Terms And Conditions

General Terms

  1. This agreement ("Agreement") is between Prime Park (“Us” or “We”) and a user (“You”) of the Prime Park website (“Site”) about the services (“Services”) relating to the use of the Website.
    1. A user may have an account (“Account”) created for them so that they can act as a renter ("Renter"), that is someone who has booked or intends to book a parking space ("Parking Space") or act as a owner ("Owner"), that is, the owner or operator of the parking space which is to be listed or has been listed.
  2. We may amend these terms from time to time. Any amendments or new terms and conditions will be provided to you. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website you will be deemed to have accepted the new terms.
  3. By entering into this Agreement you also agree to our Privacy Policy which is available on the Website.
  4. We may assign, sub-contract our rights and obligations under this Agreement without your consent.
  5. You agree that these terms are fair and reasonable in all circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
  6. No delay on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.
  7. We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space Booking Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Website.
  8. To register or make a booking we will require that the Renter provide us with adequate information, including but not limited to; full name, address, date of birth, mobile number, car registration number, car make, car model and car colour and a valid email address. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to the Prime Park Privacy Policy ("Privacy Policy"). The Privacy Policy forms part of this Agreement.
  9. We will not be held responsible if you fail to provide contact information and you do not receive a booking confirmation or other information from us that may be expecting. If you become aware that you have supplied invalid contact information, please contact us immediately to correct the information we hold about you.

Limitation of liability

  1. Prime Park will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will Prime Park be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of errors, mistakes, or inaccuracies on the Website or related services
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website services or any booking with an Owner to the fullest extent permissible by law,
  3. any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein,
  4. any interruption or cessation of transmission to or from the Website,
  5. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
  6. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and
  7. you further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  8. No claim may be brought against us in relation to this Agreement more than 1 months following the Booking to which the claim relates.
  9. We will not be liable to you in the event of a claim by a Renter or Owner against you and, for the avoidance of doubt; we shall not be required to return any money received by us under this Agreement to either you or the Renter or Owner in such circumstances.
  10. We will not be liable to you for any loss or damage, in the event of a claim by a Renter or Owner against you and, or your property, or anyone connected to you or your property.

Parking Spaces

  1. You agree that the Website is a platform for advertising Parking Spaces owned or controlled by Owners and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Owner.
  2. Whilst we endeavour to ensure that Parking Spaces listed on the Website are of a high quality we offer no guarantee as to the Parking Space's suitability for the Renter’s requirements. Similarly, we rely on the Owner for details about a Parking Space given on the Website whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
  3. A Renter is only able to book a Parking Space advertised on the Website once agreed by the Owner. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.

Advertising and Commercial Use

  1. Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
  2. You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
  3. In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

Disclaimers

  1. If you choose to use the Website, you do so at your own risk. You acknowledge and agree that Prime Park does not have an obligation to conduct background checks on any Owner or Renter.
  2. The Website or related services are provided "as is", without warranty of any kind, either express or implied, other than statutory warranties which cannot be excluded.
  3. Prime Park makes no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Prime Park makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or related services.
  4. No advice or information, whether oral or written, obtained from Prime Park or through the Website or related services will create any warranty not expressly made herein.
  5. You are solely responsible for all of your communications and interactions with other users of the Website and with other persons with whom you or interact as a result of your use of the Website, including, but not limited to, any Owners.
  6. You understand that Prime Park does not make any attempt to verify the statements of users of the Website or Services or to review or visit any Parking Spaces. Prime Park makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website or Services.
  7. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Owners, particularly if you decide to meet in person.
  8. We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Owner during the Booking Period. We act as agent for the Owner and by making a Booking the Renter is entering an agreement with the Owner under which the Owner is bound to provide you with the Parking Space, subject always to this Parking Space Booking Agreement.
  9. Unless stated otherwise in these Terms, once we have confirmed the Renter's Booking we have no further obligation to the Renter in relation to the Parking Space, the Booking Period or Booking and all responsibility lies with the Owner.
  10. We make great efforts to ensure that our Owners offer a good service and provide their Parking Space in accordance with Renter expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Owner generally do not meet the requirements of the Renter or. The right of action or claim in such circumstances will be against the Owner but we may assist (at our discretion) in seeking to resolve a dispute between the Renter and the Owner.
  11. You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform.
  12. You agree to not attempt to contact a Owner or Renter directly until a Booking has been confirmed or until given direction to do so by Prime Park.
  13. You agree that you will not create any false account with Prime Park or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering.
  14. We act as the Owner's agent for the purposes of forming binding agreements between the Renter and the Owner but have no liability to you in relation to the Parking Space or the Booking other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Renters or Parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.

Accounts

  1. You agree that you will not create any false account with Prime Park or use your account with Prime Park for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
  2. You agree to not accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting;
    1. To probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
    2. interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing;”
    3. using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
    4. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
    5. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Prime Park in providing the Website or Services.
  3. We may suspend your Account at any time should you be in breach of this Agreement.Furthermore, if you have not registered with us, we may suspend your access to the Website if we believe you to be in breach of this Agreement.
  4. If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings or listings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
  5. Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.
  6. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).

Promotional Codes

  1. Parking space has to be available for three months.
  2. We reserve the right to terminate the Programme or change the terms at its own discretion at any time.
  3. Have the right to refuse an entry for violating T&Cs.
  4. Our failure to enforce a particular Term or Condition does not constitute a waiver of that Term or Condition by us.
  5. All questions or disputes regarding eligibility or the Programme or the eligibility of rewards of accrual will be resolved by Prime Park in its sole discretion.
  6. You may not redeem or exchange the Coupon Code or applicable discount for cash. You may not use or combine the Coupon Code with any other Promotions or Promotional codes unless permitted by Prime Park.
  7. Any subsequent refund will be limited to the amount actually paid.

Further questions

If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at help@primepark.com.au.