Terms and conditions

Terms and Conditions

ParkMate Terms and Conditions: Customer Parking
What these Terms are About ? These terms and conditions govern your signing-on to use the ParkMate App.

Please read these terms and conditions before you use the ParkMate App.

You should refer to the dictionary below for the definition of words and expressions used in these terms and conditions.

These terms and conditions must be read together with any sign or noticeboard at the car park. There may also be special conditions appearing in the ParkMate App listing for a car park. If there is a conflict, then these terms and conditions will take precedence, followed by any special listing terms and then by terms appearing on signs and noticeboards at the car park.

We can change these terms and conditions at any time. It is your responsibility to be familiar with our terms at all times.

The contracts formed using the ParkMate App are effective from the time you make an online booking or the moment that you drive your vehicle into the selected car park, whichever occurs first. They apply 24 hours a day, 7 days a week whether or not the car park is 24/7. You also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.

ParkMate Terms – Online Bookings

This part of these terms and conditions forms a contract between you and ParkMate for the use of the ParkMate App.

You may use the ParkMate App to purchase an Electronic Pass for a parking Session at the car park. On acknowledgement of payment, ParkMate will arrange and manage the Session.

ParkMate is the agent of the car park proprietor to receive your parking fees using an electronic payment facility and has the authority to issue an Electronic Pass for a parking Session at the car park.

The Electronic Pass is valid for the entire duration of the vehicle’s parking Session.  No ticket is issued and the Electronic Pass continues as an active Session displayed within the App.

– It is your responsibility to ensure an active Session is operational and showing on your device while the vehicle is using the carpark space at the car park.

– It is your responsibility to monitor your parking Session and leave by the appropriate time.

– You will receive messages prior to a Session end time if you have these notifications turned on for the device.

– If you have selected a post-pay product, where you start your parking and are required to stop the parking using the ParkMate App;

you need to ensure that:

– You stop your parking on leaving the car park

– You stop your parking and leave prior to the booked end time

– You stop your parking and leave prior to closing time if the car park availability is not 24/7.

You must not park at a car park using the ParkMate App if:

– Your payment is declined;

– You knowingly do not have sufficient funds to pay for a post-pay product; or

– You believe the site is unsafe.

ParkMate will use its reasonable endeavours to ensure that its car park listings are accurate, but it does not guarantee the availability of carpark spaces at any particular car park or the accuracy of listing information. These are the sole responsibilities of the car park proprietor.

ParkMate and its assigns, own all proprietary and intellectual property rights of the ParkMate App and service and in the website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website. You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of ParkMate App or website; or commercialise, copy, or on-sell any information, or items obtained from any part of the service or website.

ParkMate’s liability in relation to your use of the ParkMate App is governed by the general terms and limitations below.

Car Park Terms – Electronic Pass to use a Parking Space

This part of these terms and conditions forms a contract between you and the car park proprietor relating to the use of a carpark space at a car park.

When you purchase an Electronic Pass, the car park proprietor through its agent ParkMate, will grant you the right to use a carpark space at the car park. It is your responsibility to correctly identify your vehicle, select the right car park and parking product and manage the duration of the parking Session.

The following terms govern your use of the carpark space at the car park:

General Parking:

– A pre-booked bay is a bay at the car park which has been booked for your use. If you have pre-booked a bay, then you must use that bay.

– An unreserved bay is an unallocated bay at the car park which has been reserved for your use. If you have booked an unreserved bay, then you may use any of the bays within the area available for unreserved parking.

– There is no guarantee that a pre-booked or unreserved bay will be available on your arrival.

– You must not sublet or transfer your booking to any other person or vehicle.

– You may amend or cancel a booking through the ParkMate App. There may be a minimum charge even if you cancel a booking.

Long term parking:

– All long term parking is unreserved unless otherwise stated.

– The car park proprietor has the right to permanently substitute any long term bay(s) designated for your use by giving you one month’s notice in writing.

You agree with the car park proprietor:

– To comply with all rules or directions displayed in the car park from time to time and with all relevant laws.

– Not to obstruct other persons or vehicles using the car park, nor abandon the vehicle.

– Not to park in any area marked “reserved” unless you possess a legal licence or lease to do so, or in any area marked “no parking”, or outside of the line-marked parking bays.

– Not to park in a mobility bay without a current mobility window pass.

– Not to park in any bay unless you have an Electronic Pass issued by ParkMate.

– That the vehicle you are parking must have a current warrant of fitness and registration, be roadworthy, and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons or the car park.

– That the car park proprietor may temporarily allocate a substitute bay if one is unavailable (including as a result of unauthorised use by another person). Any substitute bay may be in the car park or in another nearby parking site.

The car park proprietor will assist with any parking issue if one occurs. If there are no bays available, please contact the car park proprietor.

Breach Notice:

– If your Session has expired or you are in breach of the above terms, you agree you have breached these conditions and are parking unlawfully and without authority and may be issued a notice requiring you to pay within 21 days a sum no greater than $85.00, which are the reasonable costs incurred by us in enforcing the terms and conditions of this car park.

– If you are issued a notice and you do not pay the sum specified within 21 days of date of issue, then we will send a reminder notice, and you agree to pay the further sum of $20.00 being an estimate of our further administrative costs.

