Secure Parking App Terms of Use NZ

TERMS OF USE

Last updated on 26 February 2021

Introduction

Welcome to Secure Parking! We’re excited to have you here but before you start using the Secure Parking App (App), we do need you to look through and accept these terms. These are your legal rights and obligations, so please do read everything. By accessing and using the App, you agree to be bound by these terms. If you can’t agree to our terms, then you can’t use the App. If you still have questions or comments after you’ve read these terms, please contact us here. We’d love to help.

The App is made available to you to facilitate your use of Secure Parking services.

Joining and using our App

1. You and Secure Parking: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Secure Parking, we, our or us, we’re talking about the Secure Parking entity you contract with and pay fees to based on the Secure Parking products and services you are using, including the edition of the App you’re using. Refer to the table at the end of these terms of use to determine which Secure Parking entity you contract with.

2. App: When we refer to the App we mean the Secure Parking mobile application (including any updates, enhancements, modifications or variations) we make available on third party application stores for you to download onto your mobile device.

3. Our services: Our services consist of all the products and services we provide now or in the future, including the provision of the App to facilitate your use of our all casual or permanent/monthly parking services.

4. Creating a profile: When you create a user profile to use the App and accept these terms, you become a user. If you’re the user, you’re the one responsible for paying for the service(s) you are using.

5. The right to use the App: We grant you the right to use the App until your user profile is terminated or until your access is revoked.

6. Rules: When you use the App you agree to follow these terms. Please read them and make sure you understand what you should and shouldn’t do.

7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from the App or any of our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. The App has minimum password standards but you are responsible for ensuring that your password is very strong and cannot be easily guessed. The stronger the password the better!

8. When we introduce new or revised features: We will keep thinking about how to improve the App. If we introduce new or updated features, there might be additional terms. We’ll let you know what those terms are before you start using those new or updated features. If you continue to use the App after they become available, you will be considered to have accepted the amended Secure Parking App terms of use.

9. What we own: We or our licensors own, or have a licence to use, everything put into the App unless otherwise stated and excluding content owned by others. This includes (but is not limited to) rights in the design, compilation, and look and feel of our services. It also includes rights in all copyright works, trade marks, designs, inventions, and other intellectual property in, and in connection with the App. Other than as specified in clause 5 above, you do not acquire any rights to our intellectual property by using the App or our services. You agree not to copy, distribute, modify or make derivative works of the App or its content, or anything provided to you in connection with the App or our services, or use any of our intellectual property rights in any way not expressly permitted by us.

Services

10. Use of our services: You may use the App to access and use the Secure Parking services we may offer from time to time. Your use of such Secure Parking services will also be subject to:

• the Secure Parking Terms of Entry;
• the Secure Parking Privacy Policy; and
• the particular terms of service that apply specifically to particular Secure Parking services. Each Secure Parking service’s corresponding terms and conditions are as follows: 
  • Purchase Online Service - Purchase Online Service Terms and Conditions
  • Secure Parking Permanent Parking Services - Secure Parking Permanent Parking Agreement

11. In the event that there is any inconsistency between these terms, and the applicable service’s terms and conditions, the applicable service’s terms and conditions will take precedence.

Payment for Services

12. Invoices & Payment: An invoice is automatically generated whenever you incur a billable service through the App. Payment of invoices are processed by Windcave, a third party PCI DSS compliant payment processor. No credit card details are stored within the App.

13. Taxes: Depending on your region, fees for the applicable paid service may be inclusive or exclusive of transactional taxes where relevant (like Value Added Tax and Goods and Services Tax), as reflected in pricing for the applicable service.

14. Importance of timely payments: To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your user profile until the payment is made.

Data use and privacy

15. Collection and Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to:

• enable you to use our services;
• allow us to improve, develop and protect our services;
• create new services;
• communicate with you about your user profile;
• carry out our billing/administration purposes; and
• send you offers, benefits and information about our goods and services, and those of our related entities and third parties that we think may be of interest to you based on your marketing preferences.

16. Use of personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy sets out in detail the personal data we collect, the purposes for which it may be used, who it may be shared with, and your rights to access and correct that information.

17. Personal data of other individuals: If you are providing to Secure Parking any personal data (such as name and contact details) about another individual, you confirm that you are authorised by that individual to provide that information to us so that we are able to use that information for the purposes outlined above.

18. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

19. Data breach notifications: Where we think there has been unauthorised or accidental access to, or disclosure, alteration, loss or destruction of the personal data inside your user profile (Security Incident), we will handle the Security Incident in accordance with relevant privacy laws. This may require us to notify the relevant privacy regulators and/or you about what has happened.

Confidential information

20. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect each other’s confidential information from being accessed by unauthorised persons. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

21. Security safeguards: While we, our licensors and our service providers may have taken steps to help protect your data, no method of electronic storage or transmission of data over the Internet is always completely secure and we cannot guarantee absolute security. While we do what we can to protect your information, we don’t warrant and can’t ensure the security of any information you transmit to us. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

22. Account security features: We, or our licensors of the App, may introduce security features to make your account more secure. You may be required to adopt some of these features. Where the use of security features is optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

23. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems/device(s). If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

App store terms

24. Other services: Some of our services are available through other companies’ services, such as The Apple App Store. These companies may have additional terms that apply to you.

