Please read carefully

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.

OPark

Smarter City Solution, A.B.N 63 130 676 149 - 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 OPark.

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 OPark to the subscriber regarding parking payments and among them sending SMM's (TXT) to the subscriber and iMoved (may also be referred to as ‘premium services’).

The website

The internet website www.portal.opark.com.au which is owned and operated by Smarter City Solutions.

Customer service

OPark 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 OPark or that is available by OPark.

Methods for joining the service (How to become a OPark subscriber)

A person who wishes to join the service can do so in one of three ways:

1. Online via OPark's website registration page. This includes giving OPark authorization to debit your credit/debit card or Prepaid card, and obliges you to accept the conditions of use.
2. Via Smartphone apps (if available for your Smartphone OS)
3. Contact OPark Customer service and execute the registration process as directed. Any other method, should it become available, will be detailed in this section. A person wishing to join the service is obliged to provide OPark with reliable, correct and accurate information. Should you become aware that the information provided to OPark is false, incorrect or inaccurate, you MUST inform OPark 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 OPark)

As a subscriber, when you wish to use the service, you can do so in one of three ways:

1. Call from your mobile - Your mobile phone number is linked to your vehicles when you register. Simply call the OPark call-to-park number, select the vehicle you wish to park (if you have more than 1 vehicle registered), enter the zone number and confirm the activation. The automated system will register that you’re parked. When you leave, just call again and the system will automatically end your session. You must have caller ID enabled so OPark can identify your account.
2. Use the OPark Smartphone app - If you have an Android or IOS Smartphone, you can use the OPark app to start your session. Select the vehicle you wish to park (if you have more than 1 vehicle registered) the Location and the Zone number and hit 'start parking' to begin. You can check the app to see when your parking session expires. When you leave, just hit the 'stop' button in the app.
3. Use your online account - Log in to your online account on the OPark website and start your parking session by going to the "Add Session" tab under Parking and Active/Add sessions, selecting the Location, Zone number, your vehicle registration number (if you have more than 1 vehicle registered) and selecting 'Start Parking' mode. When you leave, just select 'Stop Parking' 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 watching the time starts running backward in the 'Active Session(s)' 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). OPark 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 OPark 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 OPark 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 OPark 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. OPark 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 OPark 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 OPark) 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 OPark 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 OPark 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 OPark 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 OPark, 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. OPark 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 and billing method is monthly – 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). If your selected payment method is Credit/Debit Card and billing method is pay as you go - your card will be charged at the end of each transaction 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.

Service and Transaction fees

Should you elect to subscribe to the premium services which currently include iArrived, iMoved and the iMoved auto stopper services - a service fee of $1.99 per month including GST for every vehicle in the your account will be added to the parking fees. 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 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 OPark, from time to time, and will be advertised by OPark on OParks 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, OPark may be required to charge a transaction fee for every parking transaction made using the system in that authority. In such cases – OPark 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.

iArrived (as part of the premium service)

iArrived is a GPS based service available to premium account holders using the OPark app that is designed to reduce the risk of forgeting to start a parking session, by providing pop-up reminders to start a parking session when entering one of the parking zones. OPark makes every technological effort to provide the most accurate notification possible. Location services must be enabled for the iArrived service to work. The iArrived service may not be accurate if the parking session is activated inside buildings or in a confined environment.

iMoved (as part of the premium service)

iMoved is a GPS based service available to premium account holders using the OPark 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. OPark 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.

iMoved Auto Stopper(as part of the premium service)

iMoved Auto Stopper is a GPS based service available to premium account holders using the OPark app that is designed to reduce the risk of over-paying, by stopping the parking automatically and providing a pop-up message that the parking has automatically stopped. OPark 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 Auto Stopper service will not work if the parking session is activated via any mean other than the app.