– If you are issued a reminder notice and you do not pay the sum specified therein within 7 days of the date of the reminder notice;

you agree that:

– We may use a debt collection agency to enforce payment of the money owing by you and the cost of the said debt collection; and

– You are liable for full solicitor/client costs incurred by us in enforcing payment of the money owing by you.

Towing:

If you contravene any of the above terms, you agree that we may remove your vehicle by having it towed at your risk and expense, and we may hold the vehicle until all outstanding debt has been paid, this to be in addition to or as an alternative to issuing a notice. If we have your vehicle towed, you agree that the vehicle will be released only upon payment of the release fee from the towing company and payment of any outstanding debt owed by you to us. 

Payment Dishonour:

If your credit-card transaction is declined or dishonours, we reserve the right to re-process the transaction at a later date and to charge an additional fee of $20 in respect of our administrative costs in doing so.

General Terms and Limitations

This part of these terms and conditions apply to any contract between you and ParkMate and between you and the car park proprietor, relating to the use of the ParkMate App and to the booking and use of a carpark space at a car park.

– You are liable for any damage to the car park caused by you or your vehicle.

– The vehicle will remain solely at your risk while it is at the car park.

– ParkMate and the car park proprietor cannot guarantee the security of your vehicle or its contents.

– Except as provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, the liability of ParkMate and the car park proprietor for any claim by you or any other person, including (but not limited to) any claim for loss or damage to your vehicle or any other vehicle OR for loss or damage to the contents of your or any other vehicle OR resulting from using the ParkMate App or the car park or being unable to use the ParkMate App or the car park OR for negligence OR for personal injury OR otherwise, will be limited to providing a refund of the amount paid by you for the Electronic Pass which relates to the service giving rise to the liability.

– We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorised to accept any of your possessions for safe custody, except the keys to your vehicle where possession is taken at our request.

– You agree to indemnify us in respect of any claim made against us arising from your use of the ParkMate App or the car park or the use of the car park by anyone else acting on your instructions or under your authority.

Miscellaneous:

– You must provide us with your full name and address if asked by us. You agree that we may obtain the name and address of the owner of the vehicle from the motor vehicle register and pass this information to third parties for the purposes of debt recovery in accordance with these conditions.

– Any private information which you give to us or we collect about you from a third party including your name, address, contact details, credit card and number plate information may be used for the purposes of providing the services herein, to identify you entering and leaving the car park and for our internal planning and business purposes. We may also use anonymised and generic information regarding your use of the ParkMate App and the car park to undertake research on service patterns and to promote our business.

– If we fail to act or pursue any right or remedy available to us, this will not in any way prejudice our right to exercise that or any other right or remedy.

– No one is authorised to amend these conditions or make representations on our behalf.

– We may use automatic number plate recognition at the car park to monitor compliance with these conditions. If requested, you must provide us with your vehicle number plate details when obtaining your electronic payment.

– We may use visual and audio surveillance and recording equipment in and around this car park for the purpose of protecting our lawful interests, and for protecting the safety and security of our employees, agents and contractors, and our customers.

Dictionary:

To avoid any confusion as to the meaning of these conditions:

Customer” means a person who uses a carpark space provided by the car park proprietor and facilitated by the ParkMate App;

claim” includes any claim for damage, loss or compensation; and any demand, remedy, liability or action;

damage” includes direct, indirect, consequential and special damage;

Electronic Pass” means a valid active Session for a carpark space at a car park, operating through the ParkMate App;

Car Park” means the location of the parking site provided by the car park Site proprietor;

car park proprietor” means the supplier of parking facilities managed through ParkMate;

notice” means Parking Enforcement Breach Notice;

outstanding debt” includes previous unpaid parking fees and/or unpaid notices;

ParkMate App” means the device or website application designed and offered by ParkMate for the online listing and booking of parking space at car parks;

Session” means either a pre-paid or post-paid session using the ParkMate App by which a carpark space can be booked and used at a car park based on a start time and expiry time;

vehicle” includes its accessories and contents;

– “we” and “us” means ParkMate Limited is respect of the ParkMate App and the car park proprietor identified in the ParkMate App in respect of the car park, together with their employees, agents and independent contractors;

you” includes both the driver and the owner of a vehicle entering the car park; and

your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.

ALL OTHER ENQUIRIES EMAIL SUPPORT@PARKMATE.CO.NZ

ParkMate Terms and Conditions: Customer Sign-in
What these Terms are About ? These terms and conditions govern your signing-on to use the ParkMate App.

Please read these terms and conditions before you use the ParkMate app.

You should refer to the dictionary below for the definition of words and expressions used in these terms and conditions.

These terms and conditions must be read together with the “ParkMate Terms and Conditions: Customer Parking” which are applicable when you use the ParkMate App to book a carpark space. If there is a conflict, then the “ParkMate Terms and Conditions: Customer Parking” will take precedence.

We can change these terms and conditions at any time. By using the ParkMate Service after we have published a revision on the ParkMate app or website, you agree to be bound by the revised terms and conditions. It is your responsibility to be familiar with our terms at all times.

By registering with ParkMate you accept these terms and conditions. If you do not accept these terms and conditions, you must not use ParkMate.

ParkMate Terms – Registration:

Becoming a registered customer of ParkMate is free and forms a legally binding contract between us. You must become a registered customer before you can use the ParkMate Service.

 Once registered you may use the ParkMate App to purchase Electronic Passes for parking Sessions at a Carpark Site.

 ParkMate’s liability in relation to your use of the ParkMate Service is governed by the general terms and limitations below.

