Park Adelaide terms & conditions

1. Introduction

1.1 These Conditions are in effect at all times while you are using the App. By downloading or using the App, you agree to these Conditions. Please read them carefully.
1.2 We reserve the right to amend these Conditions at any time.
1.3 If your Device is an Apple Device, these Conditions incorporate by reference Apple’s Licensed Application End User License Agreement, for the purposes of which you are “the end-user.” In the event of a conflict or inconsistency between the terms and conditions of the Licensed Application End User License Agreement and these Conditions, these Conditions will prevail.

2. Safe driving and parking

2.1 The App is not designed or intended to be used whilst driving. You must not use the App while driving and must ensure that your Vehicle is stationary and safely and legally parked whilst using the App from your Vehicle.
2.2 Parking Spaces may be provided by us or by third parties and we are not responsible for your safety, or that of your Vehicle or other property, while using them. You must exercise your own judgement in deciding whether to park your Vehicle in a Parking Space and must drive safely while entering and exiting a Parking Space.

3. Charges and payment

3.1 All Charges for parking your Vehicle are facilitated through a third-party payment processing service provider.
3.2 We currently use Braintree Australia, a service provided by PayPal Australia Pty Limited, but we may replace our third-party payment processing service provider at any time without notice.
3.3 The third-party payment processing service provider will capture and store transaction details (i.e. your Vehicle number plate and credit card details) to enable the payment to be processed and the Charges to be charged to the correct motor vehicle. We do not hold or store any credit card information.
3.4 All Charges are final and non-refundable.
3.5 All Charges are payable in Australian Dollars, and are inclusive of GST (if applicable).

4. Application of certain restrictions on stopping and parking

4.1 Depending on the Services purchased by you using the App, use of the App and payment of the Charges may entitle you to a conditional exemption from certain limited requirements of the provisions of Part 12 of the Rules – Restrictions on Stopping and Parking. In particular:
• 4.1.1 use of the App and payment of the Charges for an ‘Electronic Ticket’ relating to a Parking Space may mean you do not need to obtain or display a paper parking ticket within your Vehicle; and
• 4.1.2 use of the App and payment of the Charges for an ‘Extend Stay’ relating to a Parking Space may also exempt you from your requirement to comply with signposted time limits for the duration of the extend stay period.
4.2 These exemptions are provided by us at our absolute discretion and details of the exemptions can be viewed on this page under 'Links to Supporting Information'. You must read and comply with the conditions of these exemptions.
4.3 If the Services purchased by you and the Charges paid by you entitle you to an exemption, you will be informed of this at the time of purchase and subsequently by way of electronic communication.
4.4 If you do not comply with these Conditions or the conditions of the relevant exemption, this may cause you to be in breach of the RT Act or the Rules. This may lead to us taking enforcement action against you or the owner of your Vehicle, including the issuing of an expiation notice or the commencement of prosecution proceedings.

5. The App

5.1 You are responsible for providing your Device and any internet connectivity and telecommunications links required for your downloading and use of the App. You will be responsible to the Mobile Service Provider for all charges imposed by the Mobile Service Provider for access to network connection services whilst downloading or using the App.
5.2 While reasonable care is taken in the construction, operation and content of the App, we make no guarantee or warranty that:
• 5.2.1 the use of the App will be uninterrupted or virus and error free;
• 5.2.2 any information contained in the App or provided as part of the Service is complete, accurate or up to date;
• 5.2.3 the Services are appropriate for any particular purpose.
5.3 You must take your own precautions to ensure that the process which you employ for accessing the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Device. We are not responsible for any interference or damage to your Device which arises in connection with your downloading or use of the App or any website linked to the App.
5.4 Access to or use of the App may be terminated at any time by us without notice.

6. Links to websites

Any links to websites which may be accessed by using the App are provided for your convenience only. We have not reviewed any third party websites which may be accessed by using the App and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to the App, you do so at your own risk.

7. Third party content

The Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content or make representations about them. If you choose to access such third party services and content, you do so at your own risk.

