CellOPark Australia Terms and Conditions of use that are detailed below (also referred to as : ”conditions of use” or T&C) constitute the agreement between you and CellOPark Australia Pty Ltd.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SERVICE CAREFULLY. BY USING THIS SERVICE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SERVICE. We reserve the right to modify these conditions of use at any time. Notification on changes to the T&C will be advertised on our website and social media. By using this service after we make any changes to these conditions of use, you agree and accept those changes, whether or not you have reviewed them. If at any time you choose not to accept or agree to these conditions of use, please do not use this service.
The glossary for the terms used in this agreement is as below:
“The service” – An arrangement to pay parking fees for on and off street parking through the use of our and related services, which utilize mobile phones, Smartphone and tablet Apps or our website.
“CellOPark” – CellOPark Australia PTY LTD., A.C.N 130 676 149 – the company operating the parking arrangement through the use of cellular (mobile) phones, Smartphone applications and online website and its duly authorised officers and representatives.
“The subscriber” – The person who joined the parking arrangement, including his heirs, the authorized users allowed by him, his representative or agent/s and the driver/s on his behalf.
“The account” – The subscriber’s account that is conducted by CellOPark.
“The authorities” – Parking authorities and/or Parking Operators that offer, directly or by an agent on their behalf, paid parking space/s for the public. “The additional services” – Services which will be provided by CellOPark to the subscriber regarding parking payments and among them sending SMS’s (TXT) to the subscriber and iMoved (may also be referred to as ‘premium services’).
“The website” – The internet website www.cellopark.com.au which is owned and operated by CellOPark.
“Customer service” – CellOPark customer service operates from 1 hour before until 1 hour after paid parking hours, during paid parking days.
Nature of the Relationship
The service provides you with a method for paying parking fees that arises from the use of regulated paid public parking places as well as for receiving additional services. The service does not allow you any right to use the parking areas whatsoever. The responsibility for allocating public parking places, and the extent of the parking fees applicable to those parking spaces is the exclusive responsibly of the authorities. You should address any complaint or question regarding those matters to the relevant authority. All notices, signs or directions made by relevant authorities, traffic attendants or authorised persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from CellOPark or that is available by CellOPark.
Methods for joining the service (How to become a CellOPark subscriber)
A person who wishes to join the service can do so in one of three ways:
Any other method, should it become available, will be detailed in this section. A person wishing to join the service is obliged to provide CellOPark with reliable, correct and accurate information. Should you become aware that the information provided to CellOPark is false, incorrect or inaccurate, you MUST inform CellOPark immediately and correct the false, incorrect or inaccurate information. It will be assumed that a subscriber, who has joined the service and accepted the conditions of use, has thoroughly read through the conditions of use, agrees to them, and waives any claim against them.
Methods for using the service (How to use CellOPark)
As a subscriber, when you wish to use the service, you can do so in one of three ways:
Any other method, should it become available, will be detailed in this section. You are responsible for correctly entering or selecting the vehicle and relevant parking zone number, which is indicated on the parking meters or signs that apply to your parking space. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. You should only activate the service after you have found an available legal space. You are also responsible to make sure that a valid parking session has been initiated by you. This can be done by either listening to the confirmation message when calling the service, watching the ‘START’ Button turn to ‘STOP’ and that the time starts running back on the Smartphone Apps or receiving a message in the ‘Live Parking’ page of your online account. It is also your responsibility to stop the parking session when you leave the parking space (not applicable in all-day spaces). CellOPark is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded.
