Terms of Use

The Website is operated by Parkey Pty Limited ABN 47 610 199 712 (Parkey, we or us).  These are the terms of an agreement between the user (you) accessing the Website (which term includes any related app) including to book or make available one or more parking spots.
Part 1 of these terms are provisions about using the Website.  Part 2 has more specific provision about parking spots and bookings. Part 3 contains general provisions.  
Key terms of our agreement with you may also be set out in the electronic information generated or sent in the booking process and confirmed in the email to you sent by Parkey.  Terms and definitions may also be included in your Parker Agreement, or in your Owner Agreement if you are an Owner.
We only provide the Website subject to these terms of use.  Before you browse or use the Website, it is important that you read, understand, and agree to these terms of use. In using the Website, you agree to be bound by these terms of use.  If you do not accept these terms of use, you must refrain from using the Website.

Part 1 - Use of the Parkey website – General terms

1.    You must ensure that your access to and use of the Website is not illegal.  
2.    Your access to the Website may be terminated at any time by us without notice to you.
3.    In order to access various parts of the Website or access particular content available on the Website, you must become a registered user.  
4.    You are not authorised to reproduce any content available on or accessible from the Website (Content)  except for reasonable non-commercial use .  In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee or other consideration.  If you require any Content for your commercial use please contact us and we can discuss a formal access arrangement.
5.    Reproduction of the Website and the Content on it, including by screen scraping or any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the Website, is strictly prohibited.  
6.    When using the Website, you agree not to do any of the following:
(a)    without our prior written approval, on-sell Content obtained from it.
(b)    use it in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights or privacy, or which restricts or interferes with the Website;
(c)    reverse engineer, reverse assemble or reverse compile all or part of it;
(d)    enter into any transaction relating to access or use of the Website with a party other than us, without our prior written consent; or
(e)    attempt to gain unauthorised access to the Website  or computer systems or networks connected to it, through hacking, password mining or any other means.
7.    All Content is provided by us in good faith.  You accept that the Content provided by us is general information and is not in the nature of advice.  We have derived the Content from sources which we believe to be accurate and up to date as at the date of publication.  We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purpose, nor do we undertake to keep the Website or the Content up to date.  This applies to Content provided by us and to Content provided by others.  Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.  
8.    You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it.  By using the Website you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:
(a)    the accuracy or otherwise of the content displayed or omitted from the Website;
(b)    any person’s reliance on content available or omitted from the Website; or
(c)    any loss in connection with the use of the Website.
9.    Except as specifically stated otherwise, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of anything contained on the Website. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.
10.    The Website contains communication facilities which allow you to communicate with us and others through online enquiry and feedback forms, and may contain other electronic messaging and notice services (Communication Facilities). You acknowledge that the Communication Facilities may be public and not private.  You should take care to ensure that any communications you make using the Communication Facilities comply with the requirements of these terms.
11.    When using the Communication Facilities or the Website, you must not, and you must not authorise, aid, abet encourage or incite any other person to, post or transmit any information, image, text or other material of any kind whatsoever:
(a)    that is not original material in which you own copyright, unless you are authorised by the copyright owner to post or transmit that material on the Website;
(b)    that violates or infringes upon the rights of any other person;
(c)    that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
(d)    that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or metal disability;
(e)    that contains a virus or other harmful component;
(f)    that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or
(g)    that is knowingly incorrect, misleading or deceptive.
12.    In addition, you must not excessively use the Communications Facilities in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of the Website.
13.    You acknowledge that we do not review, screen or approve any communications made using the Communication Facilities.  Responsibility for the content of material posted on the Website rests solely with the person who posts it.  Where that content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.  
14.    Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertiser’s own websites) rests solely with the advertisers.  The placement of advertisements on the Website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.
15.    Copyright in the Content and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 of the Commonwealth of Australia and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means:
(a)    adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
(b)    commercialise any Content, goods or services obtained from any part of the Website,
without our prior written approval.
16.    If any of our trade marks are displayed on the Website, they may not be used without our prior written approval.   This website may also display other names and logos that are trade marks of other third parties.  You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.
17.    By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
(a)    use, copy, sublicense, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b)    sublicense to any third parties the unrestricted right to exercise any of the rights granted in paragraph (a).
18.    The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
19.    You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material.  This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.
20.    You must make your own precautions to ensure that the process which you use for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
21.    Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.
22.    While we intend to make the Website available 24 hours a day, seven days a week, on occasions it may be unavailable to permit maintenance or other development activity to take place.  We may temporarily limit or suspend the availability of all or part of the Website if it is necessary for reasons of public safety, security or maintenance, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.
23.    The Website may be linked to other websites over which we have no control.  Those links are provided for convenience only and may not remain current or be maintained. We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites.  We make no representations about the accuracy of content contained on those websites.  We are not liable for the content on those websites.
24.    No links from external websites to the Website are permitted without our prior written approval.