25. Third-party products and services: From time to time, we may make third party products and services available on, or through, our App, or you may use third party products and services in conjunction with our App. You acknowledge and agree that if you do so, such third-party products and services are   independent of us and we have not prepared, nor do we manage, any such third party products/services. We may allow access to, or use of, such third party products and services through or in conjunction with our App to potentially facilitate and enhance your user experience only. We do not represent, endorse or warrant that the third party products or services will operate in the manner represented by the relevant third party provider or that they will be suitable for your use, be error-free or continue to be available to you. Please be aware that your use of a third party product/service through our App may incur fees with the third party provider and you may be subject to additional terms.

Maintenance, downtime and data loss

26. Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

27. Access issues: You know how the Internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.

28. Data loss: Data loss is an unavoidable risk when using any technology. Any information you transmit to us is at your own risk and you’re responsible for maintaining copies of your data entered into our services.

29. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

30. Problems and support: If you have a problem with our services, you can contact our support team by emailing help@secureparking.com.au. 

31. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Do’s and don’ts

32. Feedback: We love your feedback and you consent to us using your feedback without restriction.

33. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

34. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:

• Undermine the security or integrity of our computing systems or networks;
• Use our services in any way that might impair functionality or interfere with other people’s use;
• Access any system without permission;
• Introduce or upload anything to our services that includes viruses or other malicious code;
• Share anything that may be offensive, violates any law, or infringes on the rights of others;
• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services;
• Resell, lease or provide our services in any way not expressly permitted through our services;
• Repackage, resell, or sublicense any leads or data accessed through our services;
• Commit fraud or other illegal acts through our services; and
• Act in a manner that is abusive or disrespectful to a Secure Parking employee, partner, or other Secure Parking customer. We will not tolerate any abuse or bullying of our employees in any situation and that includes interaction with our support teams.

Termination

35. Termination of user profile: You can terminate your user profile at any time. If you violate these terms, we may terminate your user profile immediately.

36. Termination by Secure Parking: Secure Parking may terminate or suspend your user profile or access to all or any data immediately if:

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach;
• you breach any of these terms and the breach cannot be remedied; and/or
• you fail to pay the fees for any of our services; and/or
• you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction, or your business becomes insolvent, or goes into liquidation or has a receiver or manager appointed over any of its assets.

37. Retention of your data: Once your user profile is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a user, you can reactivate your user profile and once again access your data. We may also retain data in case you need it as part of our record retention obligations.

Liability and indemnity

38. You indemnify us: You indemnify, hold harmless and defend us and our affiliates, officers and employees from all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

39. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 45, we disclaim all warranties, guarantees and representations (whether express, implied or statutory) including without limit warranties of non-infringement, suitability, accuracy merchantability, fitness for a particular purpose and completeness of the services.

40. Limitation of liability: Other than liability that we can’t exclude or limit by law, and subject to the consumer law terms in section 46, our liability to you in connection with the App or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, indirect losses, or any consequential damages of any kind, incidental, punitive, exemplary or special loss, damage or expense.

For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

Our total aggregate liability to you in any circumstances is limited to any fees payable by you for use of the App.

Disputes

41. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team by emailing help@secureparking.com.au. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to first attempt to resolve those disputes through mediation, with location and procedure of any such mediation to be agreed between the parties.

Important housekeeping

42. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

43. Notices: Any notice you send to Secure Parking must be sent to help@secureparking.com.au. Any notices we send to you will be sent to the email address you’ve provided us through your user profile.

44. Entire Agreement: These terms constitutes the entire agreement, understanding and arrangement (express and implied) between you and Secure Parking in relation to the App and supersedes and cancels any previous terms or agreement, understanding and arrangement relating thereto, whether written or oral.

45. Consumer laws: There may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). To the extent that you are considered a consumer under the applicable consumer legislation of your jurisdiction, the warranties, guarantees or other rights provided by law may still apply. Nothing in these terms will exclude, restrict or modify the rights and remedies available to you at law. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the provisions set out in these terms. To the extent permitted by law, our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service. If you are in New Zealand, in trade and using the App for business purposes, you agree that the statutory guarantees set out in New Zealand consumer legislation do not apply to the supply of the App to you.

46. Blocking your access, disabling your user profile, or refusing to process a payment: We may block your access, terminate your user profile, or refuse to process a payment if we reasonably believe there’s a risk associated with you, your company, your user profile or a payment. For example, a risk of a law or regulation potentially being breached or risk of loss being suffered by us, our partners or our customers. You warrant that you’re not on a sanctioned persons list. We may take any of the above actions without notice to you.

47. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Secure Parking may assign these terms - or any of our rights or obligations in these terms - to another Secure Parking entity as it deems appropriate. Secure Parking entities are the related entities (as defined in the Companies Act 1993) of Secure Parking NZ Limited (a New Zealand company NZBN#9429038348471).

48. Changes to these terms: We may decide to update these terms. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services and/or App. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your user profile by giving the standard advance notice to Secure Parking.

49. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

50. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

51. Secure Parking contracting entities; law and venue: Our contracting entities are listed in the table below along with what law and venue apply in any dispute between you and us:

App Edition - New Zealand

Entity - Secure Parking NZ Ltd

Address - 3B/118 Queen Street, Auckland Central, New Zealand 1011

Registration - NZBN#9429038348471 

Law - New Zealand

Venue - New Zealand