Phone2park A simpler way to pay for parking in Wellington

Terms and conditions

Phone2park Service and Website

Terms of use

Last updated [11may2011]

  1. General terms

    1.1 The 'phone2park' service ("Service") and this website at www.phone2park.co.nz ("Website") are provided and operated by Parking Solutions Limited.

    1.2 These terms of use govern all use of the Service and Website. By registering on the Website and so becoming a customer of Parking Solutions Limited you acknowledge that your use of the Service and the Website is subject to these terms of use.

    1.3 In these terms of use:

    (a) 'you' and 'your' are references to the person who accepts these terms of use, or on whose behalf these terms of use are accepted, during registration on the Website;

    (b) 'we', 'our', 'us' and 'phone2park' are references to Parking Solutions Limited.

    1.4 The terms of use incorporate our privacy policy. Please read our privacy policy in conjunction with these terms of use.

  2. Changes to terms of use and privacy policy

    2.1 We may revise these terms of use and our privacy policy at any time without notice and the revised version takes effect as soon as it is uploaded to the Website. It is your responsibility to regularly review these terms of use and our privacy policy. By using the Service and/or the Website you agree to the terms of use in force at the time of your use.

  3. Use of the Service

    3.1 The Service is as described on the Website and in these terms of use at the time of your use. If and to the extent of any conflict or inconsistency between these terms of use and any information included on the Website, these terms of use take precedence. You may use the Service as specified below at any time so long as there is available credit in your phone2park account (see 4 below):

    (a) the Service is available for parking at any Wellington City Council parking zone including coupon parking.

    (b) you will have legally paid for your park in a Parking place if you have paid for the Parking using the Service and received a confirmation text from phone2park confirming payment, paid parking time has not expired and your phone2park ID is visible in your windscreen;

    (c) the Service enables you to pay for Parking and to extend or reduce the time for which you are parked, subject to maximum parking time limits applicable for the relevant Parking;

    (d) use of the Services requires a mobile phone that can send and receive text messages;

    (e) no paper receipt or other hard copy will be issued for display in your vehicle; parking wardens connect to the phone2park system to check whether you are legally parked.

    3.2 Your use of the Service is dependent on factors outside of our control including without limitation network outages and network congestion and as such we cannot and do not warrant that the Service will be continuously available or available without interruption.

  4. Fees and payment

    4.1 The cost of Parking is fixed by the Wellington City Council.

    4.2 Our fees, which apply each time you use the Service, are specified on the Website. We reserve the right to change our fees at any time by specifying new fees on the Website.

    4.3 You are responsible for payment to your telecommunications provider of all text message charges incurred in the use of our Service.

    4.4 It is necessary to maintain a credit balance in your account with us, from which payment for Parking and for our Services will be made. Payments into your account with us can be made via internet banking or by credit card payment. Confirmation texts will include your account balance.

    4.5 When your mobile phone is used to request our Services to pay for Parking the applicable parking fee, together with our Service fee, will be deducted from your account with us. We will submit the Parking fee component to Wellington City Council. We have no responsibility to check and will not check on whether the mobile phone was used by you or with your authority.

    4.6 You will not be able to pay for Parking or our Service if there are insufficient funds in your account with us. We will not fund any Parking or use of our Service by permitting a negative account balance. Despite this, if for any reason you do have a negative balance in your account with us at any time, we may take action against you to recover the outstanding amount together with any expense incurred in the process of recovering that amount from you, including legal fees and any debt collection fees incurred.

    4.7 You may at any time cease to be a registered user of phone2park only by de-registering online via phone2park website in which case we will refund to you any credit balance that you may have in your account with us. If you deregister, you also agree to immediately remove your phone2park windscreen display.

  5. Use of Website Information

    All content on the phone2park website is copyright of Parking Solutions Limited. Use of such content is strictly prohibited without the express permission of Parking Solutions Limited.

  6. Privacy

    6.1 Any personal information that you provide to phone2park, whether it is provided via the Website or otherwise, will be treated in accordance with phone2park's privacy policy.

  7. Intellectual Property

    7.1 All copyright, trademarks and all other intellectual property rights ("Intellectual Property") in the Service and the Website , is and will remain phone2park's property or the property of phone2park's licensors. You are permitted to use the Service only as anticipated in these terms of use and on the Website.

    7.2 Nothing in these terms of use assigns to phone2park any ownership of information made available by you during or subsequent to registration.

    7.3 Nothing contained on the Website or in these terms of use should be construed as granting to you any license or right to use any trademark displayed on the Website without the prior written permission of phone2park or the third party that owns the trademark. Any misuse of the trademarks displayed on the Website is strictly prohibited.

  8. Termination

    8.1 We may cease to provide the Services to you and remove you as a registered user if at any time:

    (a) you breach these terms of use; or

    (b) you use, or attempt to use, the Services in an inappropriate manner or for a purpose for which the Services are not intended; or

    (c) we are requested to do so by the Wellington City Council for any reason.

    8.2 If we cease to provide the Services to you and remove you as a registered user under clause 8.1, we will refund to you any credit balance that you may have in your account with us.

  9. Limitation of liability

    9.1 In no event shall phone2park be liable for any direct, indirect, incidental, special or consequential loss whatsoever arising in connection with your use of the Services or the Website.

    9.2 In the event that the exclusion of liability in clause 9.1 is unenforceable, phone2park limits its liability to direct loss only and to a maximum of NZD1,000.

  10. General

    10.1 We reserve the right to assign the benefit of the whole or part of any of its rights under these terms and conditions to any third party.

    10.2 If any part of these terms of use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms of use shall not be affected.

    10.3 No delay or failure by phone2park to exercise any powers, rights or remedies under these terms of use will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

  11. Governing law

    11.1 These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you and Parking Solutions Limited submit to the non-exclusive jurisdiction of the courts of New Zealand.

© Parking Solutions Limited 2011

If you have any questions regarding these terms of use, please contact us.