ParkMate Terms and Conditions: Customer Sign-on

What these Terms are About:

These terms and conditions govern your signing-on to use the ParkMate App.

 Please read these terms and conditions before you use the ParkMate app.

 You should refer to the dictionary below for the definition of words and expressions used in these terms and conditions.

 These terms and conditions must be read together with the “ParkMate Terms and Conditions: Customer Parking” which are applicable when you use the ParkMate App to book a carpark space. If there is a conflict, then the “ParkMate Terms and Conditions: Customer Parking” will take precedence.

 We can change these terms and conditions at any time. By using the ParkMate Service after we have published a revision on the ParkMate app or website, you agree to be bound by the revised terms and conditions. It is your responsibility to be familiar with our terms at all times.

 By registering with ParkMate you accept these terms and conditions. If you do not accept these terms and conditions, you must not use ParkMate.

ParkMate Terms - Registration:

Becoming a registered customer of ParkMate is free and forms a legally binding contract between us. You must become a registered customer before you can use the ParkMate Service.

 Once registered you may use the ParkMate App to purchase Electronic Passes for parking Sessions at a Carpark Site.

 ParkMate’s liability in relation to your use of the ParkMate Service is governed by the general terms and limitations below.

Becoming a Registered Customer:

You will need to provide some information to ParkMate to allow us to identify you and to charge the applicable parking fees. 

 You must not allow other parties to use your ParkMate registration and you will not impersonate other parties in any registration whether or not you know the person or business.

Updating Your Information:

We will provide you with ways in which you can alter, update and add personal data, including your email address, business details, bank details, password and phone number, however the responsibility for updating the information rests solely with you.

Accurate Information:

You warrant that you have provided complete, accurate and current personal information when registering with ParkMate. You must maintain and update your personal or business information held by us to ensure it is kept current at all times. We may contact you to verify these details.

You will not use ParkMate to publish any, misleading, false, offensive, defamatory, fraudulent or illegal information or content.

We reserve the right to remove any content from your listing at our sole discretion.

Closing your Account:

You may close your account at any time using the ParkMate website. 

This is available through the myaccount.parkmate.co.nz.  Once disabled the account information is kept for a period of time where required to meet statutory obligations.  You are free to request from ParkMate details of the information which has been retained by contacting support@parkmate.co.nz

Parking and Transaction Fees:

ParkMate will charge you the parking fees applicable plus a customer or electronic transaction fee each time you make a payment using the ParkMate Service.

When you purchase parking through the ParkMate Service you are authorising Advam to debit your nominated credit/debit card(s).

Parking Fees are inclusive of GST (if any) and in New Zealand Dollars.

Parking Fees may vary from time to time without prior notice.

Refund Requests:

If you believe a refund is due, please email support@parkmate.co.nz, with all relevant information as to why a refund should be considered.

Messaging with the Operator:

You can message the Operator of a Carpark Site prior and during a parking Session to make enquiries as to the Carpark Site or carpark space. ParkMate takes no responsibility for the content between you and the Operator.  Messages from you must be honest, accurate, and not include any derogatory remarks, inflammatory language, misleading or false information, or be offensive.  ParkMate reserves the right to review and delete messages and if necessary to terminate your ability to continue using the ParkMate Services.

Privacy:

ParkMate collects information about you so that we can provide you with our ParkMate Services. If we are not able to collect your personal data we may be unable to provide all the services to you.

Information you provide us directly: When you use the ParkMate App or our website we may ask you for information about you. For example we may ask you for your contact name, username, password, address, phone number and other personal information when you sign up, or respond to an email or joining us on social media and make contact with us with questions regarding support.

If you don’t want to supply us the information you don’t have to, but that might mean we cannot supply part of our services to you.

Information we collect automatically: We also collect certain types of information automatically when you use our ParkMate Services. Such information may include App and web usage data, transaction information such as time, amounts charged and your locations. We may also collect information about how you have used our services, for example if you have used a link to our website, your IP address, access times and device information. We may use cookies and other technologies to collect and store information when you use our services.

Information we get from third parties: We may also obtain information from third parties to help us verify information supplied or processed, for example transactions, social media outlets or marketing agencies.

How we use your data: We may use your personal information to help provide the ParkMate Services to you and others, and to report to you by using the data collected and displayed through the web or App.

You agree that we may also use this information for internal research purposes, to verify your identity, for promoting and marketing our merchants to you and for any other use that you authorise. We may also analyse your information and the information of others (sometimes using third parties) to help improve our services.

Notwithstanding any other provision of this agreement, ParkMate may make non-specific information about its business (e.g. numbers of customers, geographic spread, turnover, transaction types and value etc.) available to prospective investors, bankers and purchasers for due diligence purposes. In the event of the sale of any or all of the ParkMate business, your information will be released to the purchaser for the purpose of continuing the service.

If you don’t believe you have an account or relationship with us, but think that someone has entered your personal data into our systems via the web services or App, you will need to contact ParkMate who will be able to assist and review the situation, though support may not be able to give any information out to you due to the other party’s privacy requirements.  ParkMate will do its utmost to assist and deal with this situation based on current governing law.

Who we disclose your information to:  In order to provide, manage and improve our services, we may need to disclose your personal information to other companies in our group and to our contractors. We will ensure that these parties will use your personal information consistently with these privacy terms.

