Designa Terms of Service
1 THIS AGREEMENT AND OUR SERVICES
1.1 The Parking HQ Application (App) is developed, owned and operated by Designa Australia Pty Ltd (ACN 160 442 062) (Designa, We, Us).
1.2 In this document, Services means and includes our provision to you of access to all Services and products available from our App’s and Website’s designaparkinghqeast.com.au or designaparkinghqwest.com.au or parkingclaremont.com.au or designa.com/en-au/ (Website) and Content (Content) refers to all visual, audio, downloadable and readable content made available to you via the Services.
1.3 We offer you the Services and access to any Content subject to your agreement to these Terms.
1.4 In order to use the Services you will need to set up an Account (Account) using your email, with a secure password. We recommend using a strong password to protect your account.
1.5 We will contact you through the App or the email address linked to your Account. You should monitor your Account and email for any communications from us.
1.6 When you click “I Agree” or “Ok” when signing up to or logging into the App or Website, you are, as the Client, agreeing to these terms (Terms), which will constitute a legally binding agreement between you and us which will continue to apply while you continue to use or access the App or Website.
1.7 If you do not wish to agree to and abide by these Terms, you must not click “I Agree” or “Ok” as the case may be nor use the App or Website in any way.
1.8 Access to the App or Website will be provided after you have signed up and signified your agreement to these Terms. You will be asked to agree again to these Terms if they have changed since your last login.
1.9 You agree that you will be bound by these Terms each time you log in to the App or Website and will be bound by these Terms unless you or we terminate this agreement in accordance with its terms.
2 PROVISION OF THE SERVICES TO YOU
2.1 In return for your compliance with these terms and conditions, we will provide you with access to our Services to the extent of their scope. Our Services and all associated materials are offered in the English language only unless we specify otherwise.
2.2 There is no fee payable to read information about our Services available on our App or Website, but we may charge a fee for Services you can order from our App or Website, excluding limited free tools.
2.3 While we have taken all due care, we do not guarantee that our App or Website or the materials on it, or the content of any Services to which we give you access, will be free from viruses or that access to any of those things will be uninterrupted. You also must provide your own internet connection or mobile device to access our App or Website and any related Services as we do not provide internet connections.
2.4 Any communication or material that you transmit to or post on our App or Website by any means, including any data, questions, comments, suggestions or anything else, will be treated as non-confidential and non-proprietary information, and you now grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.
2.5 You agree that:
(a) our App, Website, products or Services might not at any given time be actively monitored whether during or outside business hours, and the information contained on the App or Website and within or made available via our products or Services is presented “as is” and has not in any way been tailored to suit your own personal circumstances;
(b) you remain solely responsible for determining that the Service meets your needs and is suitable for the purposes for which the Service is used;
(c) Designa has engaged third parties to host the Software, and that accordingly it may be necessary for us to provide to those third parties certain information relating to you, other information that you supply and any transaction in which the you are involved; and
(d) we have absolute discretion to edit, decline to post or remove in whole or in part any information or material you provide or post to or via our App or Website, products or Services.
3 FEES
3.1 You may purchase any Services or products made available via our App or Website and before acquiring any Services or products, you must pay or agree to the relevant fee/’s via the checkout process on the App or Website.
3.2 Any checkout process or invoice to which these terms are attached may contain more detailed pricing and payment information than is contained in this clause, and if so, those more detailed terms will apply in addition to these terms and conditions. These terms and conditions should be read together with any details in the checkout terms or invoice but in the event of any clear inconsistency between the checkout terms or invoice and these terms and conditions, the details in the checkout terms or invoice shall prevail.
3.3 If you fail to pay fees payable for Services or products, those Services and/or products will not be available to you.
3.4 We may invoice you for all fees relevant to any Services or any products which you choose to purchase via the Services.
3.5 You must pay our invoices in accordance with any timeframes set out in the invoices.
3.6 If any fees are introduced for new App services, you will be notified of their availability via the App and these Terms will be amended to include any provisions for payment of relevant fees. Any amendment of these Terms will not apply until the next time you log in and agree to these Terms in the form in which they are available at that time.
4 USE OF THE APP, WEBSITE AND THE SERVICES
4.1 We may terminate or suspend your access to the App, Website or any or all Content at any time without notice and for any reason, subject to any other terms you agree to with us. All restrictions, licences granted by you and all disclaimers and limitations of our liability in these Terms will survive termination, although you will no longer be authorised to access the App, Website or all or part of the Content.
4.2 You may close your Account at any time by contacting us. However, you may not close your Account if there is an investigation into your Account, if you have a remaining balance, or if there is ongoing scheduled activity remaining on your Account. Upon closure of your Account you will remain liable for all activity undertaken on your Account.
