case is capable of being remedied.
8.4. To the fullest extent permitted by law, Sonder may exercise any of its rights in clause 8.2 above without notice or liability to you.
8.5.For the avoidance doubt, Sonder’s rights (or the exercise of such rights) under the Eligible Terms & Conditions are in addition to and shall not prejudice any other rights that it may have including contractual rights or any other rights to seek compensation from you for losses or damages that we suffer or incur.
9.1. You acknowledge and agree that:
(a) 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:
(i) any implied warranties or guarantees of acceptable quality or fitness for a particular purpose;
(ii) that the Service will be uninterrupted or error-free; or
(iii) non-infringement of third-party rights not otherwise disclosed in the Eligible User Terms & Conditions.
(b) Certain attributes, features and functionalities may only be available during certain hours of the day, at certain locations or when a specific event occurs and may not always be available, either at all or to some extent, depending on the particular circumstances at the relevant time (for example internet connectivity) or as a result of your actions (or inactions). You may need to wait a certain amount of time before the Service is able to provide you with information or assistance and Sonder is not always in a position to provide an accurate estimate of how much time you must wait.
(c) Certain features operate best when used in major Australian cities and metropolitan areas, for example in-person support and assistance by a Sonder Responder may only be available in limited locations in your Nominated Country and/or be subject to other restrictions arising from time to time. The responsiveness, quality and/or content of the Service may differ depending on:
(i) the location in your Nominated Country from which you seek to access or use the Service; and/or
(ii) other logistical and geographical issues (for example if you try to access the Service outside the city where you reside as specified when you subscribed to the Service);
(d) The Service relies on the successful, reliable, accurate, valid and real-time receipt of information from third parties, including Eligible Users and User 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).
(e) The Service may change over time or be affected from time to time (including being unavailable or unresponsive) without notice to you, as a result of developments, modifications, upgrades, repairs or any other maintenance, or the application of any applicable Local Laws. You are responsible for determining how any changes to the Service affect your use of the Service. If you have any questions regarding any updates or changes to the Service, you will first check for notifications or change logs via the Sonder App or on Sonder’s website before contacting Sonder.
(f) Sonder does not itself provide any direct medical services. Sonder may provide you with information and/or recommendations for seeking treatment by an external health professional based on the details that you provide over the telephone, in-person or via the Sonder App, but will not provide direct medical services. The information and/or recommendations provided via the Service (whether made by Sonder staff, contractors, volunteers, moderators or other third parties utilised by Sonder in providing the Service) is not a substitute for professional medical advice, diagnosis or treatment. The information and/or recommendations provided by Sonder are designed to provide you with relevant information so that you can make an informed choice about your options for seeking treatment.
(g) You will seek the advice of your usual health provider with any questions you have regarding your health or a medical condition and not disregard, avoid or delay obtaining professional medical advice or treatment because of any information or advice provided to you via the Service.
(h) Sonder may, at its absolute discretion, provide you with suggestions or referrals to one or more third party service providers, including medical, health and emergency service providers and professional advisors, but the provision of such suggestions and referrals 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.
(i) Sonder may, at its absolute discretion, seek to communicate with you following a referral to a third party service provider, either to assess the need for further support requirements and / or obtain feedback on the service.
10.1. 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) a failure to provide the Service, to the extent that such failure is outside of Sonder's control;
(b) your use of or reliance on the Service in breach of the Eligible User Terms & Conditions, including a failure to observe any of your responsibilities and the requirements of using the Service as set out in the Eligible User Terms & Conditions;
(c) the termination or suspension of your Account in accordance with the Eligible User Terms & Conditions, or the cessation or termination of the Service;
(d) errors or inaccuracies in any User Information;
(e) performance issues, interruptions or technical errors occurring whilst you are using the Service, including “viruses”, “Trojans”, “spyware”, “adware”, “bots” and other similarly harmful computer effects;
(f) 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:
(i) a device, network or connectivity issue that is outside Sonder’s direct control; or
(ii) a force majeure event (which includes events such as strikes, riots, civil unrest, actions or inaction of governmental authorities, epidemics, pandemics, 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 Eligible User; and
(g) the actions or omissions of a third party that you deal with via the Service, including:
(i) your reliance on the representations made by a third party regarding the Service or us;
(ii) 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;
(iii) a failure of any goods or services provided to you by a third party, whether it is to do with the quality or any other matter in relation to the goods or services; and
(iv) a failure to provide any required goods, services or information on which the Service relies or requires;
10.2. Notwithstanding any other provision of the Eligible User Terms & Conditions:
(i) 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, is absolutely limited to the amount of $1,000.
(ii) Sonder shall not, under any circumstances, 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 as a result of termination of the Service Agreement with your employer by Sonder. Each party agrees that any loss of profits, business opportunities, reputation, anticipated savings, revenue, goodwill and contracts, however occurring, constitute indirect or consequential loss or damage for the purposes of the Eligible User Terms & Conditions and any action against Sonder.
10.3. Nothing in the Eligible User Terms & Conditions 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 or the New Zealand Consumer Guarantees Act 1993. If any condition, warranty or statutory guarantee is implied into the Service Agreement with your employer 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 or in any other way as permitted by law.
10.4. 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:any fees, charges and expenses we pay on your behalf; andyour breach of the Eligible User Terms & Conditions (including your use of the Service in breach of these Eligible User Terms & Conditions).
10.5. The kinds of loss and damage that you must indemnify us from and against include losses 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.