Use of the service
A subscriber, who has joined the service, will provide CellOPark with the mobile phone number which the subscriber intends to use to operate the service. Activating the service with the mobile phone will be according to the procedure determined by CellOPark from time to time. You affirm and approve that you are aware that the use of the service is subject to the availability of the cellular network to which your mobile phone is connected. You take upon yourself full responsibility for checking the availability of the cellular network to which your mobile phone belongs to and for making sure of the acceptance of your messages to CellOPark sent by the mobile phone and of your intention of using the service and/or of your intention to receive additional services. The full and exclusive responsibility for all the implications that may arise as a result of a failure in the cellular network to which your mobile phone belongs will apply only to you. this includes the payment of fines, parking tickets, etc. The use of mobile phones while driving is illegal and dangerous. You are required not to use the mobile phone while driving. CellOPark will not be responsible for any accidents, damage, loss or injury caused due to your use of the mobile phone in regard with the service and/or receiving additional services. We will also not responsible for any loss or damage that you may suffer as a result of you not using the services correctly or if you fail to comply with the conditions of use or any other instructions given to you by us. The service is to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. Minors should only use the service if registration was made by their legal guardian and if all the conditions of use and the implications were explained to them. If you do not qualify, you are not permitted to use the services, and you do not have our consent to do so.
Parking rates, fees invoices and payments
The Parking fees with which you shall be debited by CellOPark will be according to your usage and the tariffs which are determined by the authorities, from time to time, and in accordance with each authority’s current tariffs. Parking tariffs can be changed by the authorities at any time and modifications to parking tariffs are beyond our control. Any changes to parking tariffs by the authorities will result in us updating the tariffs with the same changes. Upon joining the service you give your consent and approval for the use of the credit/debit card or Prepaid card (given upon registration to CellOPark) to effect the payment of the parking fees and the services fees (if applicable). The payment of the parking fees and payment for the additional services to CellOPark will be done by you by means of your credit/debit card or Prepaid card balance. At all times you must have sufficient credit on the card account to pay the fees due at the time we request the payment from the credit or debit card company. Should CellOPark not be able to collect the payment due from you by means of your credit/debit card or Prepaid card automatically, you must pay your debt to CellOPark within 7 days from being asked to do so in writing. Your failure to do so may result in you incurring additional fees on your debit or credit card and suspension of the service. Should you not pay your debt within 7 days, or if the transaction is rejected for a reason not caused by CellOPark, a late payment fee of $15 will be added to the amount owed, your account may be blocked or terminated, at our sole discretion, and you may be subject to additional administration costs and fees in order to re-establish the service. We reserves the right to transfer the claims for unpaid parking fees to third parties for collection in which case you will reimburse us for all costs of collection, including reasonable attorneys’ fees. You will pay interest on all amounts not paid when due at the rate of 1% per month, or the highest lawful rate, whichever is less. CellOPark will also charge a chargeback fee of $35 for payments that were canceled (charged back) by you without notifying us first and without a justified reason and/or our consent for you to do so. Your parking transactions history, indicating the vehicle parked, mobile phone used, parking locations, times and costs is available and can accessible by you at all times in your online account and can be printed or downloaded. Your invoice history is also available and can accessible by you at all times in your online account and can be printed or downloaded. We do not provide a service to send invoices by mail and if such a service were to be provided it would be subject to additional charges and fees.
If your selected payment method is Credit/Debit Card – your card will be charged once a month, on the 25th of the month for all the transactions that occurred during the month, including any service fees (if applicable). Upon registration and upon any subsequent card update we may conduct a $1 pre-auth to make sure the card entered is a valid card. This $1 is not a charge and is automatically refunded to your account (you do not need to do anything).
If your selected payment method is a Prepaid card – your balance will be charged at the end of each transaction.
In case you decide to switch between payment methods during the month – all transactions that occurred before the change will be charged to the payment method you had up to the change. (Upon changing from prepaid to Credit/Debit card – any prepaid balance remaining will become void).
Service and Transaction fees
Should you elect to subscribe to the premium services which currently include SMS (text) reminders and the iMoved service – a service fee of $1.99 per month including GST for every vehicle in the your account will be added to the parking fees. As of July 2019 – the service fee for the SMS and iMoved reminders will be capped at a maximum of $4.99 per month. The premium service fees are charged on a ‘didn’t use – don’t pay’ basis which means they will only apply during a billing cycle in which you used the CellOPark service, regardless of the number of transactions you had, the number of vehicles you actually used and the zones you have parked in. The tariffs for the service fee will be determined by CellOPark, from time to time, and will be advertised by CellOPark on CellOParks website (in this section of the Conditions of use). You can opt-in or out of the premium services at any time from the profile page of your online account (from any internet connected device) or by calling or emailing our customer service. In some authorities, CellOPark may be required to charge a transaction fee for every parking transaction made using the system in that authority. In such cases – CellOPark will detail those authorities and the relevant transaction fees both under this section of the conditions of use and on the tariffs page on its website. You can also subscribe to the premium services by turning on the iMoved button in the app.
