In these terms and conditions, unless the context requires otherwise:
1.1 Fees means the charges levied by a Service Provider and paid through the Payment Facility together with any transaction fee payable to us as notified in advance;
1.2 Our website means the website at www.cashlessparking.com.au;
1.3 Members Area means the section of our website clearly marked as such;
1.4 Payment Facility means our electronic payment facility, which enables you to charge your parking Fees to your credit card;
1.5 Premium Service means either the Clockon/Clockoff feature or the Reminder SMS service.;
1.6 Reminder SMS Service means the option of having an SMS sent to the customer to warn them 10 minutes before their parking expires;
1.7 Service Provider means a provider of parking facilities who permits you to pay for your parking through our Payment Facility;
1.8 We, us and our means iPark Australia Pty. Limited, ACN 103 300 616;
1.9 You means you, the customer and anyone you authorise to use your account, and
1.10 Clockon/Clockoff Feature means the service that allows the customer to start and end their parking transaction either by SMS or via our Website.
2. The Payment Facility
2.1 We operate the Payment Facility to enable customers to park both on street and off street with participating Service Providers by paying the Fees using the Payment Facility;
2.2 On you paying us the Fees in accordance with this Agreement, we will use reasonable endeavours to notify the relevant Service Provider of our receipt of your payment;
2.3 We are not liable for any failure of the Service Provider or any other third party in the supply of parking to you. You must address concerns or disputes concerning parking supplied or not supplied directly with the relevant Service Provider;
2.4 You acknowledge that we will receive a commission with respect to payments made through the Payment Facility;
2.5 Following registration with us, you will be provided with access to information related to your subsequent transactions in the Members Area on our website;
2.6 You agree that:
(a) we do not supply, and take no responsibility for, the parking facilities and services supplied by a Service Provider and you release and indemnify us from all liability in connection with any such parking facilities and services;
(b) we only operate the Payment Facility as a service to facilitate payment of the Fees by you to the Service Provider;
(c) the terms and conditions for parking supplied by a Service Provider are an agreement between you and the Service Provider and are not binding on us;
(d) you are responsible for ensuring that you have sufficient credit in your iPark account to pay for any transaction and can meet your obligations for your mobile phone account when due and if not, to make other arrangements for payment to the Service Provider;
(e) councils change parking rates from time to time, iPark will endeavour to communicate any such changes via the news page on the website;
(g) you are responsible for all telecommunications charges associated with your access to the Payment Facility and our website;
(h) you must comply with any instructions or guidelines given to you by us in relation to the use of the Payment Facility;
(i) if you have not used your account for a period of 3 years then we have have the right to cancel your account without notice;
(j) you are responsible for the accuracy of your account details, if you record your details incorrectly or fail to update your details when required then we will not accept any infringement that may arise;
(k) you must comply with all relevant laws; and
(l) if the Payment Facility is unavailable, fails to acknowledge payment or fails to notify you that an additional payment is required, for any reason, our only liability to you will be a refund of any payment received but not acknowledged and you must make other arrangements for making payment to the relevant Service Provider.
2.7 You authorise us to debit your credit card and you have requested that we use that credit card for any subsequent transactions. This credit card can be changed either by calling iPark or visiting our website. IPark will endeavour to send an SMS message notifying you of debit failures to the mobile number used to access our service.
2.8 All SMS messages sent by us are not guaranteed by us, as our Telecommunication service providers do not guarantee delivery. All messages are sent with reasonable endeavour.
3. Payment of Fees
3.1 In providing this service to you we incur certain costs and expenses and you agree to contribute to these costs on the following basis;
(a) Registration with iPark is free;
(b) A processing fee of 40c in Brisbane is charged when using the service;
(c) A Premium service fee of 25c in Brisbane is charged when using the reminder SMS or SMS Clockon/Clockoff services. These services are optional and the fee covers the cost of the extra SMS involved.
