Terms and Conditions
Purpose The Terms govern the use of a website or mobile device application.
Party 1 Name Provider
Party 2 Name User
1. Introduction to terms
You agree to the Terms by using the Interface.
The Interface is owned and operated by Provider. The Interface is an application designed for a two sided market where individuals can buy and sell the right to use a car parking space.
3. User agrees to the Terms
4. Conditions of Use
Provider grants User a limited and revocable license to view and use the Interface, and to register and Account, in accordance with the Terms if User:
- complies with the Terms;
- is over the age of 18 years or if under the age of 18 years uses the Interface with the supervision of a parent, legal guardian, or qualified teacher;
- is capable of forming binding contracts;
- is not breaking any law by accessing and using the Interface (by reference to laws in User’s jurisdiction and Provider’s);
- uses the Interface for lawful purposes only (by reference to laws in User’s jurisdiction and Provider’s);
- uses the Interface only in the way that it is designed to be used; and
- does not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Interface (as determined by Provider at its sole and absolute discretion).
Provider may at its discretion immediately revoke licence to use the Interface will be immediately revoked if User breaches any of the conditions above.
In order to access certain parts and functionality of the Interface, User must register an Account.
6. Account undertakings and responsibilities
When User registers an Account, User undertakes to:
- provide information during the registration process that is accurate and complete in all respects; and
- represent him or herself only, and not impersonate any other person (with or without their consent) while using the Interface.
Users are solely responsible for:
- the use of their Account, irrespective of who is using it, even if it is used without the their permission; and
- keeping their username and password secure.
7. Account password retrieval
- User agrees to the Provider sending emails to User to enable direct access to User’s Account without a password as part of Provider’s password reset process.
- User acknowledges and agrees that anyone with access to the email account specified in the Account details will indirectly have access to User’s Account.
8. User categories
The Interface has 2 categories of user:
- the party with the right to license the car parking space; and
- the party purchasing the right to use to the car parking space.
The parties agree to abide by the transaction rules for carpark licensing set out on the Interface at [URL for rules].
9. Provider’s relationship to transactions between users
- Provider has no relationship at contract with transactions that occur between users on the Interface.
- User agrees and acknowledges that Provider’s provision of the Interface does not constitute advice by Provider in any way.
- Provider does not make any warranties in relation to any services rendered or information provided by users, or transactions entered into between users, of the Interface.
- User is responsible for ensuring that any services User provides on the Interface are of the standard expected by other users to whom User provides the services.
- User will be able to use the Interface to view available Booking appointment times and to make Bookings. User agrees that all availability is indicative only and User understands that no warranty or guarantee is made as to the appointment time’s availability.
- User agrees that all Bookings User makes are genuine and acknowledges that a third party may require User to submit further details in order to complete a Booking. User may be charged a cancellation or no-show fee if User does not follow through on a Booking.
- Provider reserves the right to terminate User’s use of the Interface for non-attendance at bookings or making false bookings.
User agrees and acknowledges that there may be technical or administrative errors in the information on the Interface, including but not limited to errors with respect to product description, pricing and availability.
Where a User makes an order or payment based on erroneous information, Provider may, with notice to User, cancel the order and refund any payment made in respect of it.
12. Changes by Provider
Provider reserves the right to do any of the following, at its absolute discretion, without notice:
- change any price;
- correct any errors; or
- change the Interface or Content in any way.
13. Customs, Duties and Taxes
User agrees to pay any customs, duties or taxes with respect to the Services.
- User agrees to pay all fees and charges for the Services described during the payment process during a transaction (including amounts in consideration for the license to a car parking space), including GST as required on demand, in full and without set-off.
- Unless stated otherwise, and insofar as permissible under laws, there are no refunds for any payment made by User with the Interface.
15. Content on the Interface
- All Content is for informational purposes only, and is to be used or relied on at User’s own risk.
- User agrees and acknowledges that there may be technical or administrative errors in the Content. Provider makes no warranty or representations as to the accuracy of the Content.
- Provider reserves the right to correct any errors in the Content and on the Interface without any notice to User.
16. Posted Content
In respect of Posted Content, User warrants that it is not:
- uploaded in breach of the Intellectual Property Rights of any third party;
- uploaded in breach of any law under the Privacy Act 1988 (Cth);
- affected by any computer virus or malicious code;
- connected with "spam" or the process of "spamming";
- false, defamatory, misleading or otherwise deceptive in any way;
- financial, legal, medical or other professional advice;
- adult material;
- material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation; or
- in breach of any other clause of the Terms.
User agrees that any comments or opinions that User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.
