Terms of Service

1) General

1. The terms 'we', 'us', and 'our' refer to Frogparking Limited and its subsidiaries and affiliates (collectively, Frogparking). The terms 'you' and 'yours' refer to the individual or company registering for or using the Services offered or referred to by us on this website, whether acquired directly through this site or through an app store.
2. Installation of a Mobile App to your mobile device will be required to access other Services. Mobile Apps can be downloaded from the relevant platform app store, and from the links provided on our website, www.frogparking.com. These Terms of Service apply to your use of all Services, including Mobile Apps, and any other services we may offer from time to time unless we specify otherwise. If you use or any of the Services, or download or install any Mobile App, you agree to be bound by these Terms of Service. If any of the terms are not acceptable to you, then do not use any of the Services.
3. By agreeing to these terms you also accept the terms of our privacy policy (Privacy Policy). A copy of this is available on our website.
4. Any additional terms and conditions relating to a Service will be made available to you at the point of access for that Service.

2) Provision of Services

1. Provided that you fully comply with these Terms of Service, Frogparking grants you a non-exclusive, non-transferable, revocable, limited right to access and use the Services that you register for, for your own personal or your internal commercial use only, and in the case of a Mobile App, on one device.
2. We may change any aspect of a Mobile App or another Service at any time, and/or impose restrictions or limitations to access without incurring any obligation or liability to you. We will endeavour to provide notice of any changes, restrictions or limitations to your access (although this may not be prior to such changes).
3. You may be required to download new releases or updates of Mobile Apps to continue to use the Services. These may have different terms and conditions and charges may apply to enable your continued use.
4. We may automatically provide updates to Mobile Apps in order to keep them up to date and running smoothly.
5. By using the Services, you may access functionality owned by third parties or use links to third party websites. We make no representations or warranties either on behalf of those third parties or otherwise. We have no control over those third parties and are not responsible or liable for any content on their sites or any matters arising from your interaction or contact with those third parties or third party sites. We recommend that you ensure you are familiar with third party terms and conditions and privacy policies and the appropriateness of any content.

3) Compliance and ownership

1. You are responsible for your own continuous compliance with these Terms of Service.
2. Frogparking owns or otherwise holds rights to, and shall retain all rights and interest in, the intellectual property rights in the Services and our proprietary information, which includes without limitation, all software, source code, specifications, designs, processes, techniques, improvements, inventions, logos, text and images.
3. You may not reverse engineer, reverse compile, or disassemble any Mobile App, the whole or any portion of any Service, or create derivative works based on any Mobile App or other Service.
4. You agree not to upload, email or transmit any material that contains viruses or other files or programmes that might or are designed to interrupt, destroy, modify or limit the functionality of Frogparking, or any services associated with Frogparking.

4) Use of Frogparking

1. You are responsible for providing Frogparking with the correct information about you when you register for Services, including, without limitation, your name, vehicle license plate, mobile telephone number, business details (if relevant), email address and method of payment details. You must inform Frogparking of any changes to this information in writing so that we can update your information in our system. You are responsible for keeping your password and login information for our website secret so that only you can access your account's personal pages on our website.
2. You activate the Services by using the Frogparking Mobile App on your mobile device when you park your vehicle in a designated parking space. This will involve data being sent from your device, for which your internet service provider or network will charge you at their applicable rates. You are responsible for all fees associated with the use of your mobile device (e.g., data charges) and we are not liable for any such charges.
3. You are responsible for correctly entering the relevant parking space number. Note that use of the Services does not guarantee you a parking space. You only activate the Services after you have found an available space. To correctly activate the Services when you have parked, you must follow the instructions given to you via the Mobile App on your mobile device. You are responsible for ensuring that the space you have parked your vehicle in matches the space shown on the map screen in the Frogparking application.
4. Increases or modifications to parking fees are beyond Frogparking's control. We pass the fees through to you and we are not responsible for any fee increases. All notices and signs or directions made by relevant government authorities, traffic attendants or authorised persons shall take precedence over any information that you receive from Frogparking. Parking rates can be changed by the parking space owner at any time.
5. You are responsible for ensuring that you have properly activated the Services for the relevant parking space before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile device that the vehicle is validly parked. In the event that the Services are unavailable, you must pay the appropriate parking fee that is due by paying on the premises (e.g. by paying for your parking at the nearest parking terminal).
6. Frogparking is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive or for any damage to your vehicle. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded.
7. You are solely responsible for driving and parking safely and carefully, and in compliance with all applicable laws. The use of our application while driving or parking may cause a distraction, and may be prohibited under applicable law. You agree to our Services (including Mobile Apps) in a safe manner that complies with all applicable laws; we are neither responsible nor liable for uses of any Services that are unsafe or not in compliance with applicable laws or these Terms of Service. If necessary, please pull over in a safe and legal manner when using the Services, and remain aware of your surroundings at all times. Your use of the Services is at your sole risk. Location data may not be accurate.

