This user agreement has been carried over from our previous website. We have updated details that changed with the new site, such as how card payments are processed, but the terms themselves are unchanged.
The following describes the terms on which Findacarpark offers you access to our services.
Welcome to the Findacarpark Pty Ltd (“FACP”) User Agreement. This Agreement describes the terms and conditions that govern your use of our services at https://www.findacarpark.com.au/ (the “Site”). If you have any questions, please direct them to info@findacarpark.com.au.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Findacarpark. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a Findacarpark member.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be notified in the News section of the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of Findacarpark. This Agreement is effective from your registration date.
1. Membership eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Findacarpark members. If you do not qualify, please do not use our services. Further, your Findacarpark account (including feedback) and user ID may not be transferred or sold to another party.
2. Fees and services
Joining Findacarpark is free. When you list a car space you have an opportunity to review and accept the fees that you will be charged for the use of our services. Our fee is a $14.95 (plus GST) listing fee per car space. This is payable by credit or debit card at the time of listing. Card payments are processed by our payment provider, SecurePay; Findacarpark does not store your card details. You are obligated to unlist your parking space if you have rented it out, either through Findacarpark or by other means.
Our fees policy is incorporated into this User Agreement by reference. We may change our fees policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting them on the Site. However, we may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free listing days), and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including GST, which will be added to amounts charged).
3. Online portal
3.1 Release
Both car park owners and renters release Findacarpark (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any arrangements the car park owner and renter have made.
3.2 Information control
We send you communications and notices regarding your transactions and your account on our Site. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the car spaces listed through our system. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe trading practices when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences.
4. Listing
4.1 Listing description
You must be legally able to lease your car space on our Site. You must describe your car space and all terms of lease on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to leasing the car space. All listed items must be listed in an appropriate category.
4.2 Fraud
Without limiting any other remedies available to Findacarpark at law, in equity or under this Agreement, Findacarpark may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
Findacarpark reserves the right to blacklist your property or properties from future listing on the Findacarpark website.
5. Your information
5.1 Definition
“Your Information” is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the contact or feedback areas) or through any email feature. Your Information includes the descriptions of car spaces and owners’ contact details that are displayed on our Site, as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restrictions
Your Information (including but not limited to any car spaces listed) must not:
- be false, inaccurate or misleading;
- be fraudulent or involve the listing of car spaces without authority from the owner;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices / fair trading laws);
- be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, be distributed to anyone not legally permitted to receive such content;
- contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers;
- be concurrently listed for lease on a website other than Findacarpark’s (this does not prevent linking to or advertising a Findacarpark listing from another website); or
- link to or include material you do not have a right to link to or include.
5.3 Licence
Solely to enable Findacarpark to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Findacarpark will only use Your Information in accordance with our Privacy Policy.
6. Access and interference
Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained in them without our prior express written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated in real time and is proprietary or is licensed to Findacarpark by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Findacarpark or the appropriate third party authorised to grant such permission.
7. Feedback
You may not take any actions that may undermine the integrity of the feedback system. If you receive negative feedback five times, your membership will be suspended, and you will not be able to list or rent.
7.1 Export
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Findacarpark, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than facilitating transactions between Findacarpark users, you agree that you shall not market or export your Findacarpark feedback rating in any venue other than a website operated by Findacarpark.
7.2 Import
We do not provide the technical ability to import feedback from other websites to Findacarpark, because a composite number without the corresponding feedback does not reflect your true online reputation within the Findacarpark community.
8. Breach
Without limiting other remedies available to Findacarpark at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
- you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause legal liability for you, our users or us.
Findacarpark reserves the right to blacklist your property or properties from future listing on the Findacarpark website.
9. Privacy
Findacarpark has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of Findacarpark.