17. Provider not responsible for Posted Content
Provider makes no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general.
18. Provider powers in relation to Posted Content
- Provider reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content, or to request User to do so.
- User agrees to comply with any instruction by Provider to remove, amend, edit or in any other way change any Posted Content.
- By posting or uploading Posted Content, User grants Provider a world-wide, non-exclusive, perpetual, assignable, sub-licenceable, royalty fee, unlimited and irrevocable right to use the Posted Content, other than personal or medical information, for any purpose.
19. Comments, Reviews and Ratings
- A comment, review and ratings system is available on the site. User accepts that their Posted Content could be discussed on the Interface.
- User agrees that any comments, reviews or feedback that they make will be fair, accurate and genuinely held by User.
- Provider reserves the right to remove any comments, feedback or ratings at Provider’s sole discretion.
20. Privacy and Data Retention
- Provider may collect and store Data.
- how Provider collects and stores Personal Information; and
- under what conditions Provider shares such information.
- The businesses that Provider contracts with to host and operate the Interface are committed to protecting the confidentiality of Data, however, Provider reserves the right to permit those businesses to access, view and review any of User’s Data in order to maintain the Interface and comply with any relevant laws, including in the following circumstances:
- if a government agency or regulatory body lawfully and specifically requests them to do so;
- when performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or
- when such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal or offending (eg pornographic, violating policies, etc) Content or prevent a server failure, service outage or other damage.
21. Third Party Websites and Advertising
- The Interface may contain hyperlinks, images, banners, information and advertising from Third Parties. User consents to receiving this information as part of User’s use of the Interface. Provider is not responsible for any information transmitted by Third Parties nor is Provider responsible for the accuracy of any advertisements.
- The inclusion of any Third Party link does not imply any endorsement or recommendation of a linked website by Provider or its affiliates, directors or employees. Those websites are not under the control of Provider, and Provider is not responsible for the contents of any linked website. This Interface provides those Third Party links to User for User’s convenience only.
- User’s link to any Third Party website, or decision to accept any Third Party offer, is entirely at User’s own risk.
22. Provider ownership of Intellectual Property Rights
All title, ownership rights and Intellectual Property Rights, including copyright, in relation to the Interface is owned or used under licence by Provider. The Interface includes registered and unregistered trade marks.
23. User’s IP rights and obligations
- User may make whatever copies of the Interface are necessary for ordinary browsing.
- Otherwise, without the express written permission of Provider, User shall not:
- replicate all or part of the Interface in any way, including for private and domestic use;
- incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
- copy, alter, use or otherwise deal in Provider’s trade marks without the prior written consent of Provider.
24. Complaints about the Interface
- In the event of a dispute with another user, User agrees to work in good faith to resolve the dispute. Provider accepts no liability for disputes between users, and User agrees and acknowledges that any such dispute is to be resolved by users amongst themselves directly, without the involvement of Provider in any way whatsoever.
- If User has a complaint in connection with the Interface for which User considers that Provider is liable User must report it in writing to Provider within 10 days of the circumstances giving rise to the complaint first occurring. Provider may or may not, at its sole discretion, investigate User’s complaint, depending on the nature of the complaint.
- If User is not satisfied with Provider’s action in relation to a complaint, User must formally notify Provider of User’s complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
- Within 10 days after such a notice is given, a representative of Provider will respond to the Complaint Notice in writing.
- In accordance with this section, and to the fullest extent available under the law, User agrees not to bring any court or tribunal proceedings against Provider in respect of any complaint unless User complies with the requirements of this clause (but subject always to any rights User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).
25. Limitations, exclusions and indemnities subject to the law
All limitations, exclusions and indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by the law.
User acknowledges and agrees that User uses the Interface at User’s own risk. Provider is not responsible for the conduct or activities of any other user of the Interface.
27. Exclusion of express warranties
Subject to the Non Excludable Conditions, Provider makes no warranties or guarantees, implied or express:
- the availability of any car park advertised on the Interface;
- that the Interface will be accessible at all times, uninterrupted or error free;
- that the Interface is without bugs or viruses;
- that the Interface is immune to unauthorised access or security breach; and
- in respect of the retention of, or continued accessibility of, any Data.
28. Exclusion of implied conditions
To the fullest extent available under the law, Provider excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.