4.3 You will not, nor attempt to:
(a) provide, publish, post or create a link to any Content, page or part of the App, our Website, products or Services without our express written permission;
(b) link directly to any page of the Content, App or of our Website other than via normal navigation of them we have made available to you or via normal usage of the Services, App or Website;
(c) transmit to or via the Services, App or Website any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the Services, the App or Website or that of anyone else connected to them or using them;
(d) violate the security or any security measures of the App or Website nor that of any of our systems and networks;
(e) access any data on or via the App or Website which is not intended for you;
(f) probe, scan or test the vulnerability of the Services or any of our systems or networks;
(g) interfere with service to any other user of the App, Website or Services; nor
(h) use any device, software or routine to interfere or attempt to interfere with the proper working of, any activity being conducted on or via, the App, Website, or Services.
4.4 If you are allocated any login details or other user codes or passwords for your identification or access to the App, Website or Services, you must keep them private and confidential and must not allow anyone else to log into the App or Website using those details or codes unless we specifically permit otherwise.
4.5 The Content may contain general information about us and our products and Services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into any legally binding contract;
(b) other than these Terms and other than any additional terms we make available in respect of a product or service available to you via the App or Website, does not form part of the terms and conditions for any of our products or Services nor those of any other parties referred to in content made available to you via the App or Website; and
(c) does not mean that we are in any way affiliated with any other parties or businesses referred to (if any).
4.6 While we have made every effort to ensure that the Content is free from error, we do not warrant the accuracy, adequacy or completeness of all or any part of the Content.
4.7 As a convenience, the Content may from time to time include links or references to other websites and/or materials, which are beyond our control (Other Sites). We do not review or monitor any websites to which links may be included within the Content or which are linked to any Other Sites and we are not responsible for content on any websites or other content outside our Content.
4.8 If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.
4.9 The inclusion on or in our Content of any links or references to Other Sites does not imply any endorsement by us of any of the Other Sites nor the content contained on those sites. We do not warrant the safety or accuracy of the content on any Other Sites and will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.
4.10 You acknowledge and agree that:
(a) in order to meet any legal obligations and reporting requirements, you must comply with all requests in a prompt manner; and
(b) you will take reasonable steps to notify us of any suspicious activity in connection with your Account.
5 PERSONAL INFORMATION
5.1 All records about you that include personal information or sensitive information within the meaning of the Privacy Act 1988 (Cth) whether created or input into the App or Website by you or by us, our staff or any third parties in the course of your access to the App, Website or the provision of the Services to you (Records) will be collected, managed, used and/or disclosed in accordance with our Privacy Policy which may be found at designaparkinghqeast.com.au or designaparkinghqwest.com.au or parkingclaremont.com.au or designa.com/en-au/ (Privacy Policy).
5.2 All copyrights and any other intellectual property rights in or arising out of any and all entries and copies of Records entered into or recorded upon our systems via the App or Website (or as the direct result of your use of the App or Website) shall vest solely in us upon their creation and you now assign to us all of your right title and interest in all such entries and copies.
5.3 For the avoidance of doubt, we do not and will not purport to own any information or data contained in the Records, but instead will own the copies of such data/information as are contained in the Records.
5.4 You may request access to Records about you in accordance with our Privacy Policy.
5.5 We will comply with the Privacy Act 1988 (Cth) in respect of Records and will adhere to the terms of the Privacy Policy.
6 WARRANTIES BY YOU
6.1 You warrant that, at all times you access any part of the App, Website or Services, you:
(a) are aged 18 years or more;
(b) will at all times:
(i) provide only accurate and current information via the Services;
(ii) keep that information up to date;
(c) will, if you are required to register to use the App or Website, provide us with sufficient personal information to allow us to identify you, and you warrant further that you will keep this data up to date so that our records of that information remain current, complete and accurate.
7 NETWORK & DATA SECURITY
7.1 Designa stores any data used online on an Australian Signals Directorate (ASD) certified cloud service provider (Amazon Web Services or Microsoft Azure) and uses Secure Sockets Layer (SSL) protocols to provide users secure and private access to the Service. You agree and acknowledge:
(a) to your information being stored in this location and accessed in this way and otherwise dealt with in accordance with these Terms and the Privacy Policy;
(b) that we will take steps to ensure that User Information is kept secure and confidential;
(c) we may use any information stored for secondary purposes including marketing, reporting, training and improvement of all or any part of the Service.
Further information on the types of data stored can be found in the Privacy Policy.
8 INTELLECTUAL PROPERTY
8.1 The App, Website, Services, Content and all technology used to deliver the Services are our sole property or that of our suppliers and are protected by laws relating to intellectual property, including copyright laws, and international treaty provisions.
8.2 The compilation, organization and display of the Content as well as all software and inventions used on and in connection with the App are and remain our exclusive property or that of our suppliers.