Becoming a Registered Customer:

You will need to provide some information to ParkMate to allow us to identify you and to charge the applicable parking fees. 

You must not allow other parties to use your ParkMate registration and you will not impersonate other parties in any registration whether or not you know the person or business.

Updating Your Information:

We will provide you with ways in which you can alter, update and add personal data, including your email address, business details, bank details, password and phone number, however the responsibility for updating the information rests solely with you.

Accurate Information:

You warrant that you have provided complete, accurate and current personal information when registering with ParkMate. You must maintain and update your personal or business information held by us to ensure it is kept current at all times. We may contact you to verify these details.

You will not use ParkMate to publish any, misleading, false, offensive, defamatory, fraudulent or illegal information or content.

We reserve the right to remove any content from your listing at our sole discretion.

Closing your Account:

You may close your account at any time using the ParkMate website. 

This is available through the myaccount.parkmate.co.nz.  Once disabled the account information is kept for a period of time where required to meet statutory obligations.  You are free to request from ParkMate details of the information which has been retained by contacting support@parkmate.co.nz

Parking and Transaction Fees:

ParkMate will charge you the parking fees applicable plus a customer or electronic transaction fee each time you make a payment using the ParkMate Service.

When you purchase parking through the ParkMate Service you are authorising Advam to debit your nominated credit/debit card(s).

Parking Fees are inclusive of GST (if any) and in New Zealand Dollars.

Parking Fees may vary from time to time without prior notice.

Refund Requests:

If you believe a refund is due, please email support@parkmate.co.nz, with all relevant information as to why a refund should be considered.

Messaging with the Operator:

You can message the Operator of a Carpark Site prior and during a parking Session to make enquiries as to the Carpark Site or carpark space. ParkMate takes no responsibility for the content between you and the Operator.  Messages from you must be honest, accurate, and not include any derogatory remarks, inflammatory language, misleading or false information, or be offensive.  ParkMate reserves the right to review and delete messages and if necessary to terminate your ability to continue using the ParkMate Services.

Privacy:

ParkMate collects information about you so that we can provide you with our ParkMate Services. If we are not able to collect your personal data we may be unable to provide all the services to you.

Information you provide us directly: When you use the ParkMate App or our website we may ask you for information about you. For example we may ask you for your contact name, username, password, address, phone number and other personal information when you sign up, or respond to an email or joining us on social media and make contact with us with questions regarding support.

If you don’t want to supply us the information you don’t have to, but that might mean we cannot supply part of our services to you.

Information we collect automatically: We also collect certain types of information automatically when you use our ParkMate Services. Such information may include App and web usage data, transaction information such as time, amounts charged and your locations. We may also collect information about how you have used our services, for example if you have used a link to our website, your IP address, access times and device information. We may use cookies and other technologies to collect and store information when you use our services.

Information we get from third parties: We may also obtain information from third parties to help us verify information supplied or processed, for example transactions, social media outlets or marketing agencies.

How we use your data: We may use your personal information to help provide the ParkMate Services to you and others, and to report to you by using the data collected and displayed through the web or App.

You agree that we may also use this information for internal research purposes, to verify your identity, for promoting and marketing our merchants to you and for any other use that you authorise. We may also analyse your information and the information of others (sometimes using third parties) to help improve our services.

Notwithstanding any other provision of this agreement, ParkMate may make non-specific information about its business (e.g. numbers of customers, geographic spread, turnover, transaction types and value etc.) available to prospective investors, bankers and purchasers for due diligence purposes. In the event of the sale of any or all of the ParkMate business, your information will be released to the purchaser for the purpose of continuing the service.

If you don’t believe you have an account or relationship with us, but think that someone has entered your personal data into our systems via the web services or App, you will need to contact ParkMate who will be able to assist and review the situation, though support may not be able to give any information out to you due to the other party’s privacy requirements. ParkMate will do its utmost to assist and deal with this situation based on current governing law.

Who we disclose your information to:  In order to provide, manage and improve our services, we may need to disclose your personal information to other companies in our group and to our contractors. We will ensure that these parties will use your personal information consistently with these privacy terms.

Breach:

Without limiting any other rights and remedies available to us, we may without prior notice limit your use of the ParkMate Service, terminate your membership, or refuse to provide our services to you if in our opinion you breach these terms and conditions.

ParkMate reserves the right to block anyone from using the ParkMate Service at its sole discretion.

Disclaimer:

You expressly understand and agree that you use the ParkMate Service at your own risk.

While ParkMate and its partners and suppliers have used their reasonable endeavours to ensure that appropriate systems are in place to reduce the risk of credit card abuse and other forms of fraudulent activity, we are not responsible for protecting you and merchants from credit card abuse or other forms of wrongful or fraudulent activity.

ParkMate does not accept any liability for any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of our system.

ParkMate accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

ParkMate accepts no responsibility or liability for any issues which may arise between you and owners of the land or building on which you park.

Liability:

We will endeavour to make the ParkMate Service available to you, but we cannot guarantee that the service will be fault free and or that the service will be running and available 100% of the time. Your access to the system may be restricted due to maintenance or other uncontrollable outages. Such disruptions will not constitute a breach by us of the service provided.

