Parker Agreement  |  Cancellation Policy

Owner Agreement

Between the Owner and Parkey Pty Limited ABN 47 610 199 712 (Parkey)

1. What this agreement does

1.1.    The terms and conditions of this agreement apply to all services (Services) provided or arranged by Parkey (us, we or Parkey) to or for you as Owner (you). Some key terms may be in information generated in the booking process
1.2.    This agreement only applies to the provision of Services by us to you. The licensing of your Parking Spot is dealt with under the terms of a separate Parker Agreement that you enter into with each Parker.

2. Amending this agreement

2.1.    We may amend these terms (including the fees we are entitled to) from time to time.  Any amendments or new terms and conditions will be provided to you in advance.
2.2.    You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the Website or Services you will be deemed to have accepted the new terms.

3. Services and listing

3.1.    We may advertise your Parking Spot including on the Website and provide information to Parkers and prospective Parkers who may wish to use the Parking Spot. We may refer to you or your Parking Spot at any time in the future to publicize ourselves or the Website.  
3.2.    You will be required to complete your own listing for the Website.  In your listing you agree to provide all relevant information about the Parking Spot including:
(a)    your List Price;
(b)    the address of the Parking Spot;
(c)    any restrictions on the types of vehicles which can use the Parking Spot;
(d)    any other information (such as about Access Devices) or restrictions which apply to the Parking Spot which a Parker should be aware of before booking the Parking Spot.
3.3.    You are also required to provide us separately with information before we will list the Parking Spot including your name, address and telephone number.  You must provide us with any other information relating to you or the Parking Spot as we may reasonably request at any time and we may also ask you to clarify any information you have provided.
3.4.    You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking.  You may be liable to a Parker under the Parker Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any losses incurred by the Parker as a result of such inaccurate, incomplete or misleading information provided by you.  You indemnify us from any claim by a Parker arising from any such information or omission of information.
3.5.    We reserve the right to conduct a physical inspection of the Parking Spot at any time and may remove your listing if the Parking Spot does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations to us or to any Parker or we otherwise determine that continuing the listing may cause us loss, or damage our reputation or other interests in any way.
3.6.    You must always comply with the terms of use of the Website.

4. Appointment as agent

4.1.    You appoint us as your agent for the purposes of forming binding agreements between you and each Parker to whom you agree to grant a licence to use the Parking Spot. You also appoint us to collect your Parking Fees from the Parker. We will normally tell you only the registration number of the Parker’s vehicle and we are not required to tell you any other details of the identity of the Parker.
4.2.    At the time we confirm the booking a binding agreement will be formed (Parker Agreement) between you and the Parker. The agreement will be on standard terms set out on the Website from time to time and will only include any additional restrictions relating to your Parking Spot if listed by you in accordance with this agreement.  You agree that Parkey can amend the standard terms of the Parker Agreement from time to time.
4.3.    You may not incorporate any additional terms into the Parker Agreement other than the restrictions clearly included in your listing. You agree not without our consent to contact the Parker.  The Parker is not obliged to accept any further terms once we have accepted a booking on your behalf.
4.4.    The Parker Agreement and any additional restrictions included in your listing are a contract between you and the Parker.  We are not a party to that agreement and we will not be liable to you, the Parker or any third party for any breach of the Parker Agreement or otherwise in relation to the Parking Spot or its use by Parkers.  We are not a real estate broker, agent or insurer. We have no control over the conduct of Parkers or Parking Spot Owners and disclaim all liability in this regard.
4.5.    In so far as the Parker Agreement refers to Parkey having rights or discretions you agree that we may apply the Parker Agreement in a manner consistent with those rights and discretions except to the extent inconsistent with this agreement.

5. Bookings

5.1.    The Website will allow you to list the Parking Spot.  The Parking Spot will be treated as available in the times you indicate. It is your responsibility to ensure that you inform us correctly, and by a time we accept as sufficiently in advance, of the dates your Parking Spot will be available for booking.
5.2.    Based on the availability information you have provided to us we will tailor the Website listing for your Parking Spot. If you have not informed us that your Parking Spot is unavailable for a particular date or time then you may be liable to pay the compensation for a Parker who makes a booking for such date and time.
5.3.    You agree that we will manage the entire booking process and you authorize us to accept a booking for an available date and issue and conclude a Parker Agreement without further reference to you. We will take payment from the Parker on your behalf at the time of booking and as set out in this agreement.
5.4.    We may choose to send you an email requesting that you confirm that the Parker for whom we have accepted a booking will have access to the Parking Spot and we may request you to confirm the arrangements for access and to deliver to us or as we direct any Access Device.  If we do not hear from you confirming access within 48 hours of sending an email or if we are not satisfied that access will be readily available we may cancel the parking and we may suggest alternative parking spaces to the Parker.

