In these terms and conditions (Terms), “UbiPark”, “us”, “we” and “our” means UbiPark Pty Ltd (ACN 164 474 391). We operate and maintain the:
- UbiPark application (Application);
- UbiPark website accessible at http://ubipark.com/ (Website) as outlined further in section 1; and
- services provided through the Application and Website, including UbiPay and UbiPark Access as outlined further in section 1,
(together the UbiPark Services).
1.1 It is strictly prohibited to use the UbiPark Services, including the Application, in any way whatsoever while you are driving a vehicle and/or in any way that may interfere with your attention to driving or the road conditions. Any information provided in or via the UbiPark Services does not and is not intended to replace any information regarding traffic conditions or laws relating to traffic, road safety and the use of smartphones or other Internet-enabled devices while driving.
1.2 The UbiPark Services are available for you to download, access and use provided that you accept these Terms. By downloading or continuing to access or use the UbiPark Services you are agreeing to be bound by these Terms. If you do not agree to these Terms, you must not download, access or use the UbiPark Services.
1.3 You acknowledge and agree that:
(a) the access and use of the UbiPark Services is entirely at your own risk. You are responsible for all activity in connection with your access to and use of the UbiPark Services;
(b) any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities; and
(c) we may amend, move or remove, or add to, any or all of the UbiPark Services from time to time, at our discretion, without prior notice or liability to you.
1.4 You may not use the UbiPark Services:
(a) for any activities that breach any laws including any laws relating to traffic, road safety and the use of a smartphone or other internet enabled device whilst driving, infringe any party’s rights or breach any standards, content requirements or codes of any government authority;
(b) in any manner that may circumvent, damage, disable, overburden, or impair the UbiPark Services or interfere with any other party’s access, use and enjoyment of the UbiPark Services;
(c) to distribute any virus, harmful components or other disabling computer code in any form;
(d) to distribute any explicit, sexual, vulgar, offensive, obscene, profane or inappropriate imagery or communication, as determined by UbiPark in its absolute discretion;
(e) in any manner which is or is likely to be invasive of a person’s privacy, could constitute harassment, or cause distress or inconvenience to any person;
(f) to make unauthorised access or modifications to the UbiPark Services;
(g) to obtain unauthorised or fraudulent access to any parking service featured on the Application operated by any third-party parking operator (Operator);
(h) to advertise or perform any commercial or other form of solicitation that is not authorised by us; and/or
(i) in any manner or for any purpose which is contrary to these Terms.
1.5 UbiPark reserves the right to amend these Terms from time to time. Your use of the UbiPark Services following any amendment constitutes your agreement to the Terms as amended.
- SCOPE OF SUPPLY AND USER REGISTRATION
2.1 The scope of supply of the UbiPark Services is as follows:
Website: The purpose of the Website is to provide you with information about, and links to access, the UbiPark Services including through the UbiPark Customer Console.
Application: The Application is a consolidated parking platform enabling you to locate, compare, navigate, book, facilitate access to and payment for any parking service featured on the Application operated by any Operator via a smartphone application.
The following services are provided through the Application:
(a) platform to search for and view information about any parking services which are featured on the Application;
(b) booking and paying for parking services (UbiPay); and
(c) entering and exiting parking barriers using the Application (UbiPark Access).
2.2 To access UbiPay and/or UbiPark Access, you must register as a user of the Application (User) by providing us with:
(a) your full name and email address OR access to your Facebook account;
(b) your phone number; and
(c) details of a valid payment method to enable to us deduct payments from you (i.e. a valid credit card)
If you do not provide accurate and complete details, we may not be able to register you as a User or provide the UbiPark Services to you.
2.4 UbiPark may refuse your registration as a User at its discretion without liability to you.
2.5 The contract for the supply of any parking service that you book, access and pay for through the UbiPark Services is between you and that Operator and is governed by that Operator’s terms and conditions. You must comply with that Operator’s terms and conditions for the relevant parking site. The UbiPark Services are the only services we provide to you and we do not provide you with any parking services whatsoever.
2.6 In order to use UbiPay and UbiPark Access, you must have a smartphone with internet access and be registered and logged in as a User, at the time you enter and exit the parking service.
2.7 The Application is not and must not be taken as our recommendation or endorsement of the quality, service level, value for money or suitability of any parking service or Operator located, booked, accessed or paid for via the UbiPark Services.