8. Your information

8.1 Any information provided by you in connection with your registration for or downloading of the App must be accurate and complete.
8.2 You must advise us if any information you have provided to us changes.
8.3 You are responsible for the safekeeping of any user name or password provided to you or generated by you for the purposes of downloading or using the App. We will not be responsible for any unauthorised use of such user name or passwords.
8.4 We may analyse traffic using the App, or ask others to do so, and cookies may be used for this purpose. Cookies are small text files that are transferred to a user’s Device or hard drive by an application or a website for the purpose of collecting information about a user’s identity, browser type, use of mobile applications or website visiting patterns.
8.5 By the use of Cookies and by other means, we may collect and use information about your use of the App, including information about:
• 8.5.1 the dates and times you use the App;
• 8.5.2 your Device;
• 8.5.3 the locations from which you use the App;
• 8.5.4 the Parking Spaces that you use to park your Vehicle as well as the dates and times that your Vehicle enters and exits those Parking Spaces.
8.6 We may also collect, use and disclose information from your use of the App to:
• 8.6.1 analyse the technical performance, operation and security of the App;
• 8.6.2 analyse and improve the effectiveness of the Services or features of the App;
• 8.6.3 identify behaviour and trends in the general use of the App;
• 8.6.4 analyse demand for Parking Spaces and traffic movement and flows; and
• 8.6.5 conduct such other analyses or activity which we consider useful and appropriate.
None of this information identifies you nor can it be used for that purpose.

9. Your conduct

9.1 If you are not the person responsible for any charges payable to the Mobile Service Provider in respect of access to network connection services or the use of the Device, you must obtain the prior permission of the person responsible for those charges for you to download and use the App.
9.2 In downloading or using the App, you must not post or send any information or other material:
• 9.2.1 that is inaccurate or misleading or deceptive in any material respect;
• 9.2.2 that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);
• 9.2.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
• 9.2.4 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
• 9.2.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
• 9.2.6 that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
9.3 You must not use the App for:
• 9.3.1 the advertising, promotion or sale of goods or services or any other commercial activity;
• 9.3.2 any conduct that would be a criminal offence, give rise to a civil liability, or otherwise be contrary to the law in Australia,
nor may you solicit any Other User for such purposes.
9.4 You must not in using the App or in any other manner, harass, annoy, intimidate or threaten us or our employees or agents or any Other Users.
9.5 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.

10. Our liability and disclaimers

Except where otherwise required by law (including the Australian Consumer Law):
10.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with these Conditions, your use of the App, the provision of the Services and the licence in clause 12.3 are excluded;
10.2 neither we or our licensors are liable in tort for any loss or damage suffered by you or by any other person;
10.3 we do not accept responsibility for any Liabilities which you may incur in connection with these Conditions, your downloading or use of the App or any linked website, the provision of the Services or the licence in clause 12.3, and you release us and our licensors from any Claim relating to such Liabilities;
10.4 in no circumstances will we or our licensors be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with these Conditions, your downloading or use of the App, any linked website or the licence in clause 12.3;
10.5 you indemnify us and our licensors against all Liabilities which we or our licensors may incur in connection with these Conditions, your downloading or use of the App, any linked website and the licence in clause 12.3;
10.6 you release us and our licensors from any Claim in connection with these Conditions, your downloading or use of the App, any linked website and the licence in clause 12.3.

11. Privacy

11.1 We are not subject to the Privacy Act but we are committed to protecting your privacy. We collect Personal Information to carry out our functions (including our regulatory activities) and to provide and market our services. We may disclose that information to our suppliers, contractor and advisors who assist us in these activities.
11.2 If you do not provide us with any Personal Information we may request from you, we may not be able to carry out our functions, provide you with our services or otherwise assist you.
11.3 We will not provide Personal Information to overseas recipients without consent unless required or authorised by law.
11.4 Our Privacy Policy contains information about how you may access or correct information we hold about you, how you can complain about a breach of privacy and how we will deal with such complaints.

