General Terms & Conditions of Use
Thank you for visiting www.parkangel.co.nz (the Website). We hope that you will sign up so that you can use our Website to make available and book car parks at a great rate, while at the same time contributing to charities.
By accessing and using the Website, you agree to be bound by these General Terms and Conditions.
You confirm that you have read, and that you agree with, our General Terms and Conditions. If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website.
These General Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current General Terms and Conditions. Your use of our Website at any time is taken as your agreement to our General Terms and Conditions that apply at the time.
- Park Angel Limited, the owner of the Website, business and related IP Rights, may refer to itself as we, our, us or it throughout any page of the Website, including the General Terms and Conditions. You, as a User of the Website, may be referred to as you, person, User, Member, Car Park Holder or Car Park Seeker, as is relevant in the context.
- In the General Terms and Conditions, the following words have the meanings set out below:
Car Parks means car parks that the Licensed Organisation owns or is permitted to occupy and that have been allocated to Car Park Holders.
Car Park Holder means any User that:
- works for a Licensed Organisation and has been allocated a Car Park by the Licensed Organisation that they wish to make available for Car Park Seekers to use; and
- is permitted by a Licensed Organisation and us to use the Website.
Car Park Seeker means any User that:
- works for a Licensed Organisation and wishes to be able to book available Car Parks; and
- is permitted by a Licensed Organisation and us to use the Website.
Confidential Information means any Content that is not in the public domain and is marked confidential or the recipient knows or ought to know is confidential.
Content means Park Angel Content, Member Content and/or Third Party Content.
IP Rights means any rights in relation to trade marks, copyright and other intellectual property.
Licensed Organisation means an organisation that has Car Parks available for use by its workers and that is licensed by Park Angel to use the Website to facilitate booking of those car parks between Car Park Holders and Car Park Seekers.
Member means a Car Park Holder or Car Park Seeker that has registered on the Website and that has accepted our User Terms and Conditions.
Member Content means information, material or data uploaded or inputted on the Website by a Member that the Member has rights in, including text, graphics, photographs, trade marks, logos and artwork.
User Terms and Conditions means our terms and conditions for Car Park Holders and Car Park Seekers .
Park Angel Content means any any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other information, material or data developed, used, provided or displayed by us on the Website or as is underlying the Website.
Third Party means any party that is not a party to these General Terms and Conditions (i.e. is not you or us).
Third Party Content means information, material or data uploaded or inputted on the Website by a Third Party that the Third Party has rights in, including text, graphics, photographs, trade marks, logos and artwork.
User means any user of the Website, including Licensed Organisations and Members.
Operation of the Website
- The Website is a venue where Car Park Holders can make their Car Parks available and Car Park Seekers can book those Car Parks for the specified day or time that they are available.
- Licensed Organisations are responsible for allowing you to become a Member.
- We facilitate the advertisement and booking of Car Parks through the Website. However, any transaction entered into between Licensed Organisations, Car Park Holders and/or Car Park Seekers is a transaction entered into directly between those Users (independent of us). Any transaction you enter into is entirely in reliance on your own judgement and enquiries. Any representations made by any User are not made by or on behalf of us. We are not acting as agent for either the Licensed Organisation, Car Park Booker or Car Park Seeker. We simply provide the Website as a venue for Car Park Bookers to advertise Car Parks and Car Park Seekers to book those Car Parks.
Registration as a Car Park Holder or Car Park Seeker
- If you satisfy the definition of a Car Park Holder and would like to make your Car Park available on the Website, you must complete our registration on the Website, including agreeing to be bound by our User Terms and Conditions.
- If you satisfy the definition of a Car Park Seeker and would like to be able to book available Car Parks advertised on the Website, you must complete our registration process on the Website, including agreeing to be bound by our User Terms and Conditions.
- If you do not satisfy the definition of a Car Park Holder or Car Park Seeker or if you have not completed our User Terms and Conditions, you are not permitted to access the password restricted sections of the Website.
Use of the Website and Content
- You agree you will not use the Website in any manner that is unlawful or prohibited by the General Terms and Conditions.
