PLEASE READ THESE SMARTPARKING APP TERMS AND CONDTIONS OF USE CAREFULLY.
These SmartParking App Terms and Conditions of Use (Terms) set out the terms and conditions upon which Smart Parking Limited (we or our or us) makes available to you the SmartParking mobile application (App) and the parking, payment and other services available on the App (Services). By accessing or using the App or any Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App or the Services.
These Terms expressly supersede any and all prior agreements or arrangements with you regarding your use of or access to the App or Services.
We grant to you a non-exclusive, non-transferable and non-sublicensable licence to:
access and use the App and Services; and
access and use any content made available through the App,
in connection with your locating and (where applicable) paying for vehicle parking, and in each case solely for your personal, non-commercial use.
The App and Services are only available to persons who are 18 years of age or over and who can form legally binding contracts under applicable law.
To use the App and Services, you may be required to provide us with an email address or to establish a user account with us.
You are responsible for keeping your user login information, including any user account name and password issued to you, secret and secure. You must not permit any other person to use your log-in information. You must immediately notify us of any unauthorised use of your login information.
You are responsible for making sure that your user login details are kept up to date and are accurate. We are not responsible for any loss, damage, cost or expense arising as a result of any failure by you to keep your user login details up to date, or as a result of any inaccurate information provided by you.
You must not do or attempt to do any of the following things:
use the App or Service in any unlawful manner or for any unlawful purpose;
damage, disable, interfere with or harm the App or Services, or any network or system underlying or connected to the App or Services, in any way whatsoever;
modify, adapt, translate, reverse engineer or decompile any part of the App or Services, or any software comprising or underlying the App or Services, or in any manner attempt to derive the source code of any such software;
use any robot, spider, site search/retrieval application, or other device or technological process to retrieve or index any portion of the App or Services, except as expressly authorised by us in writing; or
encourage, assist or direct any other person to do any of the things set out in paragraphs (a) to (d) above.
If you do any of these things, you will be responsible to us for any losses, damages, costs or expenses incurred or suffered by us as a result.
You acknowledge that:
the App and Services are of significant commercial value to us and our licensors;
all copyright, trade marks, database rights and other intellectual property rights in the App and Services are owned by us or our third party licensors. These include the trade mark SMARTPARK and any vehicle parking provider’s trade marks that may be displayed on the App. You will not in any way question or dispute the ownership by us or our third party licensors of such intellectual property rights; and
except as expressly stated in these Terms, no right or licence is granted to you in relation to the App or Services.
You must not:
copy any of the content appearing on the App unless expressly permitted by us to do so;
compile or extract any of the content appearing on the App for the purpose of making such content available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
use any proprietary trade mark of us or our licensors in a manner that is reasonably considered by us or our licensors to be a misuse or appropriation of that trade mark.
To access and use the App and Services, you will need a compatible mobile device and operating systems, and internet access. It is your responsibility to ensure that your software, hardware and systems are able to operate with the App and Services, and meet any minimum specifications that may be notified by us to you from time to time. We do not guarantee that the App or Services will function on any particular hardware or devices.
All charges for vehicle parking via the Services (Charges) are facilitated through a third-party payment processing service provider. We currently use Braintree, a subsidiary of PayPal, Inc., but we may replace our third-party payment processing service provider without notice to you. The third-party payment processing service provider will capture and store transaction details (i.e. vehicle number plate and credit card details) to enable the payment to be processed and the parking fee to be charged to the correct vehicle. We do not hold or store any credit card information.
All Charges are final and non-refundable.
All Charges are payable in the applicable currency specified on the App for the relevant vehicle parking space, and are inclusive of any applicable sales taxes, value added taxes or goods and services taxes.
YOU MUST TAKE ALL NECESSARY PRECAUTIONS FOR SAFE DRIVING WHEN USING OR ACCESSING THE APP OR SERVICES. YOU MUST NOT USE OR INTERACT WITH THE APP OR SERVICES IN ANY WAY WHILE YOU ARE DRIVING. IF YOU WISH TO USE THE APP OR SERVICES TO CHECK THE AVAILABILITY OF A PARKING SPACE WHILE YOU ARE DRIVING, YOU MUST STOP SOMEWHERE THAT IS SAFE AND LEGAL BEFORE DOING SO. WE ARE NOT RESPONSIBLE FOR YOUR CONDUCT WHILE YOU ARE DRIVING.