6. Payment

6.1.    Once we have provisionally accepted a booking on your behalf we will request payment from the Parker and issue a Parker Agreement.  Once we have received the necessary payment from the Parker a booking will be deemed to have been accepted and you will have entered a binding agreement with the Parker to allow the Parker to occupy the Parking Spot during the dates and times (Parking Period) set out in our email confirming a booking (Confirmation Email) subject to the Parker Agreement.  
6.2.    We will confirm a booking to you as soon as practicable.  We are only required to pay to the Owner from amounts actually received from the Parker.

7. Fees

7.1.    You agree to pay us a fee for the Services including use of the Website and acting as your agent in dealing with Parkers.  Fees only arise if there are bookings.  You authorise us to deduct any amount of fee due to us from any amount receivable or received from Parkers.
7.2.    The GST-exclusive fee for Services is calculated as an agreed percentage of Parking Fees.  The percentage is specified on the Website when you list the Parking Spot.  If for any reason the percentage is not specified it is 15%.

8. Payments by Parkers

8.1.    Our standard policy is to collect the first month’s Parking Fees and a security deposit in respect of the Parking Spot at the time the Parker makes their booking and then monthly thereafter.  
8.2.    The Parker must agree to the terms of the Parker Agreement and the required payment must be received in full by us before the booking is confirmed.  
8.3.    We may collect subsequent payments from a Parker on a monthly basis.  
8.4.    You authorize us to accept and hold such payments.  We will remit to you the amount of Parking Fees after deducting any fees due to use under this agreement.  
8.5.    We normally make the first remittance only in the fortnight after the Parking Period has started and subsequent remittances fortnightly thereafter.  We may change the remittance period and frequency.

9. Chargebacks

9.1.    From time to time we may collect payment on your behalf from a Parker which we either have to repay (or decide to repay) to a Parker's credit or debit card provider or which is deducted from a retention we have with our credit card processors (Chargeback). If we are subject to a Chargeback in respect of a booking of your Parking Spot you agree that:
(a)    We will not be under any obligation to make payment to you of any amount which is the subject of a Chargeback and any claim you have for non-payment of Parking Fees will be against the Parker (and we will not be obliged to pursue such claim); and
(b)    if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback (less our fees).
9.2.    In the event of a Chargeback in relation to an amount we have already paid to you we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Parkers for future bookings until we have been reimbursed in full and may use any credit or debit card details you have provided for such purposes.

10. Cancellation and termination of bookings and parking

10.1.    You agree to abide by the cancellation policy as stated on the Website (Cancellation Policy) which may be updated from time to time by us. You agree that if a Parker wishes to cancel a booking they may do so through us and the Website and we will act as your agent in dealing with any cancellation. If we are required to process a cancellation we will do so in accordance with the Cancellation Policy.
10.2.    If we have received any payments in respect of a booking before a Parking Period begins and such booking is subsequently cancelled by you or the Parker you authorize us to refund the Parker from any payments we are holding on your behalf.  Where you have received payments directly you are required to refund those to us for refund to the Parker in accordance with the Cancellation Policy.
10.3.    We reserve the right to cancel your account and terminate this agreement if you do not refund money within the timeframes specified in the Cancellation Policy.  We may also collect payment from the debit or credit card details you have supplied and use these to discharge your liability to a Parker for a cancelled booking.
10.4.    In the event of termination of a booking you must not knowingly grant the Parker a licence to use the Parking Spot within a period of 12 months from the date of termination.
10.5.    Before any Parking Period you must ensure that the Parking Spot is clean tidy and otherwise in a satisfactory condition and is able to meet the requirements of the Parker under the booking.  We may inspect the Parking Spot at any time to check the state of the Parking Spot and to verify any amounts due in accordance with this agreement or the Parker Agreement.
10.6.    You represent and warrant that you own the Parking Spot or that you are authorised to allow third parties to use the Parking Spot and, where necessary, you have permission from your landlord, tenant or strata body (or other persons who control any premises of which the Parking Spot is a part) and all necessary regulatory and planning approvals to do so.  If you are in any doubt you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, strata rules, local laws or any other documents and laws to ensure that you are able to grant a licence to use your Parking Spot in the manner envisaged by this agreement and/or any Parker Agreement.
10.7.    We will not be liable to you, the Parker or any other third party (such as a landlord, tenant, owners corporation (or any other persons who control any premises of which the Parking Spot is a part) or management company) if you do not have the necessary authority referred to in this clause and you agree to indemnify us for any loss we may suffer as a result of your breach of the representation and warranty above.
10.8.    You agree to notify us immediately upon receiving any notice, correspondence or contact in any other form from any governmental authority, landlord or strata body (or other persons who control any premises of which the Parking Spot is a part) in connection with the use of your Parking Spot for purposes envisaged by this agreement and/or the Parker Agreement; and upon request, you agree to provide copies thereof to us. Following such notice from you we reserve the right to terminate this agreement and remove the Parking Spot from the Website.
10.9.    You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Spot on the Website or any performance or attempted performance of any Parker Agreement.  If you do not have the necessary approvals required by this agreement, you agree to indemnify and hold us harmless for any loss we may suffer as a result of your breach of the representation and warranty.