SMS (Text) messages (as part of the premium service)
As a subscriber, you have the ability to change the SMS reminder settings via your ‘Profile’ page or at registration. The setup of your profile with respect to SMS messages, as well as the changes made by you, shall be maintained by CellOPark on our website and in our database. You acknowledge and agree that the receipt of SMS messages is not guaranteed, may sometimes be delayed and may depend on various factors, such as Cellular network availability. You acknowledge and agree that you are responsible for the deactivation of a parking transaction on time or taking action according to parking limitations (such as moving their vehicle on time) regardless if you have or haven’t received the SMS reminder. CellOPark shall have no responsibility or liability for the damages and costs incurred by the subscriber not receiving an SMS message on time for any reason. The SMS reminder will only be sent when an action may be required by you (i.e. you may need to move your vehicle or extend payment if permissible)
iMoved (as part of the premium service)
iMoved is a GPS based service available to premium account holders using the CellOPark app that is designed to reduce the risk of over-paying, by providing pop-up reminders to end a parking session when normal walking speeds are exceeded. CellOPark makes every technological effort to provide the most accurate notification possible. Location services must be enabled for the iMoved service to work. The iMoved service may not be accurate if the parking session is activated inside buildings or in a confined environment. The iMoved service will not work if the parking session is activated via any mean other than the app.
Off-street parking (gated car parks)
When parking in a gated car park, in addition to CellOParks’ T&C – you must comply with all the car park operator Terms and conditions displayed in and/or around the car park.
Tariffs, rules and limitations are set by the car park operator and CellOPark does not have any control over them.
In most gated car parks, and unless stated otherwise – charges for your parking session will be deducted from your registered credit card immediately upon leaving the car park and CellOPark identifying that your session has now ended.
In case we are not able to charge the relevant amount for you parking session to your registered card – your account will be automatically suspended. In order to re-activate your account, you must pay any outstanding amount, either by updating your payment details to a valid card or by making sure that sufficient funds are available and then updating your card or contacting us to manually process your payment.
Prepaid accounts are NOT able to use CellOPark to pay for off-street car parks.
Inquiries regarding charges and/or payments
Should you disagree with a charge that was debited from your account, or dispute in good faith any amount billed to you, you have to address CellOPark, as soon as possible, and no later than 30 days after the relevant charge has been debited from your account, and provide us with the following information:
Should you address CellOPark orally, CellOPark is entitled to ask you to send his request in writing within 7 working days.
Should this charge be a part of an invoice – you agree to pay any undisputed portion of such invoice when due. At our sole discretion, we may also request that you provide us with more information (which may include call logs, data usage etc.) for us to be able to examine your request. Your failure to comply with these procedures or requests will be regarded as your approval of such amounts billed to you. CellOPark will provide you with the results of its examination of the case in regard to your request and/or will inform you of the results of its examination in regard to your request within 10 business days. On rare occasions CellOPark will be entitled to extend the time for which it will examine the subscribers request by an additional 10 business days. In the case that CellOPark finds that your complaint and/or dispute is justified, CellOPark will credit your account within 10 business days with the same amount which was charged in excess. Should CellOPark decide that your request is unwarranted, CellOPark will send you an explanation in writing regarding the matter within 7 business days.