5) Information

1. Personal information about you will be collected and held by or on behalf of Frogparking, in accordance with the Privacy Policy. By using any Service, you accept the terms of our Privacy Policy. You may not be able to participate or receive all of the Services if all required information is not provided. Such information collected and held may be used from time to time to administer Frogparking, provide you with the Services, for marketing and promotional purposes and for other reasons as set out in the Privacy Policy. This information may from time to time be disclosed to, and collected from, Frogparking agents, affiliates, related companies and service providers and other participating enterprises. Under the Privacy Act 1993, you have rights of access to, and correction of, your personal information.
2. Any obligation we have to communicate with you will be discharged if we do so using the most recent contact details that you provide to us.

6) Fees

1. You agree to pay all fees set out on our website from time to time or otherwise notified to you for Services provided to you pursuant to these Terms of Service. Frogparking may increase any price or fee and/or payment terms for the Services at any time by giving advance notice of the change and its effective date to you.
2. Frogparking shall collect the amounts for your service plan, parking fees and any other Services made available to you by charging your credit card or debit card. A history of your parking transactions is accessible by you from our website.
3. If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute, and the applicable parking authority, if any, within thirty (30) days of receipt of such invoice. We will then look into it for you. We will not be obliged to consider any dispute where notice is not given to us within this timeframe.

7) Reminders

1. In connection with the Services, you may receive reminders and alerts via a Mobile App, and you acknowledge and consent to the receipt of such messages. Standard data charges assessed by your carrier may apply.
2. You acknowledge and agree that the receipt of reminders is not 100% guaranteed and that you are responsible for ensuring you either top up your parking time or vacate the parking space on time. Frogparking shall have no responsibility or liability for any costs, loss or liability incurred by you not receiving a reminder message on time howsoever caused, or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.

8) Disclaimer and Limitation of Liability

1. Except as expressly provided otherwise, all Services sold, licensed or provided through or referred to on our website are governed by these Terms of Service and are provided on an 'as is' basis and without warranties of any kind, either express or implied.
2. Frogparking and its officers, employees, shareholders, affiliates, agents, contractors, licensors, suppliers or partners (Associated Persons) disclaim all warranties whether express or implied, including but not limited to those in relation to merchantability, fitness for purpose and non-infringement of proprietary rights to the fullest extent permissible by law.
3. Neither Frogparking nor any Associated person warrant that the Service descriptions on our website are complete, reliable, current or error-free. If a Service is not as described, your sole remedy is to cancel the Services.
4. Neither Frogparking nor any of its Associated Persons warrant that any Mobile App or any other Service or the server that makes them available is free of viruses or other harmful components.
5. Neither Frogparking nor any of its Associated persons makes any express or implied warranties, conditions or representations to you with respect to the Services, third party works provided hereunder or otherwise regarding these Terms of Service, whether oral or written, express, implied or statutory. No representation or other affirmation of facts, including, but not limited to, statements regarding the performance of the Services, shall be binding on Frogparking or its Associated Persons. You acknowledge and agree that neither Frogparking nor its Associated Persons shall be liable for any error, omission, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, Frogparking expressly excludes and disclaims any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose to the fullest extent permitted by law or that the Services (or your use thereof) will be error free or uninterrupted. You assume all risks associated with the use of the Services.
6. Neither Frogparking nor any of its Associated Persons shall be liable for any direct or, indirect, incidental special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these Terms of Service, including, but not limited to, damages or costs resulting from the use of or inability to use the Services, even if Frogparking has been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. Frogparking's total liability (together with that of its Associated persons) for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) shall in no event exceed an amount equal to the total amount paid for Services purchased by you from Frogparking in the 12 months preceding your claim. In no event shall Frogparking be responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms of Service or any other instructions given to you by Frogparking.

9) Indemnification

1. You agree to indemnify, defend and hold Frogparking, its subsidiaries and affiliates and each of their respective Associated persons harmless from any claim, demand, action, cost and expense, including reasonable attorneys' and accountants fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation in these Terms of Service; (iii) your negligence or wilful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or services on our website; and (vi) your use of our website or the products or Services of Frogparking or any third party.

10) Termination and Remedies

1. Frogparking reserves the right to terminate or refuse to provide you with the Services for any reason, including, without limitation, your failure to pay for the Service, or if we decide that we no longer wish to provide that Service generally.
2. If you fail to comply with these Terms of Service, you may be, among other things, issued a parking ticket, penalty fee or have your vehicle impounded by the appropriate authorities for parking without paying the parking fee.
3. Without limiting other rights or remedies set forth in these Terms of Service or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website and the Services, in whole or in part: (a) if you breach these Terms of Service; (b) if we are or any of them are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.
4. Without limiting any other remedies, we may suspend or terminate your account, your access to our website and your use of any Services if we consider that you have engaged in fraudulent activity in connection with our website or any Services or have otherwise breached these Terms of Service.
5. If you choose to terminate your use of the Service(s) you can request in writing to support@frogparking.com a refund of your account balance. We will endeavour to provide you with a refund within thirty (30) working days with the total amount refunded being your credit balance less an administration fee of NZ$25 (Admin Fee).
6. Where we choose to terminate the provision of any Service, we will notify you, using the most recent contact details that you have provided us with. If you are no longer receiving any Services from us, we will refund to you the balance in your account less the Admin Fee, by transfer to your nominated account.
7. Funds held in an account that has been inactive or refunds that remain unclaimed, in both cases for a period of 10 years, whether because you fail to respond to requests from us for information or otherwise, will be deemed to have been forfeited and will become the property of Frogparking.

11) Miscellaneous