11. Your obligations

11.1.    You must:
(a)    pay us the fees due to us for the Services;
(b)    honour all bookings by Parkers;
(c)    provide your Parking Spot in accordance with the details and information set out in your website listing and make sure you do everything we need to grant the Parker access;
(d)    ensure that all information about you and your Parking Spot that you provide to us for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a Parker or to Parkey;
(e)    do everything we need for us to deal with all Parkers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
(f)    deal with all queries we make relating to a Parking Spot or booking in a prompt and satisfactory manner;
(g)    comply with all applicable laws, Tax requirements and rules and regulations that may apply to the Parking Spot or its supply (including GST) and also comply with zoning and similar laws and laws governing rental of or licences to use or use of all relevant properties;
(h)    use your best endeavours to settle any disputes that may arise during a Parking Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Parker may still obtain the benefit of their booking.
11.2.    You agree that you will not create any false account with Parkey or use your account with Parkey for any immoral or illegal activity.

12. Exclusivity

12.1.    You agree to use Parkey as your sole and exclusive agent for the purposes of making and accepting bookings from Introduced Parkers. For the purposes of this clause an ‘Introduced Parker' means any person who a) has made a booking of your Parking Spot through Parkey; or b) has made an enquiry about your Parking Spot through Parkey (whether or not such person completed a booking); or c) has become aware of you or your address or the address or location of your Parking Spot directly or indirectly as a result of your listing with Parkey; or d) has made you aware of their need for parking through Parkey whether or not in any of the above cases such person completes a booking with you or a third party.
12.2.    If you knowingly allow use of your Parking Spot to an Introduced Parker (or any other person who is responsible for or entitled to drive the same vehicle as an Introduced Parker) for any consideration within a period of 12 months from the end of any Introduced Parker's last Parking Period (if the Introduced Parker makes a booking) or the date on which we introduced the Introduced Parker to you or the Introduced Parker became aware of you or your Parking Spot through Parkey, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this clause including our costs of administration and investigation and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your Parkey balance accordingly.

13. Debit or credit details

13.1.    We may require you to provide us with credit or debit card details to enable us to make payments to you and to deduct any payments you may owe to us or to a Parker.  You must sign or authorise any document we reasonably require to facilitate this.
13.2.    When we pay amounts to you we will do this by bank transfer and you must provide your account details to us for this purpose.

14. Complaints and disputes

14.1.    You agree that if there is any dispute with a Parker concerning your Parking Spot or any use of the Parking Spot we will on your behalf attempt to resolve it with the Parker.
14.2.    You authorize us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requiring you to refund any payments you have received or requesting that a Parker pays any outstanding amounts in relation to the relevant booking.
14.3.    You agree that we may use any funds we are holding on your behalf in order to settle a dispute with a Parker and that if we are authorized to deduct sums from the debit or credit card details you have supplied in order to settle a dispute with a Parker.

15. Termination

15.1.    Either party may terminate this Agreement at any time but upon termination you agree to honour any outstanding bookings. From the date of termination we will not confirm or accept any new bookings for the Parking Spot but the Agreement will continue in respect of those outstanding bookings.
15.2.    In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
15.3.    We will be entitled to terminate this Agreement immediately if:
(a)    you breach any of the terms of this Agreement or of any agreement with a Parker made through Parkey pursuant to this Agreement;
(b)    you do anything we consider does or may put our goodwill or reputation at risk;
(c)    we have any reason to believe that you are not authorized to grant a licence to use the Parking Spot;
(d)    you cancel a booking other than in accordance with the Cancellation Policy; or
(e)    you refuse to cooperate with us and be readily contactable by us in respect of this Agreement.
15.4.    In the event of termination the terms of this agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).
15.5.    If:
(a)    this agreement is terminated by you and existing bookings cannot proceed under (eg. because you sell the property to which the Parking Spot is attached); or
(b)    this agreement is terminated by us while there are existing bookings,
then you will be fully liable to us (under the terms of this agreement) for all associated costs, charges, damage and liability which we may incur as a result and you agree to indemnify us on a continuing basis in respect of any such cancelled booking.
15.6.    You should be aware that you may also be liable to the Parker (under the Parker Agreement) for any associated costs, charges, damage and liability which the Parker incurs as a result of any of the events described in this clause including the Parker's costs of having to make alternative parking arrangements.