Except as provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, the liability of ParkMate to you or any other person under or in connection with these terms and conditions, or in connection with the ParkMate Service, the website, the App, or your use of or inability to use the ParkMate Service, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity:

By using the ParkMate Service you agree to release and indemnify us and to keep us indemnified from and against all actions, claims, costs (including legal costs and expenses on a full solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you or a merchant to complete a transaction or out of or in connection with your use of the service. This includes loss due to any loss of goodwill or reputation.

Force Majeure:

Without prejudice ParkMate has no liability for any lack of performance, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

Security of Your Information:

You are responsible for keeping your login information, including your username and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your user login information; and not to disclose, or provide to any other person your username, password or any other information in connection with your user identification that may allow them to gain access to your account.

ParkMate regularly reviews the security of its data. ParkMate cannot guarantee data security, but uses its best efforts in securing all data used.

ParkMate does not store user’s credit card details.  This is contained with the bank processor Advam Pty Ltd, the use of the ADVAM Gateway and their processes are PCI DSS Level 1 compliant, the industry’s highest level of certification. Their processes are reviewed annually via an intensive onsite audit that ensures the highest compliance levels are maintained and adhered to.

Intellectual Property Rights:

ParkMate or its assigns, own all proprietary and intellectual property rights of the service and in the website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this service or website; or commercialise, copy, or on sell any information, or items obtained from any part of the service or website.

Consumer Guarantees Act:

Nothing in these terms and conditions will limit the effect of the Consumer Guarantees Act 1995, except to the extent permitted by the Act.

No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Governing Law:

These terms and conditions are governed by the laws of New Zealand. You submit to the non‐exclusive jurisdiction of the Courts of New Zealand.

Dictionary:

In these terms and conditions, the following expressions have the meanings set out:


Advam” means Advam Pty Limited;

Carpark space” means a car park used by you at the Carpark Site

Carpark Site” means the location of the parking site provided by the Operator

Customer” means a person who is a registered user of the ParkMate Service;

Customer fee” means the $0.50 fee or other value that may or may not be charged by ParkMate to the Customer for the Customer’s use of the service;

Merchant” means a business or service provider who accepts payments for its goods and/or services through the ParkMate App;


Messaging” means a facility to provide a chat service between you and the Operator;


Operator” means a supplier of parking facilities managed through ParkMate;

ParkMate” or “ParkMate Service” or “ParkMate App” means an app or web service provided by us for the online listing and booking of parking spaces at Carpark Sites;

Session” means either a pre-paid or post-paid session using the ParkMate App by which a carpark space can be booked and used at a Carpark Site based on a start time and expiry time;

we“, “us” and “our” are a reference to ParkMate Limited, together with its employees, agents and independent contractors;

website” means the URL address parkmate.co.nz;

you” and “your” are a reference to you.

Specific ParkMate Terminology of payment

Start My Parking:

– Means a Casual or Hourly session that starts a timer clock displaying the length of time the Parker has parked

– Sessions that are not stopped automatically by the App requires the Parker to manually stop the session

– The Parker must stop the session when they  leave the Car Park if not already stopped

– A Parker will be liable for all parking charges post their departure if they forget to stop an active session

Prepaid – Product:

– A Product is an offering of parking rights with a known expiry date and time.  Payment is taken at the time of purchase

– Types of Product examples are Earlybird, All Day, 24 hrs, Night, 1 Week, Long Terms

Pre-Booking:

– A booking of a bay in advance of arrival at a car park

Unreserved:

– A bay booked as a pre-booking or a long term parking right

Long Term:

– Parking greater than 24 hours and may have other restrictions to parking

Max Stay:

– Time is limited to a maximum period of parking

Closed:


– This means the Car park is closed and no casual parking is available

Refund Requests:

– If a parker believes they are due a refund for parking

Push Notifications:

– Push notifications are to the phone only, advising information pertinent to a Parker’s session

Email Receipts and notifications:

– Payment receipts are sent these can be disabled from within the App

– Email parking session notifications are sent to the registered email address advising a parking session is still running and may need attention by the Parker to stop the active session on their device

SMS Notifications:

– Used to send reminder notices and or important information as to services

Host Park Terms and Conditions: Host
What are these Terms About

These terms and conditions govern the online listing of car park spaces on the ParkMate App.  Host Park is a platform within the ParkMate App which allows a Car park Site proprietor to host private car parks for online use by Customers.

Please read these terms and conditions before you use Host Park.

You should refer to the dictionary below for the definition of words and expressions used in these terms and conditions.

These terms and conditions are the terms on which access to the Host Park service is provided. By registering with Host Park you accept these terms and conditions. If you do not accept these terms and conditions, you must not use this service.

We can change these terms and conditions at any time. It is your responsibility to be familiar with our terms at all times.

Host Park Terms – Online Listings

Becoming a registered Host is free and forms a legally binding contract between you and us on these terms and conditions. You must become a registered Host before you can use the Host Park service.

Once registered you may use the ParkMate App to list yourHost Site for use by Customers.

You authorise ParkMate as your agent, to act in relation to your Host Park listings as follows:

– To take online Customer bookings of car park spaces at your Host Site.

– To issue Electronic Passes for parking Sessions.

– To manage parking Sessions.

– To receive payments using an electronic payment facility.

– To deduct the Host Park service fees plus GST and pay the remaining balance to your nominated bank account.

It is your responsibility to ensure the availability of car park spaces at your Host Site and the accuracy of all information in your Host Park listing. You will not post any material in a listing which is misleading or deceptive or hold out that car park spaces are available at your Host Site when they are not, or their usage is restricted (other than as properly described in your listing on the ParkMate App).