8.3 We reserve all rights in the App, Website and the Content not specifically granted in any agreements with us or in these Terms.
8.4 Unless otherwise specified, all intellectual property rights in or arising out of the Content or provision of the App, Website or Services will vest upon their creation solely in us.
8.5 You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Content, App or Website without express written permission from us or unless expressly authorised by these Terms to do so.
8.6 Where (and only where) you are specifically invited on or by the App or Website to do so, you may download and/or copy Content for your own personal non-commercial use, but you must not distribute, modify, transmit, reuse, repost, or make use of any such materials in any way whatsoever for any other purpose without our express written permission.
8.7 All copyrights, trademark rights and other rights in or arising out of any part of our App, Website and/or the Content are either owned by or under licence to us. We reserve all of those rights.
9 DISCLAIMERS
9.1 Subject to clause 10:
(a) The Services provided “as is.” We and our Affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the service, including any warranty that the service will be uninterrupted, error free or completely secure. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) The entire risk arising out of the use or performance of the Service remains with you. You understand and agree that any software, material or data downloaded or otherwise obtained through the use of the Service, is at your own discretion and risk and that you will be solely responsible for any damage to your computer, device, system or network, including any loss or corruption of Your Content.
(c) The Services use Amazon Web Services and Microsoft Azure as a third party hosting service which is provided without any sort of warranties, and Designa cannot ensure that these third party hosting services are provided free of defect or without interruption.
10 OUR WARRANTIES, LIABILITY AND INDEMNITIES
10.1 The Services will be provided by us using reasonable care.
10.2 Other than as specifically set out in these Terms, all warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law are excluded to the extent permitted by law.
10.3 We and our Affiliates or licensors will not be liable for any special, indirect or consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing the App, Website or Services and Content to you or as a result of your use of or reliance upon any of the Services, App, Website or Content.
10.4 We and our Affiliates or licensors do not warrant and are not liable for any actions, omissions or information provided by any other person using the Services, App or Website.
10.5 We do not guarantee that any of the Content or any products or Services made available to you via the Services, App or Website will yield any particular result for you nor meet any needs you may have nor that any of them are suited to your particular circumstances.
10.6 We do not warrant that any of the Content or any products or Services made available to you via the Services, App or Website will be suitable for any particular purpose. We cannot and do not make any warranties about any communications or information that might be made between or given to you by any person(s) with whom you use the Services or App or Website to communicate as we are in no way in control of the content of any such communications.
10.7 In consideration for being given access to the App, Website and Content, you release and forever discharge us, our employees, servants, agents and Affiliates and licensors from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of any part of the Services, App or Website or reliance by you or any person upon any Content.
10.8 In further consideration for being given access to the App or Website and Content, you further release and forever discharge us, our employees, servants and agents and each of them from any claim or demand of any nature whatsoever associated with or arising out of any part of the Services, App, Website or Content that you have, had or but for this clause would have had against any of the parties so released.
10.9 Subject to our compliance with these Terms, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature, or any claim or liability of any nature brought against or incurred by any of them (including, without limitation, full solicitor and client legal costs on an indemnity basis), that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of the App or Website or from any breach by you of these Terms.
10.10 We will have the right to set off any amount payable by you under these Terms including any amount payable under an indemnity or attributable to loss or damage suffered by us in connection with your Account or your use of the Services.
10.11 Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. These Terms must be read and interpreted subject to such statutory provisions or any other similar provisions.
10.12 Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the relevant goods or Services again; or
(b) payment of the cost of having the goods or Services supplied again or repaired.
11 GENERAL MATTERS
11.1 The headings set out in these Terms are for convenience only and shall not in any way affect the interpretation of these Terms.
11.2 These Terms may only be amended by a further written agreement entered into between the parties.
11.3 In these Terms, the words “include”, “includes” and “including” are not words of limitation.
11.4 If any provision of these Terms is determined to be void, illegal or unenforceable by any law or regulation of any government or by any court, such provision will be severed from these Terms and the remaining parts, terms and provisions will remain enforceable.
11.5 These Terms and your relationship with us pursuant to these Terms are governed by the laws of Queensland, Australia.
11.6 You unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to these Terms.
11.7 These Terms constitute the entire agreement of the parties in respect of access to the App, Website, Services and Content and supersede all prior understandings, negotiations, agreements, written or oral, express or implied.
11.8 No waiver or breach of any of these Terms shall constitute a precedent or a waiver of any succeeding or other breach of the same.
11.9 When from time to time you log into or seek to access relevant parts of the App or Website, you may be asked to agree to our then current terms and conditions. We do not warrant that on any such occasion those terms and conditions will be the same as set out in this document.
11.10 If you require assistance, have any requests, wish to provide feedback or wish to lodge a complaint, please contact our customer service at sales_au@designa.com and we will endeavour to respond within 3 business working days.