WE PROVIDE A SERVICE THAT ASSISTS USERS TO FIND AND PAY FOR VEHICLE PARKING SPACES, BUT THOSE VEHICLE PARKING SPACES ARE PROVIDED BY THIRD PARTIES, AND WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY PERSON ON ANY PREMISES WHERE ANY VEHICLE PARKING SPACE IS LOCATED. NOR ARE WE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS, VEHICLES OR PROPERTY THAT MAY BE SUFFERED AS A RESULT OF ANY USER’S DECISION TO CHOOSE ANY VEHICLE PARKING SPACE OR TO ENTER ANY PREMISES WHERE ANY VEHICLE PARKING SPACE IS LOCATED. USERS MUST USE THEIR OWN JUDGEMENT AND COMMON SENSE AS TO THE SUITABILITY OF ANY VEHICLE PARKING SPACE, AND MUST FOLLOW ANY APPLICABLE PARKING AND ACCESS RULES AND REGULATIONS AT THE PREMISES WHERE THE VEHICLE PARKING SPACE IS LOCATED.
WE DO NOT GIVE ANY WARRANTY, REPRESENTATION OR UNDERTAKING THAT ANY PARKING INFORMATION PROVIDED VIA THE APP OR SERVICES WILL BE ACCURATE, COMPLETE OR UP-TO-DATE. SUCH INFORMATION MAY BE PROVIDED TO US BY THIRD PARTIES, AND WE HAVE NO CONTROL OVER THE QUALITY OF THE INFORMATION THEY PROVIDE TO US.
THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NO WARRANTY OR REPRESENTATION IS GIVEN THAT THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY BUGS, ERRORS, DEFECTS OR OUTAGES WITHIN THE APP OR SERVICES WILL BE RESPONDED TO OR RESOLVED WITHIN ANY PARTICULAR TIMEFRAME. THERE MAY BE OCCASIONS WHERE SOME OR ALL OF THE SERVICES ARE UNAVAILABLE, FOR EXAMPLE TO PERMIT MAINTENANCE, OR DUE TO UNEXPECTED OR UNCONTROLLABLE OUTAGES.
IN NO EVENT WILL WE BE LIABLE (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR IN ANY OTHER WAY) TO YOU FOR:
LOSS OF REVENUE OR PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR OPPORTUNITY, LOSS OF PRODUCTION, LOSS OR CORRUPTION OF DATA OR WASTED MANAGEMENT OR STAFF TIME; OR
LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER THAT IS INDIRECT, CONSEQUENTIAL, OR OF A SPECIAL NATURE,
ARISING DIRECTLY OR INDIRECTLY FROM THE APP OR SERVICES OR THESE TERMS, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, COST OR EXPENSE, AND EVEN IF SUCH LOSS, DAMAGE, COST OR EXPENSE WAS REASONABLY FORESEEABLE BY US.
OUR MAXIMUM LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR IN ANY OTHER WAY) ARISING OUT OF ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO THE APP OR SERVICES, WILL NOT IN ANY CIRCUMSTANCES EXCEED IN AGGREGATE NZ$50.00.
NONE OF THE EXCLUSIONS OR LIMITATIONS SET OUT IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCUDED OR RESTRICTED IN THE RELEVANT JURISDICTION, OR ANY OTHER FORM OF LIABILITY THAT CANNOT BE SO LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IN PARTICULAR, CONSUMER PROTECTION LAWS IN SOME COUNTRIES (INCLUDING THE CONSUMER GUARANTEES ACT 1993 (NZ) AND THE AUSTRALIAN CONSUMER LAW) MAY GIVE CONSUMERS RIGHTS AND REMEDIES IN RELATION TO THE SUPPLY OF GOODS OR SERVICES THAT CANNOT BE LIMITED OR EXCLUDED, AND WE DO NOT SEEK TO LIMIT OR EXCLUDE SUCH RIGHTS OR REMEDIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES THAT MAY ARISE AS A RESULT OF ANY BREACH BY YOU OF ANY OF THESE TERMS.
We may cancel or suspend your access to or use of the App or Services at any time and for any reason. We may also cease to generally offer the App or Services at any time and for any reason.
We may amend or revise these Terms from time to time. Notice of any such amendments or revisions will be announced via the App or our website, or may be notified to you by way of email. Any such amendments or revised version of these Terms will be effective immediately, unless we state otherwise. Your continued use of the App or Services after any such notice will constitute your acceptance of any amendments or revisions to these Terms.
These Terms embody the entire agreement of the parties in relation to the subject matter of these Terms and supersede all prior understandings, communications and representations between the parties, whether oral or written. The parties acknowledge that they do not rely on any representation, agreement, term or condition that is not set out in these Terms.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms, without first obtaining our written consent.
These Terms will be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.