ParkMate does not guarantee that car park spaces listed with Host Park will be booked or used by Customers.

ParkMate’s liability in relation to your use of Host Park is governed by the general terms and limitations below.

Becoming a Registered Host

You will need to provide some information to ParkMate to allow us to identify you and to make payments to you from parking Sessions. 

You warrant to ParkMate and to the Customers of Host Park that you are the legal owner or lessee of the Host Site(s) offered to Customers via ParkMate, and that offering the Host Site(s) to Customers will not breach the rights of any third party.

You will not allow other parties to use your Host Park registration and you will not impersonate other parties in any registration whether or not you know the person or business.

Appointment as an Agent

You appoint us as your agent to form binding agreements between you and Customers using the ParkMate App.

The terms of each Customer agreement will incorporate:

– Our ParkMate Terms and Conditions: Customer (which you can access from the ParkMate App).

– Your Host Park listing.

– The terms and conditions appearing on any sign or noticeboard at the Host Site.

If there is a conflict, then the sources listed will take precedence in the order in which they appear.

You may not incorporate any additional terms other than the restrictions clearly included in your listing. You will not propose to the customer any additional terms or amendments after a booking has been made, without our consent.

You authorise ParkMate to act as your agent for enforcing the customer agreements, including arranging towing where appropriate and charging administration and overstay fees.

Updating Your Information

We will provide you with ways in which you can alter, update and add personal data, including your email address, business details, bank details, password and phone number, however the responsibility for updating the information rests solely with you.

Accurate Information

You warrant that you have provided complete, accurate and current personal information when registering with Host Park. You must maintain and update your personal or business information held by us to ensure it is kept current at all times. We may contact you to verify these details.

You will not use Host Park to publish any, misleading, false, offensive, defamatory, fraudulent or illegal information or content.

We reserve the right to remove any content from your listing at our sole discretion.

Breach

Without limiting any other rights and remedies available to us, we may without prior notice, limit your use of Host Park or terminate your membership or refuse to provide our services to you if in our reasonable opinion you have breached these terms and conditions.

ParkMate reserves the right to block anyone from using Host Park at its sole discretion.

Closing your Account

You may close your Host Park account at any time using the ParkMate App. 

Once disabled your account information is kept for a period of time where required to meet statutory obligations.  You are free to request from ParkMate details of the information which has been retained by contacting HostPark@ParkMate.co.nz

Service Fee(s)

We will deduct our fees for the use of Host Park at source from each parking transaction. The Host Park fees are calculated on total receipts from Customers, and a net fee is paid on each parking transaction.

Where a Customer payment is dishonoured or reversed, or where ParkMate refunds any amount paid by a Customer, ParkMate will deduct the amount of refund, reversal or dishonour from the net amount paid to the Host.

You will not charge any additional amounts to, or accept any payments directly from any Customer.

You are responsible for your own taxation obligations in relation to any payments received through Host Park, including without limitation, GST and Income tax.

The current standard Host Park fees are set as follows:

– 20% of the parking value paid for a car park space and;

– 50c per paid parking transaction. 

The above fees may vary from standard when a management arrangement exists between us.

The standard fees set out above may also change from time to time and at our sole discretion. Any change to standard fees will be communicated to you no less than 30 days prior to the change via email.

Monthly Payment to the Host

ParkMate will deposit the net fees paid by Customers and received by us after deduction of the Host Park fees, to your nominated bank account on the 15th of each month following or the next business day if the 15th falls on a weekend or public holiday.

Host Park Transactions

Host Park financial transactions are available to view through the transaction tab of the ParkMate App.  A transaction summary with an invoice will be provided at each period end identifying each transaction and fees deducted.  This will be sent to you automatically at the end of each payment period.

If you are GST registered, relevant information will be provided in our transaction summary and invoice at each payment period to enable you to file your GST returns. We will provide a GST invoice on your behalf to Customers. You must not separately provide any Customer with a tax invoice for parking services.

Host Park Refunds

You can request a refund for a Customer by emailing HostPark@ParkMate.co.nz , who will review and process the refund if approved.  An email of the refund request being accepted or declined will be advised by return email.  ParkMate expect the time-frame for refunds to be completed within 3 working days.

You must request any refunds within 5 days of the period end (end of month) in order for it to be accepted. This is to ensure these are processed within the period in which the refund relates.

A Customer may request a refund direct to ParkMate. In this case ParkMate will contact the Host for clarification of the refund request, prior to a refund being made.

Advertising

ParkMate reserves the right to advertise incentives, offers, promotions and sponsorship for ParkMate and third-party retailers, business or service providers within the App.

ParkMate reserves the right to offer premium in-app advertising free options.

All advertising will be reviewed against ParkMate Advertising Policies which can be found on the website.

Subletting

No car park space may be offered through the ParkMate App if you are using or leasing it through another parking operator or if it is located on rental property or land not owned by you, unless their terms and conditions allow such subletting and all necessary consents have been obtained.  This means that if a Host Site or car park space is on a term contract with another parking operator, the Host Site or car park space cannot be made available through Host Park.

In all cases where ParkMate discovers that you have or may have sublet a car park space, ParkMate reserves the right to suspend the Host Site.  ParkMate will communicate with you to assist in this determination as whether or not to allow the continuation of a sublet if one is found or advised by other parties.

