About the Website

This website is owned and operated by Rentmy Carpark Pty Limited (ACN: 132 469 124) trading as Parking Search (henceforth referred to simply as the Company).

This website is an online advertising medium only, primarily involved in the promotion of public car parking stations (henceforth referred to simply as a Car Park). A Car Park in the context of our website is one which should be available in part or full for public use, on either a free or fee basis. The role of this website is to help Visitors to the site to easily find a Car Park at a selected destination.

This website also sells advertising space for Places Nearby Advertisers. These advertisers are primarily businesses which are local to the location referred to in a particular Car Park advertisement.

We are not involved in the day to day business activities of either Car Parks or Places Nearby Advertisers. We are merely a passive conduit for the internet distribution of information. Accordingly we have no control over and make no warranties in relation to the items being advertised on our website.

General

This agreement constitutes the whole agreement between the Company and Users of or Visitors to the website. If any part of these Terms of Use are unenforceable under law then they shall be severed individually, with the remainder of the agreement left unaffected.

Persons using the website acknowledge that all correspondence concluded on the website is made in New South Wales. These Terms of Use shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the New South Wales courts.

These Terms of Use of use shall apply at all times during the use of or access to this website. In the event of a Termination of Service by the Company where a Person is no longer authorised to use or access the website, all restrictions imposed under these Terms of Use shall survive the termination.

These Terms of Use apply whenever you access the website, regardless of how you access the website. A Persons use of and access to this website indicates their acceptance of these Terms of Use in full. Please read these Terms of Use carefully, as access to the website confirms that you have agreed to be bound to them. Should you object to any of the Terms of Use herein, you should immediately stop using the website.

The Company reserves the right to change these Terms of Use at any time in the future without further notice. Your continued use of this website after any such changes constitutes your acceptance of the new terms.

If the Company does not act in relation to a particular breach by you of these Terms of Use, this shall not be treated as a waiver by the Company of our right to act with respect to subsequent or similar breaches.

Your use of this website is entirely at your own risk.\r\n\r\nWe appreciate and will consider any comments or ideas you may have regarding our website. Note that by doing so, you irrevocably assign free of charge to the Company, all worldwide rights, title and interest in all copyrights, patent rights, and all other intellectual property rights in respect to your comments or ideas.

Company Obligations

The terms that apply to the Company’s supply of this website are those that are set out in this document and those implied by consumer protection laws that are unable to be excluded. No other terms apply.

The Company will at all times apply due diligence commensurate with its sole operation, being a disseminator of advertising material. However some information specific to a Car Park displayed in this website may be the result of information provided by a Car Park Owner or taken from items on public record, the accuracy of which is not strictly controlled by the Company. Similarly all information provided by a Places Nearby Advertiser is provided by the advertiser and is not strictly controlled by the Company. Although in good faith we may believe all information is correct we do not provide any guarantee in relation to the accuracy of this information.

In the event that a particular Car Park ceases to trade as a public car park, requiring removal of the Car Park advertisement from the Parking Search website, the Company will attempt to provide all affected Places Nearby Advertisers with a suitable alternative Parking Station to which their advertisement can be associated. This will be done in consultation with an affected Places Nearby Advertiser at no additional cost to the advertiser. In the instance that a Car Park closer than that previously associated with the Places Nearby Advertiser exists, this would be offered first, provided that unused advertising space exists in relation to this Car Park. Should there be no available Car Parks (or unused advertising spaces associated with Car Parks) closer than the original associated Car Park, a Places Nearby Advertiser is obliged to accept a proposed alternate location that is less than 500 metres further from their place of business than was the original associated Car Park. Should an available alternate Car Park greater than 500 metres further from their place of business than was the original associated Car Park be found, then a Places Nearby Advertiser can at their discretion reject this alternative and request a partial refund, as detailed in our Advertising Rates and Payment Terms. Should no alternative at all be found by the Company, then the Company will issue a partial refund, as detailed in our Advertising Rates and Payment Terms.

Currently, Places Nearby Advertiser links are limited to five (5) per Car Park location. The Company reserves the right to change this limit at anytime.

The Company may remove or suspend (permanently or temporarily) any advertising material from the website if the Company has reasonable grounds to believe:

• The advertisement could be considered misleading or deceptive
• The advertisement could be considered offensive or uses potentially inappropriate material
• The advertisement could potentially contain defamatory comments
• The Car Park Owner is not lawfully entitled to act on behalf of a particular Parking Station
• A Places Nearby Advertiser is not lawfully entitled to act on behalf of a particular business

The Company may bar or suspend (permanently or temporarily) a Person from using the website if the Company has reasonable grounds to believe:

• A Person is acting in an unlawful manner
• A Person is acting in a potentially threatening manner
• A Person is acting in a manner which could be considered misleading or deceptive

User Obligations

All Persons using this website agree to be bound by the entirety of the Terms of Use contained within this document.

