READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE
CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED
ANY FURTHER AND DO NOT USE THIS SITE. We reserve the right to modify these
Terms and Conditions at any time. You should check these Terms and Conditions
periodically for changes. By using this site after we post any changes to these
Terms and Conditions, you agree to accept those changes, whether or not you
have reviewed them. If at any time you choose not to accept these Terms and
Conditions of use, please do not use this website.
The terms “we”, “us”, and “our” refer to Touch to Buy Pty Ltd and its subsidiaries and affiliates (collectively, “Blue Dot Parking”). The term “Services” refers to our parking payment system for on-street and off-street parking areas and the related products and Services (collectively, the “Services”) provided pursuant to these terms and conditions (“Terms and Conditions”). The terms “you” and “yours” refer to the individual or company registering for or using the Services offered by us on this website.
2. SCOPE OF TERMS AND CONDITIONS
2.1 These Terms and Conditions apply to your use of all of the sites and Services owned or operated by Touch to Buy Pty Ltd (“Blue Dot Parking”) (“we” and “us”), for the benefit of users in Australia and New Zealand (“ANZ”) and any other site that we may own or operate in the future (collectively, the “Site”). Unless we say otherwise, all references to the Site in these Terms and Conditions include all such sites. Please note that this Site is intended for use in ANZ only and these Terms and Conditions apply only to use in ANZ. Blue Dot Parking agrees to provide the Services that you register for through this Site and mobile application. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow Blue Dot Parking to deliver the Services.
2.2 The contents of this Site are protected by national and international copyright and trademark laws and are the property of Blue Dot Parking. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.
2.3 Blue Dot Parking hereby grants you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.
3. YOUR USE OF THE Blue Dot Parking SERVICES
3.1 You are responsible for providing Blue Dot Parking with the correct information about you when you register for the Blue Dot Parking Service. Required details may include, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the Blue Dot Parking website, or via the mobile applications. 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. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the Services.
3.2 You activate the Services by either: (a) using your mobile phone to call us or (b) using the Blue Dot Parking app on your smart phone device or (c) using the Blue Dot Parking website (www.bluedotparking.com) when you park your vehicle in a designated parking space. You are responsible for all fees associated with the use of your mobile phone (e.g., per-minute phone charges).
3.3 You are responsible for correctly entering the relevant parking zone number, which is indicated on the parking meters or signs nearest to the relevant parking space, as well as the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking space number. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. 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 input the necessary details required to activate your parking session.
3.4 All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from Blue Dot Parking. The parking garage or parking lot owner’s parking regulations apply to you and your use of the Services does not exempt you from following their rules. Parking rates can be changed by the parking garage or parking lot owner at any time. Increases or modifications to parking fees are beyond Blue Dot Parking’s control. We pass the fees through to you and we are not responsible for any fee increases.
3.5 You are responsible for ensuring that you have properly activated the Services for the relevant parking zone 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 telephone or internet that the vehicle is validly parked. In parking locations that allow for early deactivation of your parking session, it is your responsibility to deactivate your parking session (i.e., before you leave the parking facility).
3.6 Blue Dot Parking is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. 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. If you authorize Blue Dot Parking to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Blue Dot Parking may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then Blue Dot Parking, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall Blue Dot Parking provide any of your credit card data to the relevant authorities in connection with such collection matters.
3.7 We attempt to be as accurate as possible when describing our Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.
4. COMPLIANCE AND OWNERSHIP OF Blue Dot Parking WEBSITE
4.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.
4.2 We own and shall retain all rights and interest in the intellectual property rights in the Site content, Services, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.
5. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS
5.1 As part of the Services, Blue Dot Parking may send reminders, alerts (further referred to as ‘notifications’), or critical service-related notifications via SMS text message, (“Mobile application”) push or email to its users, and you acknowledge and consent to the receipt of such messages.
5.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to Blue Dot Parking or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from Blue Dot Parking.
5.3 With each parking session, you may receive standard SMS messages, push or emails relating to your parking session or Blue Dot Parking service communications. In all cases, standard messaging and data charges assessed by your carrier will apply.
5.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a parking transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. Blue Dot Parking shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
6.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions.
6.2 Blue Dot Parking shall process the parking fee and other Services by charging your credit card, debit card, or PayPal account at the time of your parking transaction. You must have a valid credit, or debit card, or PayPal account, or suspension of services may occur. If your credit card or debit card is declined your Blue Dot Parking account may be blocked or terminated. Additionally, Blue Dot Parking reserves the right to transfer the claims for unpaid parking fees to third parties.
6.3 A history of your parking transactions, indicating the parking locations, times and costs is accessible by you from your Receipts section in the Blue Dot Parking application. If you require a printed invoice, you must print it from your Receipts section. Alternatively, if you wish to receive an invoice by mail, you may request one from us, and we will provide you with one, subject to a processing fee.
6.4 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. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorneys’ fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.
7. TERMINATION AND REMEDIES
7.1 Without limiting other rights or remedies set forth in these Terms and Conditions 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 and Conditions; (b) if we 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.
8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 Except as expressly provided otherwise, all Services sold, licensed or provided through this website are governed by these terms and conditions and are provided on an “AS IS” basis. Blue Dot Parking does not make any express or implied warranties, conditions or representations to you with respect to the Services, third party work provided hereunder or otherwise regarding these terms and conditions, 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, that is not contained in these terms and conditions, shall be binding on Blue Dot Parking. You acknowledge and agree that Blue Dot Parking shall not be liable for any error, omissions, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, Blue Dot Parking expressly excludes and disclaims any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose or that the Services (or your use here of) will be error free or uninterrupted. You assume all risks associated with the Services.
8.2 Neither Blue Dot Parking nor its officers, directors, employees, shareholders, agents, or representatives shall be liable for any incidental, indirect, 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 and conditions, including but not limited to, damages or costs resulting from the use of or inability to use the Services, even if Blue Dot Parking 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. Blue Dot Parking’s total liability 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 hereunder.
8.3 Blue Dot Parking is not 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 and Conditions or any other instructions given to you by Blue Dot Parking.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ 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 set forth in these Terms and Conditions; (iii) your negligence or willful 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 this website; and (vi) your use of this website or the products or Services of Blue Dot Parking or any third party.
10.2 Miscellaneous. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or in writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to email@example.com