Host Messaging with the Customer

A Host can message a Customer prior and during a parking Session to make enquiries as to the Host Site or car park space. ParkMate takes no responsibility for the content between the Customer and the Host.  Messages from the Host must be honest, accurate, and not include any derogatory remarks, inflammatory language, misleading or false information, or be offensive.  ParkMate reserves the right to review and delete messages and if necessary to terminate the ability of the Host to continue using Host Park or ParkMate services.

Health and Safety

You agree to take all practicable steps to ensure that any Host Site is safe and secure and that any hazards in the Host Site have been eliminated, isolated or mitigated to the greatest extent possible.

Changes to the App and/or Website

ParkMate, will from time to time make improvements to and release updates for both the website and the ParkMate App.

We will use all reasonable steps to ensure that appropriate systems are in place to reduce outages and problems to the Customer or the Host.

Host Enforcement options

ParkMate is not responsible for enforcement services at a Host Site.

You must ensure that appropriate signage is correctly displayed and visible to Customers upon entering a Host Site.

ParkMate can offer enforcement services to you using third parties selected by us. You should refer to our Host Enforcement Terms and Conditions. 

Privacy

ParkMate collects information about you and the Host Site so that we can provide you with our ParkMate services. If we are not able to collect your personal data we may be unable to provide all the services to you.

Information you provide us directly: When you use the ParkMate App or the website we may ask you for information about you.  For example, we may ask you for your contact name, username, password, address, phone number and other personal information when you sign up, or respond to an email or join us on social media or contact us with questions regarding support.

We may also collect information about the Host Site, including your description of the car park spaces, photo images and imbedded data such as location and device information; and you will need to give us financial information such as your bank account details which will enable us to make payments to you using our services.

If you don’t want to supply us the information you don’t have to, but that might mean we cannot supply parts of our services to you.

Information we collect automatically: We also collect certain types of information automatically when you use our ParkMate services. Such information may include App and web usage data, transaction information such as time, amounts charged and your location. We may also collect information about how you have used our services, for example if you have used a link to our website, your IP address, access times and device information. We may use cookies and other technologies to collect and store information when you use our services.

Information we get from third parties: We may also obtain information from third parties to help us verify information supplied or processed, for example transactions, social media outlets or marketing agencies.

How we use your data:  We may use your personal information to help provide the ParkMate services to you and others, to report to you by using the data collected and displayed through the web or App and at period end to settle transactions associated to the Host.

You agree that we may also use this information for internal research purposes, to verify your identity, for promoting and marketing our merchants to you, and for any other use that you authorise. We may also analyse your information and the information of others (sometimes using third parties) to help improve our services.

Notwithstanding any other provision of this agreement, ParkMate may make non-specific information about its business (e.g. numbers of Customers, geographic spread, turnover, transaction types and value etc.) available to prospective investors, bankers and purchasers for due diligence purposes. In the event of the sale of any or all of the ParkMate business, your information will be released to the purchaser for the purpose of continuing the service.

If you don’t believe you have an account or relationship with us, but think that someone has entered your personal data into our systems via the web services or App, you will need to contact ParkMate who will be able to assist and review the situation, though support may not be able to give any information out to you due to the other party’s privacy requirements.  ParkMate will do its utmost to assist and deal with this situation based on current governing law.

ParkMate may use information in the course of its business to market Host Sites and this information may be supplied to third party marketing agencies.

Who we disclose your information to:  In order to provide, manage and improve our services, we may need to disclose your personal information to other companies in our group and to our partners. We will ensure that these parties will use your personal information consistently with these privacy terms.

Disclaimer

You expressly understand and agree that you use Host Park at your own risk.

While ParkMate and its partners and suppliers have taken all reasonable steps to ensure that appropriate systems are in place to reduce the risk of credit card abuse and other forms of fraudulent activity, we are not responsible for protecting ParkMate Hosts and merchants from credit card abuse or other forms of wrongful or fraudulent activity.

ParkMate does not accept any liability for any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of our system.

ParkMate accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

ParkMate accepts no responsibility or liability for any issues which may arise between you and a Customer.

Liability

We will endeavour to make Host Park available to you, but we cannot guarantee that the service will be fault free or that the service will be running and available 100% of the allowable time.  Your access to the system may be restricted due to maintenance or other uncontrollable outages.  Such disruptions will not constitute a breach by us of the service provided. 

Notwithstanding any other term of this agreement, you agree that, to the maximum extent permitted by law, any and all liability and responsibility of ParkMate to you or any other person under or in connection with these terms and conditions, or in connection with the ParkMate service, the website, the ParkMate App, any ParkMate Customer act or omission, or your use of or inability to use, Host Park, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity

By using Host Park you agree to indemnify us and to keep us indemnified from and against all actions, claims, costs (including legal costs and expenses on a full solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with:

– Any claim made by a Customer in relation to their use of a car park at your Host Site under a contract formed by us as your agent.

– Your failure to comply with these terms and conditions or failure by you or a merchant to complete a transaction or out of or in connection with your use of the service. This includes loss due to any loss of goodwill or reputation.

Force Majeure

Without prejudice ParkMate has no liability for any lack of performance, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

Security of Your Information

You are responsible for keeping your login information, including your username and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your user login information; and not to disclose, or provide to any other person your username, password or any other information in connection with your user identification that may allow them to gain access to your account.