Your account and the use thereof
A subscriber, who has joined the service, is provided with an account by CellOPark. The account will include information about your activity regarding the service and the receipt of additional services, including information about times of use of parking spaces, details of debits made by CellOPark and details of payment made by credit/debit card to CellOPark etc. The account will be at your disposal at any time through our website, except in the cases of malfunctions of the internet service provider or force majeure. You are able able to access the account after entering the username and password which are delivered to you by CellOPark at the time of registration to the service. The password is delivered to the you for personal use only. You are not entitled to allow any other person the use of the password, the number and/or the account.
You undertake the following:
You are not entitled to pass and/or to transfer your account rights to another person.
Responsibility in case of stolen, lost, or unauthorized use of the account
You are responsible for all use of your account, including use that is unauthorized unless the unauthorized use is due to CellOParks’ negligence. You are responsible for all use of the registered mobile phones, including use that is an unauthorized use by you. You undertakes to inform CellOPark immediately upon becoming aware of one or more of the following occurrences:
This information should be provided to customer service by calling 1300 467275 during work hours. Should an announcement of this kind be reported to CellOPark, CellOPark will be entitled to deactivate the account until the issue has been settled.
limitation of liability
CellOPark liability for financial and/or any other damages caused to you is limited by the amount paid to CellOPark by you and apply only if such damages should occur due to CellOParks’ negligence or due to the contravention of CellOParks pledge according to the conditions of use. CellOParks’ responsibility for these damages will cover the extent of the ticket/s paid by the subscriber due to these reasons and/or to the extent that the subscribers account is debited from these reasons.
The subscribers access to the website
Terminating the agreement
You have the right to terminate the service, at any time, by notifying CellOPark of the your intentions in writing or orally. It is hereby elucidated that terminating the service as mentioned, does not detract from your pledges to the payment of parking fees due to the use of the service or additional services or any other pledges which were created or made by you prior to terminating with CellOPark.
CellOPark reserves the right to terminate or refuse to provide you with the Services for any reason, including, but not limited to the following reasons :
Without limiting any other remedies, we may also suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our service.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of any of the above reasons and/or events and/or your negligence or willful misconduct and/or your violation of any law, regulation or right of any third party.
Questions concerning the service should be addressed to CellOParks’ customer services on 1300 467275 or 1300 CellOPark (1300 235567) or any of our call-to-park numbers (calls may be recorded for training and monitoring purposes). Questions concerning the conditions of use should be addressed to email@example.com
CellOPark will keep all your personal information which is in CellOParks possession confidential and will not disclose any information to any third party unless required to do so for parking permit verification purposes (in which case CellOPark will disclose the minimum amount of information possible) or ordered to do so by law or by court order.
Part of the information provided as part of the registration may be verified periodically (for permit verification purposes ) against your existing identification details included in your organisations files.
The personal information provided upon registration may be used to contact you in matters relating to your account and/or to the service. CellOPark may also use that personal information to verify your identity should you contact CellOPark in regards to your account and/or to the service. CellOPark is bound by the Privacy Act and any other instructions or guidelines directed by the law and will respect and not harm your privacy.
When joining CellOPark your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. 256-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre firstname.lastname@example.org
Governing law and jurisdiction
These conditions of use shall be governed and interpreted in accordance with the laws in force in the State where the majority of your parking transactions took place (‘Your State’), and if no parking transactions took place then in the State of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Your State or the state of New South Wales, the Federal Court of Australia in Your State or the state of New South Wales and courts of appeal from them for determining any dispute concerning these conditions of use. You also further agree that these conditions of use shall be deemed to have been entered into, executed and performed for all purposes within Your State or the state of New South Wales.
If any provision of these conditions of use is found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These conditions of use are the entire agreement between you and us relating to the service.
CellOPark will be entitled to pass and/or to transfer, at any time, its rights and its debts towards the subscriber to a third party, provided that CellOPark notifies the subscriber in writing 14 days in advance. Non realization of the rights of CellOPark according to the conditions of use does not mean that CellOPark concedes them. The conditions of use will be demonstrated at all times in CellOParks’ website. CellOParks announcement/s to the subscriber according to the conditions of use can be made by sending an email to the email address the subscriber has provided to CellOPark. We attempt to be as accurate as possible when describing our Services. However, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.