ParkMate Terms and Conditions: Customer Sign-on

What are these terms about

These terms and conditions govern the online booking and use of a car park space using 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 any sign or noticeboard at the car park. There may also be special conditions appearing in the ParkMate App listing for a car park. If there is a conflict, then these terms and conditions will take precedence, followed by any special listing terms and then by terms appearing on signs and noticeboards at the car park.

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

The contracts formed using the ParkMate App are effective from the time you make an online booking or the moment that you drive your vehicle into the selected car park, whichever occurs first. They apply 24 hours a day, 7 days a week whether or not the car park is 24/7. You also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.

ParkMate Terms – Online Bookings

This part of these terms and conditions forms a contract between you and ParkMate for the use of the ParkMate App.

You may use the ParkMate App to purchase an Electronic Pass for a parking Session at the car park. On acknowledgement of payment, ParkMate will arrange and manage the Session.

ParkMate is the agent of the car park proprietor to receive your parking fees using an electronic payment facility and has the authority to issue an Electronic Pass for a parking Session at the car park.

The Electronic Pass is valid for the entire duration of the vehicle's parking Session.  No ticket is issued and the Electronic Pass continues as an active Session displayed within the App.

·        It is your responsibility to ensure an active Session is operational and showing on your device while the vehicle is using the carpark space at the car park.

·        It is your responsibility to monitor your parking Session and leave by the appropriate time.

·        You will receive messages prior to a Session end time if you have these notifications turned on for the device.

·        If you have selected a post-pay product, where you start your parking and are required to stop the parking using the ParkMate App, you need to ensure that:

o   You stop your parking on leaving the car park;

o   You stop your parking and leave prior to the booked end time

o   You stop your parking and leave prior to closing time if the car park availability is not 24/7.

 

You must not park at a car park using the ParkMate App if:

·        Your payment is declined;

·        You knowingly do not have sufficient funds to pay for a post-pay product; or

·        You believe the site is unsafe.

ParkMate will use its reasonable endeavours to ensure that its car park listings are accurate, but it does not guarantee the availability of carpark spaces at any particular car park or the accuracy of listing information. These are the sole responsibilities of the car park proprietor.

ParkMate and its assigns, own all proprietary and intellectual property rights of the ParkMate App and 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 ParkMate App or website; or commercialise, copy, or on-sell any information, or items obtained from any part of the service or website.

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

Car Park Terms – Electronic Pass to use a Parking Space

This part of these terms and conditions forms a contract between you and the car park proprietor relating to the use of a carpark space at a car park.

When you purchase an Electronic Pass, the car park proprietor through its agent ParkMate, will grant you the right to use a carpark space at the car park. It is your responsibility to correctly identify your vehicle, select the right car park and parking product and manage the duration of the parking Session.

The following terms govern your use of the carpark space at the car park:

 

General parking:

·        A pre-booked bay is a bay at the car park which has been booked for your use. If you have pre-booked a bay, then you must use that bay.

·        An unreserved bay is an unallocated bay at the car park which has been reserved for your use. If you have booked an unreserved bay, then you may use any of the bays within the area available for unreserved parking.

·        There is no guarantee that a pre-booked or unreserved bay will be available on your arrival.

·        You must not sublet or transfer your booking to any other person or vehicle.

·        You may amend or cancel a booking through the ParkMate App. There may be a minimum charge even if you cancel a booking.

 

Long term parking:

·        All long term parking is unreserved unless otherwise stated.

·        The car park proprietor has the right to permanently substitute any long term bay(s) designated for your use by giving you one month's notice in writing.

You agree with the car park proprietor:

·        To comply with all rules or directions displayed in the car park from time to time and with all relevant laws.

·        Not to obstruct other persons or vehicles using the car park, nor abandon the vehicle.

·        Not to park in any area marked "reserved" unless you possess a legal licence or lease to do so, or in any area marked "no parking", or outside of the line-marked parking bays.

·        Not to park in a mobility bay without a current mobility window pass.

·        Not to park in any bay unless you have an Electronic Pass issued by ParkMate.

·        That the vehicle you are parking must have a current warrant of fitness and registration, be roadworthy, and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons or the car park.

·        That the car park proprietor may temporarily allocate a substitute bay if one is unavailable (including as a result of unauthorised use by another person). Any substitute bay may be in the car park or in another nearby parking site.

The car park proprietor will assist with any parking issue if one occurs. If there are no bays available, please contact the car park proprietor.

 

Breach Notice:

·        If your Session has expired or you are in breach of the above terms, you agree you have breached these conditions and are parking unlawfully and without authority and may be issued a notice requiring you to pay within 21 days $65.00, being liquidated damages for the cost of enforcing the conditions of the car park.