16. Insurance

16.1.    You will be entirely responsible for any and all insurance that you may require for the purposes of granting any licence to use your Parking Spot.

17. Disclaimers

17.1.    If you choose to use the Website and Services, you do so at your sole risk.  You acknowledge and agree that Parkey does not have an obligation to conduct background checks on any Parker.
17.2.    The Website and Services are provided "as is", without warranty of any kind, either express or implied.  Without limiting the foregoing, Parkey explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Parkey makes no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Parkey makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or Services.
17.3.    No advice or information, whether oral or written, obtained from Parkey or through the Website or Services will create any warranty not expressly made herein.
17.4.    You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services. You understand that Parkey does not make any attempt to verify the statements of users of the Website or Services or to review or visit any Parking Spots. Parkey makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Parkers.

18. Risk, liability and the Australian Consumer Law

18.1.    The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted or modified.  This Agreement does not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified.
18.2.    However, to the extent permitted by the ACL and subject to any other legal restriction, Parkey excludes:
(a)    any terms, conditions, warranties, guarantees or other liability that might apply to Parkey in respect of this Agreement or anything done under it; and
(b)    any liability for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by Parkey or its employees or agents.
18.3.    For services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption Parkey limits its liability, as permitted by the ACL, at its option, to the re-supply of the services or the payment of the cost of having the services supplied again.
18.4.    You must indemnify Parkey in respect of all losses, costs or expenses which Owner suffers or incurs in respect of:
(a)    a breach of this agreement or of any Parking Agreement by you;
(b)    use of the Parking Spot or any Car Park;
(c)    your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right;
(d)    any content uploaded by you to the Website that causes damage including to a third party;
(e)    your violation of any law.
Your liability to indemnify Parkey is reduced to the extent that any relevant expense is caused by Parkey’s negligence or default.   This sub-clause does not affect any rights you have under the ACL or other law which cannot be excluded or modified.
18.5.    For the avoidance of doubt, the liability excluded under this clause includes any loss arising from your dealings with any Parker or arising from the Parking Spot and we shall have no liability to you whatsoever for any act or omission of the Parker in connection with the Parking Spot or a Booking.  We will not be liable to you in the event of a claim by a Parker against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Parker in such circumstances.
18.6.    Subject to any non-excludable rights under the ACL, no claim may be brought against us in relation to this Agreement more than 12 months following the date on which your Parking Spot to which such claim relates was last promoted on our Website.
18.7.    You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and Services and responsibility for the Parking Spot and fulfilment of a booking lies solely with the Owner for whom we act only as an agent in a limited capacity.

19. Non-solicitation

19.1.    You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkey or any Parker or other Owner through any communication including written and oral communication made by yourself or a third party to transact parking business outside of the Website.

20. Confidentiality

20.1.    You agree not to divulge any confidential information relating our business or affairs without our consent.

21. General

21.1.    By entering into this Agreement you also agree to our Website terms of use and our privacy policy both of which are available on the Website.
21.2.    Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
21.3.    We will be entitled to assign, novate and transfer or sub-contract our rights and/or obligations under this Agreement.
21.4.    Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the agreement shall be paid.
21.5.    Each party acknowledges that the Agreement (as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
21.6.    If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
21.7.    No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
21.8.    Headings contained in this agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

22. Governing law and jurisdiction

22.1.    This agreement is governed by the law in force in New South Wales and you and we both agree to submit to the non-exclusive jurisdiction of Courts there.

23. Definitions

23.1.    In this Agreement unless the context requires otherwise:
Access Device means any form of card or identification device specified by Owner from time to time including, but not limited to, pass cards, access cards, parking cards, window passes, windscreen tokens or monthly passes.
List Price means the amount you notify us is the price at which we list your Parking Spot as available.  
Owner means the person who owns and/or is entitled to grant possession of the Parking Spot.
Parking End means the time under the Parker Agreement and referred to in the booking, that the period of a Parker’s parking must finish.
Parking Fee means the List Price and all other amounts from time to time charged to a Parker in respect of parking in any Parking Spot and includes amount in respect of overstays and holding over and may include any other fee for parking and any other services which the Parker agrees to pay you or us and which is referred to in the booking process.
Parking Spot means a parking space for which a booking has been made through the Website.
Parking Start means the time from which under the Parker Agreement and referred to in the booking, that the period of a Parker’s parking may start.
Website means the Parkey website currently at (www.parkey.com.au) and any Parkey applications.

Subscribe

Keep up to date with new parking locations and special offers near you