Intellectual Property Rights

ParkMate or its assigns, own all proprietary and intellectual property rights of the service and in the website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this service or website; or commercialise, copy, or on-sell any information, or items obtained from any part of the service or website.

Consumer Guarantees Act

Nothing in these terms and conditions will limit the effect of the Consumer Guarantees Act 1993, except to the extent permitted by the Act.

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Governing Law

These terms and conditions are governed by the laws of New Zealand. You submit to the non‐exclusive jurisdiction of the Courts of New Zealand.

Dictionary

In these terms and conditions, the following expressions have the meanings set out:

car park space” means the car park provided by you at the Host Site;

Customer” means a person who uses a car park space provided by you and facilitated by the ParkMate App;

Host” means you as a supplier of parking facilities managed through ParkMate;

Host Park” means the service provided within the ParkMate App that allows Hosts to list a car park space for Customers to use;

Host Site” means the location of the parking site provided by the Host;

merchant” means a business or service provider who accepts payments for its goods and/or services through the ParkMate App;

Messaging” means a facility to provide a chat service between the Customer and the Host;

ParkMate App” means the device or website application designed and offered by ParkMate for the online listing and booking of parking spaces at Host Sites;

Session” means either a pre-paid or post-paid session using the ParkMate App by which a car park space can be booked and used at a Host Site based on a start time and expiry time;

transaction fee” means the $0.50 fee or other value that may or may not be charged by ParkMate to the Customer for the Customer’s use of the service;

we“, “us” and “our” are a reference to ParkMate Limited, together with its employees, agents and independent contractors;

website” means the URL address myaccount.ParkMate.co.nz;

you” and “your” are a reference to you.

Host Site Terms and Conditions: Customer
What are these Terms About

You should refer to the dictionary below for the definition of words and expressions used in these terms and conditions.

We can change these terms and conditions at any time. It is your responsibility to be familiar with our terms at all times.

ParkMate Terms – Online Bookings

This part of these terms and conditions forms a contract between you and ParkMate for the use of the ParkMate App.

You may use the ParkMate App to purchase an Electronic Pass for a parking Session at the Host Site. On acknowledgement of payment, ParkMate will arrange and manage the Session.

ParkMate is the agent of the Host to receive your parking fees using an electronic payment facility and has the authority to issue an Electronic Pass for a parking Session at the Host Site.

The Electronic Pass is valid for the entire duration of the vehicle’s parking Session.  No ticket is issued and the Electronic Pass continues as an active Session displayed within the App.

It is your responsibility to ensure an active Session is operational and showing on your device while the vehicle is using the car park space at the Host Site.

It is your responsibility to monitor your parking Session and leave by the appropriate time.

You will receive messages prior to a Session end time if you have these notifications turned on for the device.

If you have selected a post-pay product, where you start your parking and are required to stop the parking using the ParkMate App, you need to ensure that:

– You stop your parking on leaving the Host Site;

– You stop your parking and leave prior to the booked end time;

– You stop your parking and leave prior to closing time if the Host Site availability is not 24/7.

You must not park at a Host Site using the ParkMate App if:

– Your payment is declined;

– You knowingly do not have sufficient funds to pay for a post-pay product; or

– You believe the site is unsafe.

ParkMate will use its reasonable endeavours to ensure that its Host Site listings are accurate, but it does not guarantee the availability of car park spaces at any particular Host Site or the accuracy of listing information. These are the sole responsibilities of the Host.

ParkMate’s liability in relation to your use of the ParkMate App is governed by the general terms and limitations below.

Host Terms – Electronic Pass to use a Parking Space

This part of these terms and conditions forms a contract between you and the Host relating to the use of a car park space at a Host Site.

When you purchase an Electronic Pass, the Host through its agent ParkMate, will grant you the right to use a car park space at the Host Site. It is your responsibility to correctly identify your vehicle, select the right Host Site and parking product and manage the duration of the parking Session.

The following terms govern your use of the car park space at the Host Site:

General parking:

A pre-booked bay is a bay at the Host Site which has been booked for your use. If you have pre-booked a bay, then you must use that bay.

An unreserved bay is an unallocated bay at the Host Site which has been reserved for your use. If you have booked an unreserved bay, then you may use any of the bays within the area available for unreserved parking.

There is no guarantee that a pre-booked or unreserved bay will be available on your arrival. A bay is held for 30 minutes time restriction is pre-booked.

You must not sublet or transfer your booking to any other person or vehicle.

You may amend or cancel a booking through the ParkMate App. There may be a minimum charge even if you cancel a booking.

Long term parking:

All long term parking is unreserved unless otherwise stated.

The Host has the right to permanently substitute any long term bay(s) designated for your use by giving you one month’s notice in writing.

You agree with the Host:

To comply with all rules or directions displayed in the Host Site from time to time and with all relevant laws.

Not to obstruct other persons or vehicles using the Host Site, nor abandon the vehicle.

Not to park in any area marked “reserved” unless you possess a legal licence or lease to do so, or in any area marked “no parking”, or outside of the line-marked parking bays.

Not to park in a mobility bay without a current mobility window pass.

Not to park in any bay unless you have an Electronic Pass issued by ParkMate.

That the vehicle you are parking must have a current warrant of fitness and registration, be roadworthy, and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons or the Host Site.

That the Host may temporarily allocate a substitute bay if one is unavailable (including as a result of unauthorised use by another person). Any substitute bay may be in the Host Site or in another nearby parking site.