·        If you are issued a notice and you do not pay the sum specified within 21 days of date of issue, then we will send a reminder notice, and you agree to pay the further sum of $20.00 being an estimate of our further administrative costs.

·        If you are issued a reminder notice and you do not pay the sum specified therein within 7 days of the date of the reminder notice, you agree that:

o   We may use a debt collection agency to enforce payment of the money owing by you and the cost of the said debt collection; and

o   You are liable for full solicitor/client costs incurred by us in enforcing payment of the money owing by you.

 

Towing:

If you contravene any of the above terms, you agree that we may remove your vehicle by having it towed at your risk and expense, and we may hold the vehicle until all outstanding debt has been paid, this to be in addition to or as an alternative to issuing a notice. If we have your vehicle towed, you agree that the vehicle will be released only upon payment of the release fee from the towing company and payment of any outstanding debt owed by you to us. 

 

Payment Dishonour:

If your credit-card transaction is declined or dishonours, we reserve the right to re-process the transaction at a later date and to charge an additional fee of $20 in respect of our administrative costs in doing so.

General Terms and Limitations

This part of these terms and conditions apply to any contract between you and ParkMate and between you and the car park proprietor, relating to the use of the ParkMate App and to the booking and use of a carpark space at a car park.

·        You are liable for any damage to the car park caused by you or your vehicle.

·        The vehicle will remain solely at your risk while it is at the car park.

·        ParkMate and the car park proprietor cannot guarantee the security of your vehicle or its contents.

·        Except as provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, the liability of ParkMate and the car park proprietor for any claim by you or any other person, including (but not limited to) any claim for loss or damage to your vehicle or any other vehicle OR for loss or damage to the contents of your or any other vehicle OR resulting from using the ParkMate App or the car park or being unable to use the ParkMate App or the car park OR for negligence OR for personal injury OR otherwise, will be limited to providing a refund of the amount paid by you for the Electronic Pass which relates to the service giving rise to the liability.

·        We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorised to accept any of your possessions for safe custody, except the keys to your vehicle where possession is taken at our request.

·        You agree to indemnify us in respect of any claim made against us arising from your use of the ParkMate App or the car park or the use of the car park by anyone else acting on your instructions or under your authority.

Miscellaneous:

·        You must provide us with your full name and address if asked by us. You agree that we may obtain the name and address of the owner of the vehicle from the motor vehicle register and pass this information to third parties for the purposes of debt recovery in accordance with these conditions.

·        Any private information which you give to us or we collect about you from a third party including your name, address, contact details, credit card and number plate information may be used for the purposes of providing the services herein, to identify you entering and leaving the car park and for our internal planning and business purposes. We may also use anonymised and generic information regarding your use of the ParkMate App and the car park to undertake research on service patterns and to promote our business.

·        If we fail to act or pursue any right or remedy available to us, this will not in any way prejudice our right to exercise that or any other right or remedy.

·        No one is authorised to amend these conditions or make representations on our behalf.

·        We may use automatic number plate recognition at the car park to monitor compliance with these conditions. If requested, you must provide us with your vehicle number plate details when obtaining your electronic payment.

·        We may use visual and audio surveillance and recording equipment in and around this car park for the purpose of protecting our lawful interests, and for protecting the safety and security of our employees, agents and contractors, and our customers.

Dictionary:

To avoid any confusion as to the meaning of these conditions:

·        “Customer” means a person who uses a carpark space provided by the car park proprietor and facilitated by the ParkMate App;

·        "claim" includes any claim for damage, loss or compensation; and any demand, remedy, liability or action;

·        "damage" includes direct, indirect, consequential and special damage;

·        “Electronic Pass” means a valid active Session for a carpark space at a car park, operating through the ParkMate App;

·        “Car Park” means the location of the parking site provided by the car park Site proprietor;

·        “car park proprietor” means the supplier of parking facilities managed through ParkMate;

·        "notice" means Parking Enforcement Breach Notice;

·        "outstanding debt" includes previous unpaid parking fees and/or unpaid notices;

·        “ParkMate App” means the device or website application designed and offered by ParkMate for the online listing and booking of parking space at car parks;

·        “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 car park based on a start time and expiry time;

·        "vehicle" includes its accessories and contents;

·        "we" and "us" means ParkMate Limited is respect of the ParkMate App and the car park proprietor identified in the ParkMate App in respect of the car park, together with their employees, agents and independent contractors;

·        "you" includes both the driver and the owner of a vehicle entering the car park; and

·        "your vehicle" means the vehicle which you are driving, regardless of whether it is owned by you.

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