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 OPark, 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:

1. Your name, the name of the driver, your mobile phone number, a description of the charge where there is disagreement, giving as much as possible a clear and detailed explanation of why this charge is incorrect and any other relevant information. Should you address OPark orally, OPark 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. OPark 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 OPark 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 OPark finds that your complaint and/or dispute is justified, OPark will credit your account within 10 business days with the same amount which was charged in excess. Should OPark decide that your request is unwarranted, OPark 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 OPark. 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 OPark and details of payment made by credit/debit card to OPark 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 OPark 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:

1. Not to reveal the password to anyone
2. To keep the password in a safe, protected place
3. To notify OPark, immediately upon becoming aware of any unauthorized use of the account.
4. 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 OParks’ 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 OPark immediately upon becoming aware of one or more of the following occurrences:

1. The mobile phone which is used to activate the service was lost or stolen.
2. There has been unauthorized use of the account.
3. To notify OPark, immediately upon becoming aware of any unauthorized use of the account. 4. The credit/debit card which is used and registered in the account was lost or stolen.
This information should be provided to customer service by calling 1300 467275 during work hours. Should an announcement of this kind be reported to OPark, OPark will be entitled to deactivate the account until the issue has been settled.

limitation of liability

OPark liability for financial and/or any other damages caused to you is limited by the amount paid to OPark by you and apply only if such damages should occur due to OParks' negligence or due to the contravention of OParks pledge according to the conditions of use. OParks' 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

OPark hereby grants you a non-exclusive, non-transferable, limited right to access and use the website and the service for your own personal or company use only. You agree not to interrupt, or attempt to interrupt, the operation of the website in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability. It is hereby elucidated that this use is limited and does not include nor permit reselling or commercial use of any kind in relation to the services of the website. of collection and use of the information, descriptions or costs whatsoever, use derived from the website or the content of the website, downloading or copying information to the favor of other parties and all use of data mining, robots or similar tools that serve to the collection and extrication of data. It is also elucidated to you that it is forbidden to reconstruct, to duplicate, to copy, to sell, to resell and to exploit in any different way every data and information that is connected with OPark its service or its website. You are not entitled to use any intellectual property, trade mark or graphical deign that is owned by OPark without prior permission in writing. It is forbidden to use the commercial emblems and the commercial image of OPark concerning every product or service that is not of OParks', in any way that it is reasonable that it will cause confusion amongst the customers and the consumers, or in any way that will underestimate or will create lack of trust in OPark. All the trademarks that are not owned by OPark or its' subsidiaries which appear in the website are the property of their respected owners, which may or may not be affiliated with, in relation with, or sponsored by OPark or its’ subsidiaries and the you are forbidden from using them in any way without written consent from OPark. Third party links and/or links to other sites that might be present on our website may not be controlled by us and we are not responsible for the availability, accuracy, or correctness of such third-party sites and/or any information, content, products or services accessible from such third-party sites. Once you leave our website and go to another site, be aware that those sites may have their own terms and conditions which might be different than ours and we recommend that you also review the privacy policy and terms and conditions of those sites. We not responsible for, and expressly renounce any and all liability related to actions of such linked sites, their terms and conditions or the content of such sites.

Terminating the agreement

You have the right to terminate the service, at any time, by notifying OPark 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 OPark. OPark reserves the right to terminate or refuse to provide you with the Services for any reason, including, but not limited to the following reasons:
1. You did not uphold your pledges according to the conditions of use including but not limited to the pledge to the payment of the parking fees and payment of additional services, fully and on time.
2. You abused the service.
3. You provided us with essential information that is false, misleading, inaccurate or incorrect, or we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification.
4. We have a reason to believe, at our sole discretion, that your actions may cause legal liability for you, other users, us or third parties 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.

Clarifications

Questions concerning the service should be addressed to OParks' 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 support@opark.com.au

Privacy Policy and confidentiality.

OPark will keep all your personal information which is in OParks 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 OPark 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. OPark may also use that personal information to verify your identity should you contact OPark in regards to your account and/or to the service. OPark is bound by the Privacy Act and any other instructions or guidelines directed by the law and will respect and not harm your privacy. If you have any questions regarding our privacy policy, please contact our customer support centre support@opark.com.au

Security Policy

When joining OPark 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 support@opark.com.au

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.

Severance

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.

Miscellaneous

OPark 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 OPark notifies the subscriber in writing 14 days in advance. Non realization of the rights of OPark according to the conditions of use does not mean that OPark concedes them. The conditions of use will be demonstrated at all times in OParks' website. OParks 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 OPark. 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. All amounts stated anywhere on our website and/or app are in $AUD (Australian Dollars) unless clearly stated otherwise.