12. Intellectual property

12.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the App.
12.2 Copyright and other Intellectual Property Rights in the App and all material which may be accessed by using the App (including any underlying software codes and programs) are held by us or licensed by us.
12.3 We grant you a non exclusive non transferrable royalty free licence to print and download material from the App (including by taking screen shots) for your personal and non commercial use, provided that you do not modify such material without our consent.
12.4 The licence in clause 12.3 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Conditions.
12.5 Subject to the limited licence in clause 12.3, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not, in any form or by any means:
12.5.1 download, print, display, perform, reverse engineer, modify, reproduce, transmit, disseminate or publish such material;
12.5.2 create derivative works from any part of such material; or
12.5.3 commercialise any information, products or services obtained from any part of the material, without our consent or, in the case of third party material, the consent of the owner of the copyright in that material.
12.6 With the exception of Personal Information, the use of which is covered under our Privacy Policy, any material you post or send in connection with your registration for or you downloading or use of the App, or which you otherwise provide to us, will be considered non-proprietary and not confidential.
12.7 By posting or sending material in connection with your registration for or you downloading or use of the App, or otherwise providing material to us, you:
• 12.7.1 warrant to us that such material does not infringe any Intellectual Property Rights of any person; and
• 12.7.2 grant us an irrevocable, perpetual non exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
12.8 You must notify us as soon as practicably possible, in the event you believe that any material referred to in clauses 12.6 and 12.7 constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.

13. Reservation of rights

13.1 We reserve the right to remove or modify the App or any material on the App at any time.
13.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you send or post using the App and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.

14. Your breach

14.1 You indemnify us and our licensors against all Liabilities which we may incur in respect of your breach of these Conditions.
14.2 Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.

15. Contact us

Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Conditions. Please click Parking Controls.

16. General

16.1 Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.
16.2 You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.
16.3 These Conditions cover the entire agreement and understanding between you and us with respect to your downloading and use of the App and supersede any prior agreement or understanding.
16.4 If there is any conflict between anything in these Conditions and anything else in the App, these Conditions prevail.
16.5 A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
16.6 The failure, delay, relaxation or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.
16.7 An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.
16.8 Any indemnity or release in these Conditions survives termination of access to or the removal of the App. Any other provision in these Conditions intended to do so, survives the suspension or termination of access to the removal of the App.
16.9 The validity and interpretation of these Conditions are governed by the laws of South Australia. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of South Australia.

17. Definitions

In these Conditions, unless the context otherwise requires:
17.1 Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
17.2 Charges mean the charges imposed by us or by third parties to allow for the lawful parking of a motor vehicle in a Parking Space by way of the App including the fees set by us under the exemptions specified in clause 4.2.
17.3 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
17.4 Conditions means these Terms and Conditions as amended from time to time.
17.5 Device means any mobile phone or other device onto which the App is downloaded.
17.6 GST means GST as defined in the A New Tax System (Goods and Service Tax) Act 1999 (Cth).
17.7 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
17.8 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
17.9 Mobile Service Provider means any party providing access to network connection services in respect of the Device.
17.10 Other User means a third party using the App.
17.11 Parking Space means a space made available by us for the parking of a motor vehicle by users of the App.
17.12 Personal Information has the meaning set out in the Privacy Act.
17.13 Privacy Act means the Privacy Act 1988 (Cth).
17.14 Regulatory Activity has the same meaning as in the Local Government Act 1999 (SA).
17.15 RT Act means the Road Traffic Act 1961 (SA).
17.16 Rules means the Australian Road Rules (SA) under the RT Act.
17.17 Services means any services provided as part of or in connection with the use of the App.
17.18 We, our and us refers to The Corporation of the City of Adelaide.
17.19 You, your and yourself refers to any person downloading or using the App, including any links from the App, either wholly or in part and includes a person who pays a Charge or makes another payment in connection with the downloading or use of the App.
17.20 Your Vehicle means any motor vehicle specified in or for the purpose of your registration for or downloading of the App and any other motor vehicle in respect of which the App is used.

18. Interpretation

In these Conditions, unless the context otherwise requires:
18.1 headings do not affect interpretation;
18.2 singular includes plural and plural includes singular;
18.3 words of one gender include any gender;
18.4 a reference to a party includes its employees, officers, contractors, executors, administrators, successors and permitted agents and assigns;
18.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
18.6 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
18.7 a provision is not to be construed against us only because we prepared it;
18.8 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions; and
18.9 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.

Links to Supporting Information