PARKMOBILE International (Australia) Pty Ltd TERMS & CONDITIONS
Effective from 4 October 2015
The terms "we," "us," and "our" refer to Parkmobile International (Australia) Pty Ltd and its subsidiaries and affiliates (collectively, "Parkmobile"). The term "Services" refers to our parking payment system for on-street and off-street parking areas and the related products and Services (collectively, the "Services") provided pursuant to these terms and conditions ("Terms and Conditions"). The terms "you" and "yours" refer to the individual or company registering for or using the Services offered by us on this website.
2. SCOPE OF TERMS AND CONDITIONS
2.1 These Terms and Conditions apply to your use of all of the sites and Services owned or operated by Parkmobile International (Australia) Pty Ltd ("Parkmobile") ("we" and "us"), for the benefit of users in Australia and New Zealand ("ANZ") and any other site that we may own or operate in the future (collectively, the "Site"). Unless we say otherwise, all references to the Site in these Terms and Conditions include all such sites. Please note that this Site is intended for use in ANZ only and these Terms and Conditions apply only to use in ANZ. Parkmobile agrees to provide the Services that you register for through this Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow Parkmobile to deliver the Services.
2.2 The contents of this Site are protected by national and international copyright and trademark laws and are the property of Parkmobile. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site. All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively "Marks"), whether explicitly marked or not, used on this site are owned by Parkmobile, its subsidiaries, affiliated companies or joint partners, or user under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or other use any information, content or Marks provided on the Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Parkmobile. You may, however, copy, print or otherwise use the information, content or Marks provided on the Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, contents or Marks except as specifically permitted in these Terms or in a written instrument signed by Parkmobile is strictly prohibited. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.
Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Parkmobile or any third party.
You are not permitted to create a hyperlink to any page or portion of this Site or frame any page of portion of this Site without the prior written permission of Parkmobile.
2.3 Parkmobile hereby grants you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.
2.4 These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
3. YOUR USE OF THE PARKMOBILE SERVICES
3.1 You are responsible for providing Parkmobile with the correct information about you when you register for the Parkmobile Service. Required details may include, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the Parkmobile website, or via the mobile applications. Additionally, changes may be made by calling Parkmobile's Helpdesk during regular business hours at 1300564564. You are responsible for keeping your password and login information for our website secret so that only you can access your account's personal pages on our website. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the Services.
3.2 You activate the Services by either: (a) using your mobile phone to call us or (b) using the Parkmobile app on your smart phone device or (c) using the Parkmobile website (www.parkmobile.com.au) when you park your vehicle in a designated parking space. You are responsible for all fees associated with the use of your mobile phone (e.g., per-minute phone charges).
3.3 You are responsible for correctly entering the relevant parking zone number, which is indicated on the parking meters or signs nearest to the relevant parking space, as well as the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking space number. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. Note that use of the Services does not guarantee you a parking space. You only activate the Services after you have found an available space. To correctly activate the Services when you have parked, you must input the necessary details required to activate your parking session.
3.4 All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from Parkmobile. The parking garage or parking lot owner's parking regulations apply to you and your use of the Services does not exempt you from following their rules. Parking rates can be changed by the parking garage or parking lot owner at any time. Increases or modifications to parking fees are beyond Parkmobile's control. We pass the fees through to you and we are not responsible for any fee increases.
3.5 You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked. In parking locations that allow for early deactivation of your parking session, it is your responsibility to deactivate your parking session (i.e., before you leave the parking facility).
3.6 Parkmobile is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize Parkmobile to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Parkmobile may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then Parkmobile, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall Parkmobile provide any of your credit card data to the relevant authorities in connection with such collection matters.
3.7 We attempt to be as accurate as possible when describing our Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.
4. COMPLIANCE AND OWNERSHIP OF PARKMOBILE WEBSITE
4.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.
4.2 We own and shall retain all rights and interest in the intellectual property rights in the Site content, Services, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.
5. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS
5.1 As part of the Services, Parkmobile may send reminders, alerts (further referred to as 'notifications'), or critical service-related notifications via SMS text message, ("Mobile application") push or email to its users, and you acknowledge and consent to the receipt of such messages. Parkmobile may use one or more of the following carriers for SMS message delivery: Optus, Telstra, Vodafone, Telecom NZ or other selected carriers.
5.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to Parkmobile or that you have the account holder's express permission to use the specified phone to receive text messages about your account from Parkmobile.
5.3 With each parking session, you may receive standard SMS messages, push or emails relating to your parking session or Parkmobile service communications. In all cases, standard messaging and data charges assessed by your carrier will apply. Parkmobile may also charge SMS notification fees to your account.
5.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a parking transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. Parkmobile shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
5.5 You may opt out of receiving SMS text messages, push or email notifications at any time. Opting out of SMS, email or push notifications can be completed within the Parkmobile website. (In the case of Push notifications the user must choose to stop receiving within their mobile phone). You may visit www.parkmobile.com.au, or contact us at 1300564564 for questions or assistance in receiving or opting out of receiving SMS text messages or email notifications.
6.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions.