29. Limitation of liability
Provider excludes all other liability to User for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by User in connection with the Terms or the Interface, including in connection with:
- the availability or non-availability of a cark parking spot advertised on the Interface;
- the Interface being inaccessible to User for any reason;
- incorrect or corrupt data, lost data, or any data inputs or outputs of the Interface;
- computer virus, trojan and other malware in connection with the Interface;
- any unauthorised activity by any third party in relation to the Interface;
- any personal injury or death arising directly or indirectly from the provision of the Interface by Provider;
- any damage to property arising directly or indirectly from the provision of the Interface by Provider;
- User’s use of or reliance on the Interface for a purpose other than the business purposes of User or the reasonably expected purpose of the Interface;
- User or any authorised user’s infringement of any third party Intellectual Property Rights by use of the Interface;
- any breach of the Terms by User including breach of User’s undertakings;
- any loss or damage to property arising directly or indirectly from the use of the Interface;
- Provider’s breach of the Terms;
- any act or omission of Provider;
- any relationships between Users;
- any reliance User places upon the information or statements conveyed by other users or Third Parties; or
- any loss in relation to User’s dealings with Third Parties.
The foregoing limitation applies however the Costs are caused whether they arise in contract, tort (including by Provider’s negligence), or under statute.
30. Operation of compulsory conditions
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:
- in the case of goods:
- the re-supply of the goods or payment of the cost of the re-supply of the goods; or
- the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- in the case of services:
- the re-supply of the services affected by the breach; or
- the payment of the cost of such re-supply of the services.
31. General indemnity
User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or User’s use of the Interface.
32. Specific indemnities
Without limiting the generality of the section entitled "General indemnity" in the Terms, User indemnifies the Indemnified against any Costs arising directly or indirectly from:
- User’s breach of the Terms;
- damage property connected directly or indirectly with the Interface;
- User or any authorised user's infringement of any third party Intellectual Property Rights while using the Interface;
- any harm to or claim by a third party arising directly or indirectly from User’s use of the Interface;
- User’s breach of any warranty in relation to Posted Content;
- any negligent or unlawful act or omission by User in connection with the Interface;
- Provider’s or a third party’s reliance on a misleading representation made by a User;
- a contract in force between User and a third party connected with the Interface;
- Provider’s enforcement of its rights in connection with the Terms, including legal costs on a full indemnity basis;
- any complaints process initiated by a person under Privacy Law; or
- any other cost incurred by Provider as a result of a person pursuing rights conferred upon them by Privacy Law.
33. Conditions of indemnity
- The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
- The indemnities in the Terms shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent Provider from claiming damages in relation to User’s breach of any term of the Terms.
- Either User or Provider may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
- Where the Terms have been terminated User must immediately cease to use the Interface and delete it.
- Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
- After termination, Provider will continue to have the right, but not the obligation, to monitor Posted Content on the Interface, to determine compliance with the Terms and any other operating rules established by Provider.
- Communications must be in writing.
- Either party may serve any Communication on the other party by sending it to that party’s email address. A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee's domain specified in the email address.
- The email for Provider is firstname.lastname@example.org. The email for User is the email used by User to register an Account.
Provider may amend the Terms at its sole discretion by providing User with a period of notice that Provider determines to be reasonable. If User chooses to unsubscribe from Provider’s mailing list, Provider will not have the ability to notify User of changes to the Terms, and it will be User’s responsibility to regularly check the Terms [at http://carparkit.com.au/terms]. By continuing to use the Interface after an amendment to the Terms, User agrees to be bound by the Terms as amended.
37. Relationship of parties
The relationship between Provider and User under any Terms does not form a joint venture or partnership.
38. Assignment and novation
- User cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of Provider.
- Provider may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a third party without notice to, or the prior consent of, User, but if Provider requires, User will sign any documents to give effect to an assignment, novation or transfer by Provider under this clause.
39. Governing law
The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.
40. General and interpretation
The parties agree to:
means a membership account on the Interface.
means bookings for the provision of services using the Interface.
means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.
means the notice provided by User to Provider as described in the clause entitled "Complaints about the Interface".
means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
means all information, graphics, HTML, text, software and materials on the Interface.
means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.
means information that User uploads to the Interface including account registration information, Personal Information and Posted Content.
means Provider and its directors, employees, contractors and agents.
Intellectual Property Right, Intellectual Property Rights
means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
means the application called CarkParkIt found at http://carparkit.com.au. A reference to use of the Interface also refers to use of the Content.
Non Excludable Condition, Non Excludable Conditions
means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
has the meaning given to that term in the Privacy Act 1988 (Cth).
means any Content that User uploads to the Interface.
means the terms and conditions set out in this document.
Third Party, Third Parties
means third party businesses, people and websites.
means the end user of the Interface (User) entering into the Terms. Where the word "user" is not capitalised it refers to users of the Interface in general, rather than to the end user entering into this agreement.
means you, the user, or the entity that you are signing for, known in this document as the User.