All Persons hereby acknowledge that they:

• Are at least 18 years of age
• Are resident within Australia
• Are lawfully competent to enter into this or any other contract
• Have the necessary legal rights to any content they offer up for general public viewing on this website, including intellectual property rights and rights of privacy
• Will not manipulate, or interfere with, any advertisement (other than their own) on this website
• Will not place any links to external websites without prior permission from the Company
• Warrant to us that they will not use this website for any purpose that is unlawful
• Will not reproduce, communicate, publish, or distribute any of the content on this website without approval from the Company
• Will not data mine content on this website
• Will not conduct automated searches on the content on this website using software additional to that supplied by the Company
• Will not use this website to generate unsolicited commercial electronic messages
• Will not use written or visual material which could reasonably be considered offensive, obscene, threatening, derogatory, inflammatory, defamatory or discriminatory
• Will not make misleading or deceptive claims
• Will not impersonate another Person
• Will not submit material that could identify another Person or could be used to identify another Person without that Person”s authority
• Will not knowingly transmit any virus, worm or other disabling feature to or via this website

Car Park Owners hereby acknowledge that they:

• Are lawfully entitled to act on behalf of the Car Park which they are advertising
• Assign all copyright in their advertisement to the Company
• Will take responsibility for the accuracy, content and currency of all information which they provide to the Company for inclusion in their advertisement

Places Nearby Advertisers hereby acknowledge that they:

• Are lawfully entitled to act on behalf of the business which they are advertising
• Have a local proximity to the Car Park with which their advertisement is associated
• Assign all copyright in your advertisement to the Company
• Will maintain the security of their passwords and login details
• Will take responsibility for the accuracy, content and currency of all information contained within their advertisement
• Will in the instance that an associated Car Park ceases to exist as a public car park, enter into negotiations with the Company to find an alternate Car Park with which to associate their advertisement (refer to Company Obligations above)

Visitors herby acknowledge that they:

• Will not make spurious offers or nuisance approaches to Car Park Owners or Places Nearby Advertisers
• Are genuinely intent on looking for a Car Park for use, and not simply gauging the market

Agency

The Company and Car Park Owners or Places Nearby Advertisers are independent entities and no agency or joint venture is intended or created by these Terms of Use.

Advertising Rates and Payment Terms

All Places Nearby Advertisers are subject to payment in advance of the placement of advertisements, with advertisements being placed for a fixed term. At the end of the fixed term the Places Nearby Advertiser has the option to renew their advertisement at whatever Advertising Rates and Payment Terms are applicable at the time of renewal.

All Car Park are advertised for free for a standard advertisement. Should a Car Park Owner require additional information placed in their advertisement then they may, at the discretion of the Company, be subject to an individual contract for services provided.

Occasionally the Company may need to change the Advertising Rates and Payment Terms. This may be as a result of changing business structure, increases in scope of services offered, as required by law or for technical reasons. We may make these changes at any time by posting the changes on the website, and by posting a notice on our homepage stating that the changes have occurred. Any changes will be deemed effective immediately upon posting of the changes to the website.

All quoted advertisement rates are exclusive of the Goods and Services Tax (GST).

At present a Places Nearby Advertiser, may only make payment via Paypal. Note that you do not need to be members of Paypal to make once off payments. The Company reserves the right to change this at any time without notification.

Car Park Owners on individual contracts will make payments via whatever means are specified in their individual contracts. Car Park Owners that become in arrears of their account payments may be subject to Termination of Service (see below).

The Company generally has a no refund policy. Once an advertisement has been placed on the website for general public viewing the Company is deemed to have met it’s obligations with regards to a full provision of service. The User may at their discretion request removal of their advertisement from the website at any time prior to the expiration of the fixed term of their advertisement, however this does not imply a partial or full refund. Likewise an advertisement subject to Termination of Service (see below) does not attract a partial or full refund.

In the instance that a Car Park ceases to trade as a public car park, a Places Nearby Advertiser may be entitled to a partial refund should a suitable alternate Car Park with which to associate their advertisement not be found. The process for determining this alternate Parking Station is detailed (above) in Company Obligations. In the instance that a partial refund is due, the amount to be refunded is deemed to be a pro-rata ratio of the time left to run on the advertisement compared to the original contract term, less an administration fee of $10AU.

All advertisements remain on the website until removed by the Company, or upon the expiration of the fixed term of service having been completed. A Places Nearby Advertiser homepage remains on the website until removed by the Company, either as a request to do so by the Places Nearby Advertiser, or when the Company considers the account to be invalid due to a lengthy dormancy of the account. The Company will attempt to contact a Places Nearby Advertiser prior to removing a dormant account.

Changes to Terms of Use

We reserve the right, to modify or remove portions of these Terms of Use at any time. For Car Park Owners and Places Nearby Advertisers, any amendments made to these Terms of Use will be considered effective two weeks after the amendments are posted on the Parking Search website. For Visitors, any amendments made to these Terms of Use will be considered effective immediately upon the amendments being posted on the Parking Search website.