10. No warranty
We and our suppliers provide our website and services on an “as is” basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
To the extent that Findacarpark and all affiliates and related entities of Findacarpark are able to limit the remedies available under this Agreement, and subject to clause 11 of this Agreement, Findacarpark and all affiliates and related entities of Findacarpark expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at Findacarpark’s sole discretion): in the case of services, the supply of the services again, or the payment of the cost of having the services supplied again.
11. Liability limit
In no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our services or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Findacarpark and all affiliates and related entities of Findacarpark have no responsibility for the legality of our members’ actions.
To the extent permitted by law, our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you paid to us in the 12 months before the action giving rise to liability, and AUD $100.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Findacarpark and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
12. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal compliance
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, the items you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will render a transaction void or unlawful (for example, the sale of interests in real property ordinarily requires a written document to be created).
It is the responsibility of the car park host and/or car park owner, and not Findacarpark, to declare any income earned from a car park listed on the Findacarpark website to the relevant authority (such as the Australian Taxation Office). Please consult your tax agent for advice on your situation.
You alone, and not Findacarpark, are responsible for confirming that your activities are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you comply with all clauses of this User Agreement and the Privacy Policy, and all other terms and policies incorporated by reference in those documents.
14. No agency
You and Findacarpark are independent contractors, and no agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by this Agreement.
15. Notices
Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or, if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Findacarpark Pty Ltd, Suite 22/25 Claremont St, South Yarra VIC 3141, Australia, Attention: General Manager, facsimile +61 3 9827 7792, PO Box 867, South Yarra VIC 3141, or to the email address you provide to Findacarpark during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Findacarpark during the registration process, or as updated by you. Any notice shall be deemed given (a) if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; (b) if sent by prepaid post, three business days after the date of posting, or on the seventh business day if sent to or posted from outside Australia; and (c) if sent by facsimile transmission, on the business day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, “business day” means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
16. Arbitration
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling of the arbitrator. The costs of the dispute are borne by the originator.
17. General
This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Findacarpark, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated in it set out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and services) with respect to fees owed for our services, 3.1 (Release), 5.3 (Licence), 6 (Access and interference), 11 (Liability limit), 12 (Indemnity) and 16 (Arbitration) shall survive any termination or expiration of this Agreement.
The services under this Agreement are offered by Findacarpark Pty Ltd, located at Suite 22/25 Claremont St, South Yarra VIC 3141, Australia. Fees for our services are described on the Pricing page.
Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is harmful to persons under the age of 18 years. Disputes between you and Findacarpark regarding our services may be reported to us through the contact page. We encourage you to try to resolve disputes with other users directly with them, and to use a certified mediation or arbitration entity, or report disputes to your local police or law enforcement agency, as appropriate.
Frequently asked questions about the User Agreement
Why is there a User Agreement?
The User Agreement is a legal document that spells out the relationship between you and Findacarpark. It outlines the services, fees, Privacy Policy, and the renter and owner relationship for listing and renting car spaces on Findacarpark.
Will the User Agreement change again?
It may change periodically. When revisions are needed, changes will be posted on the Site 30 days before taking effect, and noted in the News section.
What happens if someone violates the User Agreement?
Section 8 of the User Agreement allows Findacarpark to warn or suspend a user if they breach any part of the User Agreement. Anyone attempting to list and rent car spaces that are not theirs, or that they do not have the authority to list, will be prosecuted to the fullest extent of the law.
What does section 5.3 (Licence) mean?
This clause allows Findacarpark to host Your Information (as defined in the User Agreement) on our website. Because hosting material on a website involves copying, Findacarpark needs your permission to store such material on our servers in order to comply with copyright law. As stated in the Privacy Policy, Findacarpark does not sell or rent any personally identifiable information about you to any third party. This section of the User Agreement is necessary in order for Findacarpark to accept, store and use Your Information on our servers.
What does section 16 (Arbitration) mean?
This clause allows any user that has a dispute with Findacarpark to have that dispute arbitrated by a neutral third party. Consistent with Findacarpark’s community values, we feel it is always better to resolve disputes amicably and quickly if possible, and arbitration is consistent with this philosophy.