- Without limiting clause 4.1, you agree you will not (directly or indirectly):
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
- hack into any part of the Website or Content through password mining or other means;
- commit or encourage a criminal offence;
- disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
- impersonate any other person, or forge any material in order to disguise the origin of any Content or communications sent through the Website;
- transmit any advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
- attempt to modify, reverse engineer or reverse-assemble any part of the Website or Content;
- breach any applicable laws or regulations; or
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the General Terms and Conditions or User Terms and Conditions or is otherwise inappropriate for the Website.
We reserve the right to prevent you from accessing the Website if we reasonably believe you have breached the requirements set out in clauses 4.1 or 4.2, and you agree not to access the Website if we ask you not to on this basis.
Without limiting clauses 4.1 and 4.2, you agree you will not provide to us or post or transmit any Content on the Website or any website or social media site linked to or associated with the Website that:
- is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
- is or is reasonably likely to be unsuitable for persons under the age of 18 years;
- infringes the IP Rights of any person;
- infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;
- is incorrect or inaccurate;
- is false or misleading or deceptive;
- contains any virus (including malware or spyware) or other destructive component;
- is prohibited by or violates any applicable laws or regulations; or
- otherwise breaches the General Terms and Conditions or User Terms and Conditions.
- We reserve the right to remove any Content which we reasonably believe breaches the requirements set out in clause 4.4.
- You acknowledge that we are the owner, or an authorised licensee, of all IP Rights subsisting in, or related to, the Park Angel Content and the Website itself.
- Third Parties may have IP Rights in relation to other Content on the Website (that is not Park Angel Content).
- Except for any Member Content that you own, no Content may be copied, modified, reproduced, published or transmitted without our prior written consent.
Links to other Sites
- The Website may include links to other websites not owned by us. If you visit a linked website, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
- The Website may be linked to various social networking sites. You acknowledge and agree that:
- any comments or content that you post on such social networking sites though a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and
- we are not responsible or liable for any comments or content you or others post on social networking sites.
- You acknowledge that we are not liable and we take no responsibility for any transaction entered into by you with any other User of the Website and you enter into any such transaction entirely at your own risk. We are not a party to any such contract between Users and we will not be held responsible for the terms of any transaction between the Users, the representations made by any User, or the obligations of any User under any such transaction. We do not provide any warranty in relation to any contract between Users and do not act as an agent or broker or representative for any User.
- As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any Content and Confidential Information (including personal information) could be improperly accessed and used or disclosed and you agree that we are not liable for this.
- Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or services related to those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
- We do not warrant or guarantee:
- the accuracy, correctness or appropriateness of Confidential Information or the Content on the Website;
- that the Content will be free from viruses (including malware or spyware) or other destructive properties; or
- that the operation of the Website will be uninterrupted or error free,and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content on the Website lies with you.
- You acknowledge that your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services.
- To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these General Terms and Conditions. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues and/or data).
- You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with the Website or these General Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
- Where we are unable to limit liability under these General Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount of your last transaction through the Website.
- You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
- any transactions with other Users or Third Parties;
- your breach of any of the General Terms and Conditions or User Terms and Conditions;
- any failure or delay by you to meet your obligations in respect of any transaction through the Website;
- any reliance by you on Content on the Website or any link to another site;
- any conduct of yours or any transaction entered into by you that does not comply with the relevant laws or regulations; and
- any technical errors or corruption of data on the Website.
Changes to Website
- We may at any time without notice remove, amend and/or vary any of the Content on the Website or cease operating the Website in whole or in part.
- No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, User Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
- Where any dispute arises between you and another User you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
- We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under the General Terms and Conditions or User Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under the General Terms and Conditions or User Terms and Conditions to any other person without obtaining our prior written consent.
- If any portion of the General Terms and Conditions or User Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
- The General Terms and Conditions and User Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
- The General Terms and Conditions and User Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
- You submit to the exclusive jurisdiction of the courts of New Zealand.
- If you require any further information, or if you have an issue or complaint, please contact us at email@example.com.
Last updated August 2017