3.2 The Fees are incurred at the time of using the parking service and will be charged to your credit card along with your council parking fees;
3.3 You authorise us to charge you the Fees using the payment method you select and you acknowledge and agree that you are bound by the terms and conditions of your agreement with us or your mobile phone account provider with respect to any Fees charged to your account with us or your mobile phone account and that the Fees will appear on your account with us by accessing the members area on our website or on your mobile phone service provider's account;
3.4 You accept liability for all Fees charged by us where those Fees have been authorised using your mobile phone caller line identification number for your on street parking transactions;
3.5 If you wish to dispute any Fees you must notify us within 7 days of the disputed date of your parking and the Fees in dispute;
3.6 In this clause, "GST" means the tax imposed by The "A New Tax System" (Goods and Services Tax) Act 1999(Cth) and related imposition Acts of the Commonwealth;
3.7 If GST is imposed on any supply made by us under this Agreement, you must pay, in addition to any Fees (unless those fees already expressly include GST), an additional amount equivalent to the GST which is payable, at the time the Fees are payable; and
3.8 A further American Express or Diners Club Surcharge is payable of 2.5% when using these cards to pay for parking; and
3.9 There is a minimum fee of $1.00 for credit card transactions and it may be necessary for the Payment Facility to round up your transactions to meet this requirement.
4.3 You may contact us if you wish to gain access to your personal information.
5.1 The only terms implied into these terms and conditions are those that cannot be lawfully excluded. To the fullest extent permitted by law, our liability for breach of any such terms (other than section 69 of the Trade Practices Act) will be limited to a credit for the cost of the parking transaction which will appear on your account with us.
5.2 Subject to clauses 2.6(h), 5.1 and 7.1, to the maximum extent permitted by law, our liability to you for all loss or damage suffered or incurred by you arising out of or in connection with this Agreement (including all loss arising from any breach of contract, our negligence or any breach of statute) is limited as follows:
(a) We will not be liable to you for any indirect or consequential loss (including loss or corruption of data, loss caused by delay, fines, penalties or loss of profit); and
(b) Our liability to you for direct loss or damage suffered or incurred by you arising from any act or omission or series of connected acts or omissions ("Event") will be limited to the Fees paid by you in respect of the transaction relating to that Event.
(c) And we will not otherwise have any liability to you whatsoever in connection with our relationship.
5.3 You acknowledge that you have not relied on any representations made by us which are not set out in these terms and conditions.
6. Suspension and Termination
6.1 We may suspend the Payment Facility or your use of the Payment Facility at any time without cause.
6.2 Either of us may terminate these terms and conditions:
(a) on 7 days written notice; or
(b) immediately if the other is in material breach of these terms and conditions or if the other becomes or is in jeopardy of becoming subject to any form of insolvency, administration (including receivership, administration or liquidation). Without prejudice to our other rights, you will immediately pay us any amounts owed to us on termination.
6.3 Any termination of these terms and conditions is without prejudice to any rights or remedies accrued to the parties.
7.1 We will not be liable to you for any non performance of our obligations under this Agreement where that non performance results from matters beyond our reasonable control.
7.2 Time will not be of the essence and we are not liable to you for any delays which occur in the completion of a parking transaction or our inability to complete a parking transaction within a particular time.
7.3 Any waiver of a right under these terms and conditions must be in writing.A delay in exercising a right or a partial exercise of a right is not a waiver of any part of that right.
7.4 We may assign this Agreement without your consent. You may not assign this Agreement.
7.5 These terms and conditions and the accompanying application form contain the entire agreement between us and you agree that you have not relied on any representation not contained in these terms and conditions when entering into this Agreement.
7.6 These terms and conditions may be varied by us posting an amended copy of this Agreement on our website. The latest version of this Agreement is also available on request by emailing firstname.lastname@example.org.
7.7 These terms and conditions are governed by, and must be construed in accordance with the laws of the State of Western Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia.
7.8 We may send correspondence to you (including notices) to your email address, where provided or via SMS from time to time. You may send correspondence to us via mail or email to email@example.com, this correspondence:
(a) through our website will be deemed to be received on your receipt of a confirmation email;
(b) by email will be deemed to have been received 1 hour after posting unless we become aware of any delay or failure in delivery within 24 hours of sending; and
(c) by post will be deemed to be received 2 business days after posting.
8. Contact Information.
If you have any questions about these terms and conditions or our web site, please feel free to contact us at firstname.lastname@example.org.
iPark Australia Pty Ltd
Tel: 1300 727 513