Terms Of Use

About the Website

This website is owned and operated by Rentmy Carpark Pty Limited (ACN: 132 469 124).

This website is an online advertising medium only, primarily involved in Carparking. The role of this website is to facilitate the introduction of two (User and Visitor) external parties such that they may form a mutually satisfying long term or short term business transaction or commercial agreement.

We are not involved in the actual transaction between these parties. 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. Whether items advertised are fit for purpose or offered for advertisement legally by third parties is outside of the Company’s control.

It is the responsibility of the User (advertiser) to guarantee the truth of any advertising material listed on this website, and the responsibility of the Visitor (party who is seeking to enter into a business transaction with the User) to verify the veracity of the User’s claims.

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.

We 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 all information specific to a Carpark displayed in this website is created by an external User 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.

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 User is not lawfully entitled to offer the Carpark for use by another Person

The Company may bar or suspend (permanently or temporarily) a Person (Users and Visitors) 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 and Visitor Obligations

All Persons (Users and Visitors) 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

Users (advertisers) herby acknowledge that they:

  • Are lawfully entitled to offer the Carpark for use by another Person
  • Assign all copyright in your advertisement to the Company
  • Will disable their advertisement (as applicable) upon the Carpark being effectively withdrawn from the market and no longer available to Visitors of the website
  • Will advertise themselves as Corporate Users or Private Users as appropriate
  • 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

Visitors herby acknowledge that they:

  • Will not make spurious offers or nuisance approaches to Users
  • Are genuinely intent on looking for a Carpark for use at reasonable rates, and not simply gauging the market

Agency

The Company and Users (and Visitors) are independent entities and no agency or joint venture is intended or created by these Terms of Use.

Advertising Rates and Payment Terms

All Private Users 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 User has the option to renew their advertisement at whatever Advertising Rates and Payment Terms are applicable at the time of renewal.

Corporate Users may, at the discretion of the Company, be subject to an individual contract for services provided. Should this be the case, the terms of those individual contracts override the Advertising Rates and Payment Terms part of this agreement, or as varied by said individual contract. Alternatively the Company may at its discretion elect to have Corporate Users make payments in the same manner as Private Users, albeit at differing scheduled rates.

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 inclusive of the Goods and Services Tax (GST).

At present Private Users, and Corporate Users not on individual contracts, may only make payment via Paypal. Note that Users 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.

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

The Company 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 remove the 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.

All advertisements remain on the website until removed by the User, or upon the expiration of the fixed term of service having been completed. User accounts (homepages) remain on the website until removed by the User, or when the Company considers the account to be invalid due to a lengthy dormancy of the User account. The Company will attempt to contact a User 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 Users, any amendments made to these Terms of Use will be considered effective two weeks after the amendments are posted on the Rentmy Carpark website. For Visitors, any amendments made to these Terms of Use will be considered effective immediately upon the amendments being posted on the Rentmy Carpark 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 (and Visitor) 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 (and Visitors) 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 User is not legally entitled to offer a Carpark for use by another Person
  • 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 Carpark is no longer available for use by another Visitor
  • Placing a single Carpark advertisement when there are multiple Carpark spaces available
  • Advertising as a Private User when the Company has reasonable grounds to assume that the enterprise is such that a Corporate User advertisement should be used

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 Users. 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.

Users and Visitors to this website will as a result of contact through the website form channels of communication between each other and possibly enter into commercial agreements with each other. The Company plays an introductory role only and plays no active or passive part in any correspondence, negotiations or dealings subsequent to the original introduction. As such the Company accepts no liability for any loss or damage suffered by either party as a result of the ensuing relationship.

The Company does not warrant or guarantee that all Users and Visitors to this site are entitled to enter into legally binding commercial arrangements. It is up to each Person to ascertain whether the other Person is legally entitled to discharge any commitments they have undertaken. In particular a User should be able to verify that they are legally entitled to offer a property (or part thereof) for use in a commercial arrangement, and all Persons should be able to verify they are entitled to enter contractual arrangements where applicable.

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 and Visitors obtain no interest in that property. Users and Visitors may not do anything which interferes with or breaches the intellectual property rights of the Company. The Company grants Users and Visitors to 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

If at any time you have any questions in relation to these Terms of Use you can contact:
Rentmy Carpark Pty Ltd
Email: hello@rentmycarpark.com.au

Definitions

Carpark: Means parking or storage for cars, trucks, motor cycles, boats or any other vehicle. For the purposes of this agreement it also includes general storage of items other than vehicles.

Corporate (User): Means a Person whose primary business is that of running a Carpark (within the definition of this agreement). Note that a Person to whom income from Carparking is not their primary source, may still be deemed to be a Corporate User with respect to their dealings with the Company. The Company reserves the absolute right to determine whether a User’s status is Corporate or Private.

Company: Means Rentmy Carpark Pty Limited.

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

Private (User): Means a Person to whom the business of running a Carpark (within the definition of this agreement) is a secondary consideration. Note that a Person to whom income from Carparking is their primary source of income, may still be deemed to be a Private User with respect to their dealings with the Company. The Company reserves the absolute right to determine whether a User’s status is Corporate or Private.

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

Visitor: Means the Person who is perusing the advertisements with the aim of finding a suitable User with which to enter into a business transaction. This Person is transient with respect to the website and has no website presence in that they do not have a secure account.