The Host will assist with any parking issue if one occurs. If there are no bays available, please contact the Host through the use of the messaging service within the ParkMate App.

Breach Notice:

If your Session has expired or you are in breach of the above terms, you agree you have breached these conditions and are parking unlawfully and without authority and may be issued a notice requiring you to pay within 21 days a sum no greater than $85.00, which are the reasonable costs incurred by us in enforcing the terms and conditions of this car park.

If you are issued a notice and you do not pay the sum specified within 21 days of date of issue, then we will send a reminder notice, and you agree to pay the further sum of $20.00 being an estimate of our further administrative costs.

If you are issued a reminder notice and you do not pay the sum specified therein within 7 days of the date of the reminder notice, you agree that:

– We may use a debt collection agency to enforce payment of the money owing by you and the cost of the said debt collection; and

– You are liable for full solicitor/client costs incurred by us in enforcing payment of the money owing by you.

Towing:

If you contravene any of the above terms, you agree that the host may remove your vehicle by having it towed at your risk and expense, and we may hold the vehicle until all outstanding debt has been paid, this to be in addition to or as an alternative to issuing a notice. If we have your vehicle towed, you agree that the vehicle will be released only upon payment of the release fee from the towing company and payment of any outstanding debt owed by you to us. 

Payment Dishonour:

If your credit-card transaction is declined or dishonours, we reserve the right to re-process the transaction at a later date and to charge an additional fee of $20 in respect of our administrative costs in doing so.

Customer Messaging with the Host

A Customer can message a Host prior and during a parking Session to make enquiries as to the Host Site or car park space. ParkMate takes no responsibility for the content between the Customer and the Host.  Messages from the Customer must be honest, accurate, and not include any derogatory remarks, inflammatory language, misleading or false information, or be offensive.  ParkMate reserves the right to review and delete messages and if necessary to terminate the ability of the Customer to continue using Host Park or ParkMate services.

General Terms and Limitations

This part of these terms and conditions apply to any contract between you and ParkMate and between you and the Host, relating to the use of the ParkMate App and to the booking and use of a car park space at a Host Site.

You are liable for any damage to the Host Site caused by you or your vehicle.

The vehicle will remain solely at your risk while it is at the Host Site.

ParkMate and the Host cannot guarantee the security of your vehicle or its contents.

Except as provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, the liability of ParkMate and the Host for any claim by you or any other person, including (but not limited to) any claim for loss or damage to your vehicle or any other vehicle OR for loss or damage to the contents of your or any other vehicle OR resulting from using the ParkMate App or the Host Site or being unable to use the ParkMate App or the Host Site OR for negligence OR for personal injury OR otherwise, will be limited to providing a refund of the amount paid by you for the Electronic Pass which relates to the service giving rise to the liability.

We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorised to accept any of your possessions for safe custody, except the keys to your vehicle where possession is taken at our request.

You agree to indemnify us in respect of any claim made against us arising from your use of the ParkMate App or the Host Site or the use of the Host Site by anyone else acting on your instructions or under your authority.

Miscellaneous:

You must provide us with your full name and address if asked by us. You agree that we may obtain the name and address of the owner of the vehicle from the motor vehicle register and pass this information to third parties for the purposes of debt recovery in accordance with these conditions.

Any private information which you give to us or we collect about you from a third party including your name, address, contact details, credit card and number plate information may be used for the purposes of providing the services herein, to identify you entering and leaving the Host Site and for our internal planning and business purposes. We may also use anonymised and generic information regarding your use of the ParkMate App and the Host Site to undertake research on service patterns and to promote our business.

If we fail to act or pursue any right or remedy available to us, this will not in any way prejudice our right to exercise that or any other right or remedy.

No one is authorised to amend these conditions or make representations on our behalf.

We may use automatic number plate recognition at the Host Site to monitor compliance with these conditions. If requested, you must provide us with your vehicle number plate details when obtaining your electronic payment.

We may use visual and audio surveillance and recording equipment in and around this Host Site for the purpose of protecting our lawful interests, and for protecting the safety and security of our employees, agents and contractors, and our customers.

Dictionary:

To avoid any confusion as to the meaning of these conditions:

Customer” means a person who uses a parking space provided by the Host and facilitated by the ParkMate App;

claim” includes any claim for damage, loss or compensation; and any demand, remedy, liability or action;

damage” includes direct, indirect, consequential and special damage;

Electronic Pass” means a valid active Session for a car park space at a Host Site, operating through the ParkMate App;

Host” means a supplier of parking facilities managed through ParkMate;

Host Site” means the location of the parking site provided by the Host.

messaging service” means a chat facility within the ParkMate App to enable you and the Host to communicate;

notice” means Parking Enforcement Breach Notice;

outstanding debt” includes previous unpaid parking fees and/or unpaid notices;

ParkMate App” means the device or website application designed and offered by ParkMate for the on-line listing and booking of parking space at Host Sites;

Session” means either a pre-paid or post-paid session using the ParkMate App by which a car park space can be booked and used at a Host Site based on a start time and expiry time;

vehicle” includes its accessories and contents;

we” and “us” means ParkMate Limited is respect of the ParkMate App and the Host identified in the ParkMate App in respect of the Host Site, together with their employees, agents and independent contractors;

you” includes both the driver and the owner of a vehicle entering the Host Site; and

your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you;

ALL OTHER ENQUIRIES TELEPHONE 0800PARKING

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