- FEES AND PAYMENTS
3.1 If you use UbiPay and UbiPark Access, we will charge the applicable fees payable to an Operator (Fees) for the relevant parking service that you use directly to the credit card nominated in your User Information. UbiPark will facilitate your payment of the Fees on behalf of the Operator as the Operator’s limited payment collection agent.
3.2 UbiPark utilises an Australian merchant outlet to process all payments.
3.3 You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction
3.4 If you use UbiPay and UbiPark Access on a casual basis, the Fees will be automatically calculated by electronic means. We utilise proprietary integrated software and hardware to determine the time you enter and exit an Operator’s parking service and calculate the Fees accordingly. While we endeavour to charge the Fees at the time of using the Operator’s parking service, it may take up to five (5) business days for your credit card to be charged. We reserve the right to finalise the transaction and any applicable Fees manually if reasonably required.
3.5 In the event you use the UbiPay and UbiPark Access to facilitate parking on a monthly basis, we will notify you before charging any applicable monthly Fees to the credit card nominated in your User Information. Payment will be required at least one day before the beginning of the relevant calendar month. Monthly parking will continue to renew on a month-by-month basis until terminated in accordance with these Terms. Please contact UbiPark in accordance with Clause 14 to terminate your monthly parking arrangement.
3.6 While UbiPark uses its best efforts to provide you with accurate information regarding the estimated Fees payable to an Operator for any parking service, you acknowledge and agree that all such information is controlled by the relevant Operator and not UbiPark. To the maximum extent permitted by law, we exclude all liability and warranties relating in any way to information about Fees or the amount of the Fees actually charged to your credit card.
3.7 If you misuse UbiPay, UbiPark Access, or the UbiPark Services in any material way, shape or form, we reserve the right to obtain payment of the Fees and any other amount reasonably required to compensate UbiPark in the circumstances.
3.8 An internet connection is required to use the UbiPark Services. Any fees and charges associated with establishing an internet connection to use the UbiPark Services are entirely your responsibility and at your own expense.
4.1 Any request for a refund must be made in writing to either UbiPark or the Operator for which the transaction took place. While refund requests may be directed to UbiPark, all refunds will need to be approved by the site operator before being processed.
4.2 Refund requests will be assessed on a case by case basis and a refund, whether full or partial, will only be applied for a system error resulting in an incorrect charge.
4.3 UbiPark and the relevant Operator, acting reasonably, reserves the right to refuse a refund for any Fees deducted from your UbiPark account when deducted in accordance with these terms and conditions.
4.4 Once a refund has been approved and processed, an email confirmation containing the refund amount and relevant transaction details will be sent to the email registered to your UbiPark account. Refunds may take up to 14 days to be completed and reflected in your bank account.
- INTELLECTUAL PROPERTY RIGHTS
5.1 All content on the UbiPark Services, including graphics, logos, trade marks, moral rights, text, systems, designs, source code, material or software, is protected by Australian and international copyright and trade mark law. Unless otherwise indicated, UbiPark owns or is licensed to use all intellectual property (including patents, copyright, trade marks and designs) subsisting in the content on the UbiPark Services.
5.2 We grant to you a non-exclusive, non-transferable, and revocable licence to use the intellectual property rights in relation to the UbiPark Services for the limited, non-commercial purpose of allowing you to access, use and enjoy the UbiPark Services in accordance with these Terms.
5.3 You must not, without our prior written consent:
(a) re-sell, offer to rent or lease the UbiPark Services or any part thereof;
(b) modify, adapt, translate, reverse engineer, decompile, decode, disassemble, create derivative works or in any way derive or discover source code from the UbiPark Services or any part thereof;
(c) integrate the UbiPark Services or any part thereof within a good or service of your own;
(d) reproduce, republish, upload to a third party, repost, transmit, distribute, sub-licence, assign, share, rent, lease or otherwise transfer or grant any rights in the UbiPark Services or part thereof, in any way.
7.1 By using the UbiPark Services, you warrant that:
(a) you are at least 16 years of age, or otherwise of legal age to be operating a motorised vehicle, in accordance with the law in the relevant country, state or territory;
(b) you are capable of entering into legally binding contract with UbiPark, and into a separate legally binding contract with any Operator;
(c) you are authorised and able to make payment via any credit or debit card you have provided details for in the Application;
(d) the credit or debit card the details for which you provided is valid; and
(e) the User Information that you provide to UbiPark in the Application is accurate and current, and that you will keep your User Information up to date at all times.
