Last updated [11may2011]
1.1 The 'phone2park' service ("Service") and this website at www.phone2park.co.nz ("Website") are provided and operated by Parking Solutions Limited.
(b) 'we', 'our', 'us' and 'phone2park' are references to Parking Solutions Limited.
Use of the Service
(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.
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.
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.
8.1 We may cease to provide the Services to you and remove you as a registered user if at any time:
(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.
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.
10.1 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.
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