Third Party Web Links

For your convenience only, our website contains links to other third party websites. These linked third party websites are not part of this website, and are not as such controlled or maintained by the Company. User discretion is required when dealing with all such third party links.

The Company is not responsible for the content or practices of websites operated by third parties that are linked to our website. Whilst the Company will at all times attempt to deal with third parties we (in good faith) believe to be reputable, we disclaim any and all liability related to the interaction of Users with these third party websites. Once you have left our website via such a link, you do so in the knowledge that any action which may arise as a result is in no way attributable to the Company. When a User links to a third party website they do so entirely at their own risk.

Likewise the Terms of Use of use, privacy policies, content management and copyright issues relating to our website do not transfer to other third party websites linked to our website.

Privacy

The Company will collect personal information about you through the website. All information collected about you is subject to our Privacy Policy which can be viewed on this website. By accepting the Terms of Use herein you agree to be bound by our Privacy Policy.

Termination of Service

The Company reserves the right to suspend, limit or terminate service to any Person without warning. This may be as a result of, but not limited to:

• A breach of these Terms of Use
• Providing misleading or deceptive information
• The use of offensive or inappropriate material
• Defamatory comments
• The law requiring us to do so
• We have received a serious complaint regarding your activity on the website
• We reasonably believe that a Car Park Owner is not legally entitled to act on behalf of a Car Park
• We reasonably believe that a Places Nearby Advertiser is not legally entitled to act on behalf of a business
• We reasonably believe that there is a real risk of loss or damage to the Company or another Person
• Falling in arrears of scheduled payments to the Company
• Attempting to use the website under a pseudonym
• We reasonably believe that a Car Park is no longer available for use by the public
• We reasonably believe that a business advertised by a Places Nearby Advertiser not longer exists
• We reasonably believe that a business advertised by a Places Nearby Advertiser is not in a location that could be considered local to the Car Park advertisement with which it is associated

Any Person who has had their service suspended, limited or terminated, must not circumvent this action by any means, including placing a further advertisement under another account name or pseudonym. If the Company identifies that this has taken place, the advertisement may be immediately removed without further notice.

A Person may query the Company if their service has been suspended, limited or terminated by contacting us as noted below (Contact Information).

Liability

The Company provides the website to you subject to all defects whether patent or latent, and does not warrant or guarantee to you that the website will be available for use at all times and free from faults, errors or computer viruses. Nor does the Company warrant or guarantee that the website is secure.

All information contained within advertisements on this website is for informational purposes only, and based upon information provided by a Car Park Owner or Places Nearby Advertiser or from items of public record. The Company does not guarantee or warrant that the information within the advertisements on this website is accurate, current or complete and will not be held responsible for any errors therein. As such the Company accepts no liability to Visitors of this website for any loss or damage suffered by them as a result of reliance upon any of the information contained in the advertisements shown in this website.

The Company does not warrant or guarantee the accuracy, completeness or reliability of services made available by third parties through this site, including all Google Maps.

The Company does not warrant or guarantee that the content of this website complies with the laws of any country outside of Australia. If you access this website from outside Australia, you do so at your own risk.

Certain rights may be available to Persons under the Trade Practices Act and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the discretion of the Company, to re-supply of the service.

By accepting these Terms of Use, you agree that you will not hold the Company liable for and will indemnify us against any liabilities, expenses, losses, damages or costs (including legal costs), that may be incurred by you or a third party as a result of using of this website.

Copyright

The subject matter on our website is subject to copyright, and belongs to the Company. Users obtain no interest in that property. Users may not do anything which interferes with or breaches the intellectual property rights of the Company. The Company grants Users of the site permission to download copyright material only for private purposes, provided you do not modify the content in any way.

To the extent that a User is legally able to, a User hereby assigns all copyright in respect to the advertisement created through our website, to the Company.

All content and materials relating to the maps included on the website are the copyright of the mapping provider. The terms of use for Google Maps located on our website can be found at http://www.google.com/intl/en_us/help/terms_maps.html.

Contact Information\r\n\r\nIf at any time you have any questions in relation to these Terms of Use you can contact:
Parking Search
Email: hello@parkingsearch.com.au

Definitions

Car Park: A car park operated by a Car Park Owner, available in some capacity for public use (free or for a fee), and used in full or part for the purposes of parking cars, trucks, motor cycles or any other vehicle.

Car Park Owner: An owner or appointed manager of a Car Park.

Company: Means Parking Search.

Local: Generally means within the same suburb to that in which the Car Park is located. In the instance that a Car Park is on the fringe of a suburb, an adjoining suburb may be considered local.

Person: Means an individual, sole trader, partnership, agent, corporation or other legal entity.

Places Nearby Advertiser: Means the Person placing a Places Nearby advertisement. By definition a Places Nearby Advertiser will have a secure account (homepage) within the website, which they control.

User: Means any Person (other than the Company) using the website for any purpose.

Visitor: Means a Person who is perusing the Parking Search website, but is not a Car Park Owner or Places Nearby Advertiser.