11.1. If you have a complaint or a dispute in relation to the Service, or the Eligible User Terms & Conditions (a “Service Dispute”), please contact us using the following details:
Tel: Australia: 1800 877 233, NZ: +64 (0) 9 8879 711 OR firstname.lastname@example.org
834 Elizabeth Street,
Waterloo NSW 2017, Australia
11.2. 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. You must in good faith utilise or comply with any mechanism or procedure which we have established to resolve a Service Dispute, as set out in the Eligible User Terms & Conditions or notified to you in response to your communication raising the Service Dispute.
In these Terms, unless the context otherwise requires or permits:
“Critical Situation” means any situation where there is harm or injury to an Eligible User or any situation where there is an appreciable risk of harm or injury being suffered by an Eligible User, or in connection to the Eligible User, or where the Eligible User is subject to any criminal or other police matter, including the following kinds of situations:
(a) where an Eligible User is involved in a motor vehicle or other road accident (including as a pedestrian);
(b) where an Eligible User 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 an Eligible User is being threatened and fears for his/her safety or damage to his/her property;
(d) where an Eligible User's residence has been damaged by fire, storm or other such cause which poses a safety risk or otherwise means that the Eligible User does not have access to basic utilities;
(e) where an Eligible User, having travelled outside of the main geographic area with which the Eligible User is familiar, cannot reasonably access transportation or other assistance to navigate and return home, such as an Eligible User being lost in a remote location;
(f) where an Eligible User suffers any serious illness requiring urgent medical attention; and
(g) where an Eligible User 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 Eligible User;
“Local Laws” means all laws and regulations, which are applicable in the circumstances from time to time as amended from time to time, of your Nominated Country, including all applicable statute, regulation, by-law, ordinance, subordinate legislation in force from time to time, whether made by a government agency, State, Territory or Commonwealth (to the extent applicable) or a local government, and includes common law and the principles of equity as applicable from time to time, and any applicable legally binding industry codes of conduct;
“Non-critical Situation” means any situation, as determined by Sonder in its absolute discretion, where an Eligible User requires assistance with matters of non-critical support, including Eligible User requirements that are met through self-service features in the Sonder App, or SSC assistance in identifying the appropriate resource.
“Policies” means any policies issued by Sonder from time to time in relation to the Service, including our Privacy Policies, and any other documents or information on the Sonder App, our Website or otherwise provided by Sonder which explains any aspect of or relating to the Service;
“Privacy Act” means, where your Nominated Country is Australia, the Privacy Act 1988 (Cth) or, where your Nominated Country is New Zealand, the Privacy Act 1993 (New Zealand) or where your Nominated Country is any other country, the privacy laws applicable in that Nominated Country;
“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 an Eligible User (including purchasing concert or other event tickets);
(f) gambling or escort services;
(g) consular services;
(h) legal services;
(i) medical, mental health, health diagnosis or treatment services or emergency services (including ambulance services and other urgent emergency response services); and
(j) any other service, as determined by Sonder in its absolute discretion, which Sonder may, from time to time, advise Eligible Users to be a prohibited service.
“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 Eligible User via the Service or as provided directly by Sonder;
“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;
“User 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 an Eligible User in relation to, or in connection with, the Service;
“User Information” means any information about an Eligible User provided by an Eligible User or a third party to us, whether directly or by uploading it via the Service or indirectly by use of the Service, including any User Content, billing information and any personal information relating to the Eligible User (for example, their name, date of birth, contact information, education provider, insurance provider and any other information specifically relating to the Eligible User); and
“Website” means the website of Sonder, which, as at the date of this version of the Terms and Conditions, is the website at sondersafe.com.
The company that you are contracting with under the Eligible Terms & Conditions is stated below. The Eligible User Terms & Conditions shall be construed in accordance with and governed by the law set out below, and the courts stated below will have jurisdiction in respect of disputes arising out of or related to the use of the Service, the Website or the Eligible User Terms & Conditions.
13.1. If you are domiciled in Australia or any other Nominated Country (with the exception of New Zealand):
Contracting entity: Sonder Australia Pty Ltd,
a company incorporated in Australia,
ACN 613 605 360
Governing law: New South Wales, Australia
You and Sonder submit to the non-exclusive jurisdiction of the courts of:New South Wales, Australia
13.2. If you are domiciled in New Zealand:
Contracting entity: Sonder New Zealand Limited,
a company incorporated in New Zealand,
New Zealand company number (7859285)
Governing law: New Zealand
You and Sonder submit to the non-exclusive jurisdiction of the courts of:New Zealand
14.1. In these Terms, unless the context otherwise requires or permits:
(a) the singular includes the plural, and the converse also applies;
(b) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included;
(c) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(d) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
(e) a reference to conduct includes an omission, statement or undertaking, whether or not in writing.
(f) a reference to dollars and '$' is to Australian currency; and
14.2. Sonder may at any time revise the Eligible User Terms & Conditions 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 periodically review the Eligible User Terms and Conditions, the Sonder App and the Website to check for any revisions.
14.3. If there is any conflict or inconsistency between the matters in the Eligible User Terms & Conditions, the order in which they will prevail is as follows (from highest to lowest level of priority):
(a) these Terms and Conditions;
(c) any other information made available by Sonder regarding the Service on the Website or in the Sonder App.
14.4. Sonder may make available the Eligible User Terms & Conditions in other languages for informational purposes only. For the avoidance of doubt, only the English version of the Eligible User Terms & Conditions as published and made available by us is to be construed as the legally binding contract between Sonder and each of its Eligible Users.
14.5. Notwithstanding any other matter in the Eligible User Terms & Conditions, 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.
14.6. If any term or condition in the Eligible User Terms & Conditions 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 Eligible User Terms & Conditions, but the validity of the remainder terms and provisions shall not be affected.
14.7. Sonder is not to be deemed to have waived any rights of enforcement, whether for past, future or continuing breaches, under the Eligible User Terms & Conditions 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).