1.1 Parkable (hereinafter referred to as "Parkable", "we", "us" or "our") operates a software platform that helps people create, list, host, discover, book and use private car parks around the world, whether through our website or our mobile applications (“Platform”). Parkable refers to Parkable Limited (a New Zealand Registered Business).
1.2 These general terms and conditions (“Terms and Conditions”) will apply to anyone who views or uses the Platform ("you") and to all services provided, arranged or managed by Parkable to or for you when using the Platform (“Services”).
1.4 If you wish to book a parking space through the Platform you will also need to enter into a Parking Space License Agreement with the parking space Host (for whom we act as an Agent) and you will be bound by our Parker Agreement.
1.5 If you are a private parking space host and you wish to manage your parking space with us you will be bound by the Parking Space License Agreement and our Parking Space Host Agreement.
1.6 If you are a private host and you wish to use our “Parkable for Business” service, you will also need to enter into an Enterprise Agreement with us, and you will be known as an “Enterprise Client”.
1.7 These Terms and Conditions, the Parking Space License Agreement, Parker Agreement, Host Agreement and Enterprise Agreement may be amended from time to time. Notification of any changes will be made by posting new terms onto the Parkable website. In continuing to use the Platform you confirm that you accept the Terms and Conditions and any relevant agreements in full at the time you use the Platform.
2.1 You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
2.2 You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Platform.
2.3 You will be asked to create a password when registering a new account, unless you have been registered using a third party account or authentication process. We recommend that you keep your password confidential and do not disclose it to any third party. We will not be held responsible for any action taken by any third party to whom you have shared your password. If you believe a third party has become aware of your password and is using your account without authorization, notify us immediately and we will suspend or close the Account at our discretion.
2.4 You may terminate your account at any time via the Platform.
2.5 We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms and Conditions or any agreement with Parkable.
4.1 We may suspend your account at any time should you be in breach of these Terms and Conditions or any agreement with Parkable. If you have not registered with us we may suspend your access to the Platform or the Services if we believe you to be in breach.
4.2 If we suspend your account or access to the Platform for any reason, we may refuse to provide you with any Services including the right to make any further bookings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate any new account you may have created.
4.3 We may terminate any agreement you have with Parkable and your account at any time if:
a) you are in breach of these Terms and Conditions or any agreement with Parkable; or
b) we suspect that you are about to commit a breach of these Terms and Conditions or any agreement with Parkable; or
c) you become or we suspect that you are about to become insolvent.
4.4 Upon termination you will no longer be able to use our Platform or Services or make bookings through us. If when we terminate your agreement with Parkable you have any outstanding bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.
4.5 In the event of termination, these Terms and Conditions or any agreement with Parkable 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).
5.1 Users of the Platform are not authorised to directly advertise to or solicit the custom of other users without our express written consent.
5.2 You are not entitled to resell or commercially exploit the Platform's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
5.3 If we believe that you are sending unsolicited emails to our users then we reserve the right to immediately terminate your use of the Platform without limiting any other rights and remedies we may have.
6.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the fullest extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity and to the extent we are not able to, our liability is limited to, at our option, supplying the services again, or paying the costs of having the services supplied again.
6.2 If you are using the Platform for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply.
6.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
6.4 Although we aim to offer you the best service possible, we make no promise that the Services on the Platform will meet your requirements. We cannot guarantee that the Services will be fault-free.
6.5 From time to time it may be necessary to restrict or suspend access to the Platform for a period of time and any such interruptions shall not constitute a breach by us of these Terms and Conditions. We will attempt to restore the Platform as soon as we reasonably can.
6.6 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Platform whether such loss is incurred or suffered as a result of our negligence or otherwise.
6.7 Parkable may amend or terminate the Platform or Services from time to time for any reason, without notice, with no liability to you as the user or any other user or any third party.
7. Communication and data protection
7.1 All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these Terms and Conditions, you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
9.1 All intellectual property rights (including copyright and all worldwide rights conferred under statute, common law or equity relating to inventions, registered and unregistered trade marks and designs, data, databases, confidential information, know how and all other rights resulting from intellectual property) in the Platform and Services provided by Parkable is and remains the property of Parkable (and its licensors). You will not dispute ownership.
9.2 By displaying user-generated content on the Platform you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
9.3 We do not screen user-generated content (including content relating to available parking spaces) or information on the Platform and we cannot give any assurance as to its accuracy or completeness. Users of this Platform are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy and we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
9.4 This website or any portion of this website or Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Platform without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform without our express written consent.
10.1 From time to time we may offer a referral service to attract registered users to the Platform.
10.2 To be eligible for the “Referral Reward Programme”:
10.3 We reserve the right to terminate the referral programme or change the terms at our own discretion at any time;
10.4 All questions or disputes regarding eligibility for the referral programme or the eligibility of rewards for accrual will be resolved by Parkable in its sole discretion.
11.1 Regardless of where you are domiciled any claims brought against Parkable must be filed in a New Zealand court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.
11.2 Notwithstanding the parties' decision to resolve any and all disputes arising under these terms and conditions through arbitration, Parkable may bring an action to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these terms and conditions or to enforce the decision of the arbitrator.
11.3 The arbitrator shall apply the substantive laws in accordance with clause 12 (General), shall issue a written decision, and shall have the power to award any legal remedies consistent with these terms and conditions except for punitive, exemplary or special damages.
11.4 The parties will split the arbitrator's fee.
11.5 Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.
11.6 You agree that the provisions in this clause will survive any termination of the Terms and Conditions.
12.1 Each of the parties warrants its power to enter into these Terms and Conditions, the Parking Space License Agreement, Parker Agreement, Enterprise Agreement and/or the Host Agreement (“Agreement”), as applicable, and has obtained all necessary approvals to do so.
12.2 The 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 renders the performance of these terms and conditions impossible.
12.3 You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these Terms and Conditions or any 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 the Terms and Conditions or any Agreement (as applicable) and rendered ineffective as far as possible without modifying the remaining provisions of the Terms and Conditions or any Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Terms and Conditions or any Agreement.
12.4 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms and Conditions. No right, power or remedy in these Terms and Conditions conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
12.5 We may make changes to the format of the Platform, services provided or to the Platform’s content at any time without notice.
12.6 Parkable may charge interest on overdue amounts owed to us. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by Parkable’s primary trading bank as at the due date (or, if Parkable’s primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.
13.1 These Terms and Conditions are governed by the laws of Australia and are made between Park Genie Pty Ltd (trading as Parkable) and you.
14.1 If at any time you would like to contact us with your views about our terms and conditions, you can do so by emailing us at email@example.com.