Breach:

Without limiting any other rights and remedies available to us, we may without prior notice limit your use of the ParkMate Service, terminate your membership, or refuse to provide our services to you if in our opinion you breach these terms and conditions.

ParkMate reserves the right to block anyone from using the ParkMate Service at its sole discretion.

Disclaimer:

You expressly understand and agree that you use the ParkMate Service at your own risk.

While ParkMate and its partners and suppliers have used their reasonable endeavours to ensure that appropriate systems are in place to reduce the risk of credit card abuse and other forms of fraudulent activity, we are not responsible for protecting you and merchants from credit card abuse or other forms of wrongful or fraudulent activity.

ParkMate does not accept any liability for any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of our system.

ParkMate accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

ParkMate accepts no responsibility or liability for any issues which may arise between you and owners of the land or building on which you park.

Liability:

We will endeavour to make the ParkMate Service available to you, but we cannot guarantee that the service will be fault free and or that the service will be running and available 100% of the time. Your access to the system may be restricted due to maintenance or other uncontrollable outages. Such disruptions will not constitute a breach by us of the service provided.

Except as provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, the liability of ParkMate to you or any other person under or in connection with these terms and conditions, or in connection with the ParkMate Service, the website, the App, or your use of or inability to use the ParkMate Service, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity:

By using the ParkMate Service you agree to release and indemnify us and to keep us indemnified from and against all actions, claims, costs (including legal costs and expenses on a full solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you or a merchant to complete a transaction or out of or in connection with your use of the service. This includes loss due to any loss of goodwill or reputation.

Force Majeure:

Without prejudice ParkMate has no liability for any lack of performance, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

Security of Your Information:

You are responsible for keeping your login information, including your username and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your user login information; and not to disclose, or provide to any other person your username, password or any other information in connection with your user identification that may allow them to gain access to your account.

ParkMate regularly reviews the security of its data. ParkMate cannot guarantee data security, but uses its best efforts in securing all data used.

ParkMate does not store user’s credit card details.  This is contained with the bank processor Advam Pty Ltd, the use of the ADVAM Gateway and their processes are PCI DSS Level 1 compliant, the industry’s highest level of certification. Their processes are reviewed annually via an intensive onsite audit that ensures the highest compliance levels are maintained and adhered to.

Intellectual Property Rights:

ParkMate or its assigns, own all proprietary and intellectual property rights of the service and in the website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this service or website; or commercialise, copy, or on sell any information, or items obtained from any part of the service or website.

Consumer Guarantees Act:

Nothing in these terms and conditions will limit the effect of the Consumer Guarantees Act 1995, except to the extent permitted by the Act.

No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Governing Law:

These terms and conditions are governed by the laws of New Zealand. You submit to the non‐exclusive jurisdiction of the Courts of New Zealand.

Dictionary:

In these terms and conditions, the following expressions have the meanings set out:
"Advam" means Advam Pty Limited;
“carpark space” means a car park used by you at the Carpark Site;
“Carpark Site” means the location of the parking site provided by the Operator;
"customer" means a person who is a registered user of the ParkMate Service;
"customer fee" means the $0.50 fee or other value that may or may not be charged by ParkMate to the Customer for the Customer's use of the service;
"merchant" means a business or service provider who accepts payments for its goods and/or services through the ParkMate App;
“Messaging” means a facility to provide a chat service between you and the Operator;
“Operator” means a supplier of parking facilities managed through ParkMate;
“ParkMate” or “ParkMate Service” or “ParkMate App” means an app or web service provided by us for the online listing and booking of parking spaces at Carpark Sites;
“Session” means either a pre-paid or post-paid session using the ParkMate App by which a carpark space can be booked and used at a Carpark Site based on a start time and expiry time;
"we", "us" and "our" are a reference to ParkMate Limited, together with its employees, agents and independent contractors;
"website" means the URL address parkmate.co.nz;
"you" and "your" are a reference to you.

 

Specific Parkmate Terminology of payment

●         Start My Parking
○         Means a Casual or Hourly session that starts a timer clock displaying the length of time the Parker has parked. 
○         Sessions that are not stopped automatically by the App requires the Parker to manually stop the session
○         The Parker must stop the session when they  leave the Car Park if not already stopped.
○         A Parker will be liable for all parking charges post their departure if they forget to stop an active session

●         Prepaid - Product
○         A Product is an offering of parking rights with a known expiry date and time.  Payment is taken at the time of purchase
○         Types of Product Examples
■         Early Bird
■         All Day
■         24 hrs
■         Night
■         1 Week
■         Long Term parking

●         Pre-Booking
○         A booking of a bay in advance of arrival at a car park

●         UnReserved
○         A bay booked as a pre-booking or a long term parking right

●         Long Term
○         Parking greater than 24 hours and may have other restrictions to parking

●         Max Stay
○         Time is limited to a maximum period of parking

●         Closed
○         This means the Car park is closed and no casual parking is available

●         Refund Requests
○         If a Parker believes they are due a refund for parking,

●         Push Notifications
○         Push notifications are to the phone only, advising information pertinent to a Parker’s session

●         Email Receipts and notifications
○         Payment receipts are sent these can be disabled from within the App
○         Email parking session notifications are sent to the registered email address advising a parking session is still running and may need attention by the Parker to stop the active session on their device

●         SMS notifications
○         Used to send reminder notices and or important information as to services