6.2 Parkmobile shall process the parking fee and other Services by charging your credit card or debit card at the time of your parking transaction. You must have a valid credit or debit card, or suspension of services may occur. If your credit card or debit card is declined your Parkmobile account may be blocked or terminated. Additionally, Parkmobile reserves the right to transfer the claims for unpaid parking fees to third parties.
6.3 A history of your parking transactions, indicating the parking locations, times and costs is accessible by you from your Personal Pages on this website. If you require a printed invoice, you must print it from your Personal Pages on this website. Alternatively, if you wish to receive an invoice by mail, you may request one from us, and we will provide you with one, subject to a processing fee.
6.4 If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute, and the applicable parking authority, if any, within thirty (30) days of receipt of such invoice. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorneys' fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.
7. TERMINATION AND REMEDIES
7.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website and the Services, in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.
8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 Except as expressly provided otherwise, all Services sold, licensed or provided through this website are governed by these terms and conditions and are provided on an "AS IS" basis. Parkmobile does not make any express or implied warranties, conditions or representations to you with respect to the Services, third party work provided hereunder or otherwise regarding these terms and conditions, whether oral or written, express, implied or statutory. No representation or other affirmation of facts, including, but not limited to, statements regarding the performance of the Services which is not contained in these terms and conditions, shall be binding on Parkmobile. You acknowledge and agree that Parkmobile shall not be liable for any error, omissions, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, Parkmobile expressly excludes and disclaims any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose or that the Services (or your use hereof) will be error free or uninterrupted. You assume all risks associated with the Services.
8.2 Neither Parkmobile nor its officers, directors, employees, shareholders, agents, or representatives shall be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these terms and conditions, including but not limited to, damages or costs resulting from the use of or inability to use the Services, even if Parkmobile has been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. Parkmobile's total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) shall in no event exceed an amount equal to the total amount paid for Services purchased by you hereunder.
8.3 For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes such as to conduct sales of Permits, event tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purposes of selling Permits of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a Permit order for any user known or reasonably believed to be associated with any permit broker or scalper, or utilizing automated means to process or place Permit orders, or whose Permit order exceeds the stated limit.
8.4 Parkmobile is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by Parkmobile.
You agree to indemnify, defend and hold Parkmobile, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Services on this website; and (vi) your use of this website or the products or Services of Parkmobile or any third party.
10. GOVERNING LAW; JURISDICTION AND VENUE
10.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of New South Wales, Australia without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the State of New South Wales, Australia., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the state of New South Wales, Australia.
10.2 We intend for this website to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This Site and Services should not be used by minors. If you do not qualify, you are not permitted to use this Site or order or use the Services, and you do not have our consent to do so.
10.3 Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this website or to have otherwise violated these Terms and Conditions.
11.2 Miscellaneous. You warrant to Parkmobile that you will not attempt to gain unauthorized access to any services offered by Parkmobile or computer systems or networks connected to any Parkmobile server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Parkmobile. When using the Site you agree not to pretend to be someone else or spoof their identity. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to firstname.lastname@example.org
12. PARKMOBILE WALLET TERMS & CONDITIONS
By activating a Parkmobile Wallet account on the site you agree to be bound by all terms and conditions of this Section 12. For purposes hereof "transaction" is defined as an action which requires payment, and "replenishment" is any time Parkmobile adds value to your wallet account Each time you use your Wallet to pay (a transaction) the applicable charges will be deducted from your account. Your Wallet funds are deposited in an Escrow account at Citibank linked to your Parkmobile account. The Parkmobile Wallet is FDIC insured. You will not receive interest or other earnings on the funds in your Wallet account. Parkmobile does not allow split payments (paying a transaction with both the Parkmobile Wallet and a credit card). Only one means of payment is accepted per transaction. Method of Payment: Account replenishment will occur when the transaction fees deducted from your prepaid balance reaches the threshold value set by Parkmobile. Your credit card will automatically be charged according to the replenishment amount selected in your account settings on the site. If your account balance falls below $0.00 and Parkmobile is unable to replenish your account, the account will be disabled. The account can be enabled when a valid credit card is provided to replenish the account. You shall remain fully liable to us for the amount of any outstanding transaction costs. Users with an active Wallet account will use the Wallet payment method where applicable. In the event that your Wallet account is closed for any reason, the unused balance will be returned (refunded) to your primary credit card associated to the account, or a check only if the first refund method is not possible. Accounts with a negative balance will not be refunded. A check refund may take up to twenty (20) business days to be processed and delivered to you. You agree that you are responsible for supplying Parkmobile with a valid credit card or debit card to cover the costs associated with using the Wallet account. You are responsible for all authorized transactions initiated using the Wallet account. If you permit another person or persons to use the same Parkmobile account (Individual or Corporate), we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons using the wallet account. If you become aware of a discrepancy in your account balance and would like to dispute the value of the account, Parkmobile must be notified in writing within sixty (60) days from the last transaction against the Wallet account (parking transaction or account replenishment). Discrepancy details must be sent via email to the following email address email@example.com. Please include your name, mobile phone number, discrepancy details and any other pertinent details in any correspondence to us regarding a discrepancy