Host Park Terms and Conditions: Host

 

What are these Terms About

These terms and conditions govern the online listing of car park spaces on the ParkMate App.  Host Park is a platform within the ParkMate App which allows a Car park Site proprietor to host private car parks for online use by Customers.

Please read these terms and conditions before you use Host Park.

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

These terms and conditions are the terms on which access to the Host Park service is provided. By registering with Host Park you accept these terms and conditions. If you do not accept these terms and conditions, you must not use this service.

We can change these terms and conditions at any time. It is your responsibility to be familiar with our terms at all times.

Host Park Terms – Online Listings

 Becoming a registered Host is free and forms a legally binding contract between you and us on these terms and conditions. You must become a registered Host before you can use the Host Park service.

Once registered you may use the ParkMate App to list your Host Site for use by Customers.

You authorise ParkMate as your agent, to act in relation to your Host Park listings as follows:

·        To take online Customer bookings of car park spaces at your Host Site.

·        To issue Electronic Passes for parking Sessions.

·        To manage parking Sessions.

·        To receive payments using an electronic payment facility.

·        To deduct the Host Park service fees plus GST and pay the remaining balance to your nominated bank account.

It is your responsibility to ensure the availability of car park spaces at your Host Site and the accuracy of all information in your Host Park listing. You will not post any material in a listing which is misleading or deceptive or hold out that car park spaces are available at your Host Site when they are not, or their usage is restricted (other than as properly described in your listing on the ParkMate App).

ParkMate does not guarantee that car park spaces listed with Host Park will be booked or used by Customers.

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

Becoming a Registered Host

You will need to provide some information to ParkMate to allow us to identify you and to make payments to you from parking Sessions. 

You warrant to ParkMate and to the Customers of Host Park that you are the legal owner or lessee of the Host Site(s) offered to Customers via ParkMate, and that offering the Host Site(s) to Customers will not breach the rights of any third party.

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

Appointment as an Agent

You appoint us as your agent to form binding agreements between you and Customers using the ParkMate App.

The terms of each Customer agreement will incorporate:

·        Our ParkMate Terms and Conditions: Customer (which you can access from the ParkMate App).

·        Your Host Park listing.

·        The terms and conditions appearing on any sign or noticeboard at the Host Site.

If there is a conflict, then the sources listed will take precedence in the order in which they appear.

You may not incorporate any additional terms other than the restrictions clearly included in your listing. You will not propose to the Customer any additional terms or amendments after a booking has been made, without our consent.

You authorise ParkMate to act as your agent for enforcing the Customer agreements, including arranging towing where appropriate and charging administration and overstay fees.

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 Host Park. 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 Host Park 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.

Breach

Without limiting any other rights and remedies available to us, we may without prior notice, limit your use of Host Park or terminate your membership or refuse to provide our services to you if in our reasonable opinion you have breached these terms and conditions.

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

Closing your Account

You may close your Host Park account at any time using the ParkMate App. 

Once disabled your 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 HostPark@ParkMate.co.nz

Service Fee(s)

We will deduct our fees for the use of Host Park at source from each parking transaction. The Host Park fees are calculated on total receipts from Customers, and a net fee is paid on each parking transaction.

Where a Customer payment is dishonoured or reversed, or where ParkMate refunds any amount paid by a Customer, ParkMate will deduct the amount of refund, reversal or dishonour from the net amount paid to the Host.

You will not charge any additional amounts to, or accept any payments directly from any Customer.

You are responsible for your own taxation obligations in relation to any payments received through Host Park, including without limitation, GST and Income tax.

The current standard Host Park fees are set as follows:

·        20% of the parking value paid for a car park space and;

·        50c per paid parking transaction. 

The above fees may vary from standard when a management arrangement exists between us.

The standard fees set out above may also change from time to time and at our sole discretion. Any change to standard fees will be communicated to you no less than 30 days prior to the change via email.

Monthly Payment to the Host

ParkMate will deposit the net fees paid by Customers and received by us after deduction of the Host Park fees, to your nominated bank account on the 15th of each month following or the next business day if the 15th falls on a weekend or public holiday.

Host Park Transactions

Host Park financial transactions are available to view through the transaction tab of the ParkMate App.  A transaction summary with an invoice will be provided at each period end identifying each transaction and fees deducted.  This will be sent to you automatically at the end of each payment period.

If you are GST registered, relevant information will be provided in our transaction summary and invoice at each payment period to enable you to file your GST returns. We will provide a GST invoice on your behalf to Customers. You must not separately provide any Customer with a tax invoice for parking services.