Part 2 - Booking parking spots

25.    You agree that Parkey will act for the Owner in all dealings between Parker and Owner.  You agree to make all bookings for the parking spot only through the Website and acknowledge that Parkey will handle all the booking and payment process on the Owner's behalf.  
26.    You must provide all the information we require to enable your use of the Website as a parker or Owner as the case may be.  You must ensure that the information is correct from time to time.
27.    You agree that the Website is a platform for advertising and booking parking spots owned or controlled by Owners and we have no responsibility for the parking spot other than to provide the Services under this agreement which includes operating the Website and administering and confirming bookings and collecting payment on behalf of the Owner.
28.    Whilst we endeavour to ensure the parking spots advertised on the Website are of a satisfactory quality we offer no warranty as to a parking spot's suitability for your requirements.  Similarly, we will have relied on the Owner for details about a parking spot given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
29.    We are not responsible for the location or condition of a parking spot, its availability or the conduct of the Owner during the Parking Period.  We act as agent for the Owner and by making a booking you are entering an agreement with the Owner under which the Owner is bound to provide you with the parking spot, subject always to the Parker Agreement.
30.    Unless stated otherwise in this agreement, once we have confirmed your booking we have no further obligation to you in relation to the parking spot and all responsibility lies with the Owner.  We aim to ensure that our Owners offer a good service and provide their parking spot in accordance with your expectations but we accept no responsibility and will have no liability to you if the parking spot or the services of the Owner generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances will be against the Owner but we may assist (at our discretion) in seeking to resolve a dispute between you and the Owner.
31.    We are not responsible for the location or condition of a parking spot, its availability or the conduct of the Owner during the Parking Period.  We act as agent for the Owner and by making a booking you are entering an agreement with the Owner under which the Owner is bound to provide you with the parking spot, subject always to the Parker Agreement.
32.    You must:
(a)    If you are a Parker agree to observe and act in accordance with each Parker Agreement;
(b)    not use the parking spot in any way which could be deemed to be harmful to the business or reputation of Parkey or do anything which might adversely affect our relationship with an Owner;
(c)    not attempt to contact a Owner directly at any time;
(d)    not attempt to book any parking spot advertised on the Website other than through the booking procedure on the Website;
(e)    provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
(f)    not use the Website in any way which may detrimentally affect the reputation of Parkey or the use and enjoyment of the Website or our services by any other users or third parties;
(g)    maintain insurance on the vehicle as required by applicable law; and
(h)    where applicable, only provide us with credit or debit card details for which you are the sole account holder.
33.    All bookings are made subject to the cancellation policy as set out on the Website and you agree to comply with the terms of the cancellation policy and you authorise Parkey to administer the cancellation policy, including if necessary, by making refunds.
34.    Normally amounts are quoted to include GST.  However, if fees or charges payable under this Agreement are calculated or quoted exclusive of GST Parkey may add GST to any such amount and the GST shall be payable at the same time as fee, charge or other amount is payable.  If the fee, charge or other amount is inclusive of GST but the rate of GST varies from that previously applicable, Parkey may vary it accordingly.
35.    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.  
36.    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 Owner 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 Owner or its employees or agents.
37.    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.
38.    You must indemnify Parkey in respect of all losses, costs or expenses which Parkey suffers or incurs in respect of: (a) a breach of this agreement by you, including enforcing this Agreement; (b) the vehicle; or (c) your use of a the Website or any parking spot or a Car Park.  In the case of paragraphs (b) and (c) your liability to indemnify us 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.  
39.    Parkey may give you notice under this Agreement by sending a notice to you at the address you give in your booking or any other address you notify to Parkey or at any other address where Parkey reasonably believes you to work, stay or reside.  If you give Parkey an email address, Parkey may also give you notices by email to that address.  Parkey may also give you a notice by leaving it on or in your vehicle inside or outside a Car Park.  Each of these ways of giving you notice may also be used to give you notice for the purposes of any legal proceedings.  You should notify Parkey if your contact details change.

Part 3 - General provisions

40.    If you breach any term of this agreement, and fail to remedy such a breach Parkey may, without prejudice to its other rights hereunder, immediately terminate this agreement.  
41.    You must pay Owner and Parkey their full costs of any action to recover amounts you owe including Parkey’s and Owner’s legal and mercantile agents’ fees on a full indemnity basis.
42.    These terms of use supersede any prior agreements between you and us in respect of your use of the Website.  You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the Website including any Parker Agreement or Owner Agreement.
43.    Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
44.    These terms of use and the relationship between you and us are governed by the laws in force in the State of New South Wales, Australia without regard to its conflict of law provisions.  You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales.
45.    Words in this agreement importing the singular include the plural and vice versa. Words importing gender include every other gender. Words importing persons include bodies corporate and vice versa. Any indemnity or agreement on the part of two or more persons shall be deemed to bind them jointly and severally. Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.
46.    Parkey may vary the terms of this Agreement by notice to you. Parkey may transfer both its rights and obligations under this agreement and you must sign any novation or other document Parkey reasonably requires for that purpose.  
47.    You warrant that you are not aggregator or supplier of parking or parking-related services of any kind and are not acting as an agent for any such person.  If Parkey reasonably believe you are in breach of this warranty Parkey may cancel this agreement and any booking immediately without any refund and refuse to provide services whether or not that has been previously notified.
48.    To the extent that any provision or part of this agreement is either invalid or unenforceable by any applicable law that provisions or part shall be ineffective and shall not invalidate or modify the remaining provisions or parts hereof, which shall continue in full force and effect.
49.     Parkey is committed to your privacy.  Parkey generally collect personal information about you directly from you, but may also collect personal information about you from third parties.  Parkey uses your personal information to provide parking-related services to you, to seek your feedback about their service, to carry out management and administrative activities (including debt collection), to conduct research and to communicate with you.  If all the information is not provided, Parkey may not be able to supply their services to you.  Your personal information may be disclosed to Parkey’s related entities, service providers and contractors, debt collection agencies, auditors, and as a result of contractual obligations, Parkey may be required to disclose your personal information to landlords of parking facilities.  
50.    Parkey has a privacy policy which includes information about how it collects, stores, uses and discloses your personal information; about how you may access the personal information about you that Parkey holds, and how you may seek correction of that information; and about how you may complain about a breach by Parkey of the Australian Privacy Principles, and how Parkey will deal with such a complaint. A copy of Parkey’s privacy policy is available upon request or by visiting privacy policy.

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