7.2 We will use our best efforts to provide you with the UbiPark Services, however the UbiPark Services are provided on an ‘as is’ basis only. To the maximum extent permitted by law, UbiPark excludes all warranties whether express, implied, statutory or otherwise relating in any way to the UbiPark Services, and/or any other subject matter of these Terms. Nothing in this clause restricts or modifies any right or remedy you may have under the Australian Consumer Law.
- LIMITATION OF LIABILITY
8.1 You acknowledge and agree that:
(a) your use of the UbiPark Services is entirely at your own risk;
(b) we are not responsible or liable for any loss or damage as a result of any use of the UbiPark Services by you;
(c) we do not provide any parking service and we are not liable to you for any loss or damage arising from your use or inability to use any parking service; and
to the maximum extent permitted by law:
(d) you release and discharge us and our personnel, contractors and representatives from:
(i) all claims and demands on us by you or any third party; and
(ii) any loss or damage whatsoever and whenever caused to you,
arising directly or indirectly from, or incidental to, your use of the UbiPark Services;
(e) we are not liable to you for:
(iii) any inaccuracies in or changes to the UbiPark Services, including the location of, availability of, fees payable to or the terms and conditions that apply, in respect of any parking service;
(iv) any interruptions to, delays or inability to access the UbiPark Services caused by any act, mission or default of a third-party service provider who provides goods or services for use in connection with the UbiPark Services;
(A) any infringement of intellectual property rights and rights of any third party in any way connected with the UbiPark Services;
(B) any collection, use and disclosure of your personal information or User Information or any data breach in relation to such information;
(C) any use or non-use by you of any parking service or engagement with any Operator by you; and/or
(D) any use of or engagement with any Third Party Content by you; and/or
(vi) any failure to comply with any of our obligations under these Terms if any event beyond our reasonable control occurs which prevents us from performing those obligations; and/or
(f) your sole remedy for any breach of these Terms is termination of these Terms and all other liability is expressly excluded;
(g) any challenge, dispute or cause of action you may have with respect to any booking made through, or any other use of, the UbiPark Services may only be commenced within the 6 month period after the relevant booking is made or use of the UbiPark Services occurs.
- THIRD PARTY CONTENT
9.1 The UbiPark Services may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content featured in the UbiPark Services, we:
(a) do not endorse, sponsor, verify or check any Third Party Content whatsoever, unless expressly stated otherwise;
(b) do not have any association with the operators of the Third Party Content, unless expressly stated otherwise; and
(c) are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content, or any changes or updates to the Third Party Content.
10.1 You agree to indemnify UbiPark (and our officers, directors, employers or contractors) against:
(a) any claim made against or suffered by UbiPark in connection with your use of the UbiPark Services;
(c) your breach of any rights of third parties resulting or arising from your access or use of the UbiPark Services.
- COMPLAINTS AND DISPUTES
11.1 Any complaints or disputes regarding any parking service provided by any Operator located, booked and paid for through the UbiPark Services is between you and the Operator. We are not responsible for any complaints or communications between you and the Operator and have no liability in respect of any such dealings whatsoever.
11.2 If you have any concerns or complaints about the UbiPark Services, please contact us by e-mail at firstname.lastname@example.org.
12.1 We may terminate or restrict your access to and use of the UbiPark Services at any time without giving reasons. We are not liable to you for any costs, losses or damages of any kind arising from or as a consequence of terminating your access to and use of the UbiPark Services.
12.2 You may terminate your use and access to the UbiPark Services at any time.
12.3 For UbiPay, if you terminate your use and access to the UbiPark Services before the expiry of the relevant month, you will not be entitled to any refund of any Fees paid. However, you may continue to use the parking service in respect of which you have paid until the last day of the relevant month.
12.4 If you wish for us to delete your User registration and your User Information that we hold about you, you must contact us by email at email@example.com. Please note that while we will use reasonable efforts to delete or de-identify your User Information, some information may be retained, including:
(a) in our back-ups;
(c) for legitimate business purposes, including in order for us to comply with our legal, tax and audit requirements with such information normally accessible by the management teams of UbiPark or an Operator; and
(d) where it is reasonable in the circumstances for us to retain the information.
13.1 You may link to the Website or the Application if you have obtained written consent from us, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 The Website or Application must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
14.1 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.
14.2 These Terms are governed by the laws of Victoria, Australia. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms.
14.3 All rights which are not expressly granted in these Terms are expressly reserved.
- CONTACT US
15.1 UbiPark welcomes your feedback regarding these Terms. If you have questions, comments, or concerns, please contact us by e-mail at firstname.lastname@example.org.
These Terms were last updated on 19 December 2019.