Host Park Refunds

You can request a refund for a Customer by emailing HostPark@ParkMate.co.nz , who will review and process the refund if approved.  An email of the refund request being accepted or declined will be advised by return email.  ParkMate expect the time-frame for refunds to be completed within 3 working days.

You must request any refunds within 5 days of the period end (end of month) in order for it to be accepted. This is to ensure these are processed within the period in which the refund relates.

A Customer may request a refund direct to ParkMate. In this case ParkMate will contact the Host for clarification of the refund request, prior to a refund being made.

Advertising

ParkMate reserves the right to advertise incentives, offers, promotions and sponsorship for ParkMate and third-party retailers, business or service providers within the App.

ParkMate reserves the right to offer premium in-app advertising free options.

All advertising will be reviewed against ParkMate Advertising Policies which can be found on the website.

Subletting

No car park space may be offered through the ParkMate App if you are using or leasing it through another parking operator or if it is located on rental property or land not owned by you, unless their terms and conditions allow such subletting and all necessary consents have been obtained.  This means that if a Host Site or car park space is on a term contract with another parking operator, the Host Site or car park space cannot be made available through Host Park.

In all cases where ParkMate discovers that you have or may have sublet a car park space, ParkMate reserves the right to suspend the Host Site.  ParkMate will communicate with you to assist in this determination as whether or not to allow the continuation of a sublet if one is found or advised by other parties.

Host Messaging with the Customer

A Host can message a Customer prior and during a parking Session to make enquiries as to the Host Site or car park space. ParkMate takes no responsibility for the content between the Customer and the Host.  Messages from the Host 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 the ability of the Host to continue using Host Park or ParkMate services.

Health and Safety

You agree to take all practicable steps to ensure that any Host Site is safe and secure and that any hazards in the Host Site have been eliminated, isolated or mitigated to the greatest extent possible.

Changes to the App and/or Website

ParkMate, will from time to time make improvements to and release updates for both the website and the ParkMate App.

We will use all reasonable steps to ensure that appropriate systems are in place to reduce outages and problems to the Customer or the Host.

Host Enforcement options

ParkMate is not responsible for enforcement services at a Host Site.

You must ensure that appropriate signage is correctly displayed and visible to Customers upon entering a Host Site.

ParkMate can offer enforcement services to you using third parties selected by us. You should refer to our Host Enforcement Terms and Conditions. 

Privacy

ParkMate collects information about you and the Host Site 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 the 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 join us on social media or contact us with questions regarding support.

We may also collect information about the Host Site, including your description of the car park spaces, photo images and imbedded data such as location and device information; and you will need to give us financial information such as your bank account details which will enable us to make payments to you using our services.

If you don’t want to supply us the information you don’t have to, but that might mean we cannot supply parts 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 location. 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, to report to you by using the data collected and displayed through the web or App and at period end to settle transactions associated to the Host.

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.

ParkMate may use information in the course of its business to market Host Sites and this information may be supplied to third party marketing agencies.

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 partners. We will ensure that these parties will use your personal information consistently with these privacy terms.

 

Disclaimer

You expressly understand and agree that you use Host Park at your own risk.

While ParkMate and its partners and suppliers have taken all reasonable steps 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 ParkMate Hosts 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 a Customer.

Liability

We will endeavour to make Host Park available to you, but we cannot guarantee that the service will be fault free or that the service will be running and available 100% of the allowable 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. 

Notwithstanding any other term of this agreement, you agree that, to the maximum extent permitted by law, any and all liability and responsibility 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 ParkMate App, any ParkMate Customer act or omission, or your use of or inability to use, Host Park, 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 Host Park you agree to 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:

·        Any claim made by a Customer in relation to their use of a car park at your Host Site under a contract formed by us as your agent.

·        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.

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 1993, 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:

“car park space” means the car park provided by you at the Host Site;

"Customer" means a person who uses a car park space provided by you and facilitated by the ParkMate App;

“Host” means you as a supplier of parking facilities managed through ParkMate;

“Host Park” means the service provided within the ParkMate App that allows Hosts to list a car park space for Customers to use;

“Host Site” means the location of the parking site provided by the Host;

"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 the Customer and the Host;

“ParkMate App” means the device or website application designed and offered by ParkMate for the online listing and booking of parking spaces at Host Sites;

“Session” means either a pre-paid or post-paid session using the ParkMate App by which a car park space can be booked and used at a Host Site based on a start time and expiry time;

"transaction 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;

"we", "us" and "our" are a reference to ParkMate Limited, together with its employees, agents and independent contractors;

"website" means the URL address myaccount.ParkMate.co.nz;

"you" and "your" are a reference to you.