USER TERMS AND CONDITIONS

These terms and conditions govern your rights and obligations and the use of the Urban Parking app service provided by Top of Tory Limited. Please read them before you use the App.

Interpretation: In these terms and conditions, the following expressions have the meanings set out:
a. “App” means the Urban Parking app service provided by Top of Tory Limited;
b. “Customer” means a person who uses the Urban Parking app service;
c. “Customer fee” means the $0.50 fee charged by Top of Tory to the customer for the customer’s use of the service;
d. “Payment express” means Windcave Limited;
e. “Member” means a registered user of Urban Parking app;
f. “Merchant” means a retailer, business or service provider who accepts orders and payments for its goods and/or services through the Urban Parking app service;
g. “Order” means an order for goods and services to be supplied by a merchant;
h. “Services” means the means of payment offered by Urban Parking app;
i. “Urban Parking” means Top of Tory parking app service;
j. “We”, “us”, “our”, and “Top of Tory” are a reference to Top of Tory Limited;
k. “You” and “your” are a reference to you; and
l. “Website” means the URL address https://urbanparking.co.nz/

Acceptance of Terms and Conditions: These terms and conditions are the terms on which access to the App is provided. By registering with the Urban Parking App, you accept these terms and conditions. If you do not accept these terms and conditions, you must not use this service

Amendment of Terms and Conditions: These terms and conditions may be amended in whole or in part by us from time to time and will become effective immediately without prior notice. By continuing to use the service after we have published revised terms and conditions on the Top of Tory website (https://urbanparking.co.nz), you agree to be bound by the revised terms and conditions as published.

User Access: Becoming a registered user is free. We grant you the right to use the App until your profile is terminated or until your access is revoked. If you are the user, you are responsible for paying for the services you are using

Fees: will be debited from the debit/credit card account(s) designated by you at the time of registration or subsequently. Customer fees are inclusive of GST (if any). Customer fees may vary from time to time without notice. When you purchase parking through Urban Parking app service you are authorising Payment Express to debit your nominated debit/credit card(s).

Disclaimer: You expressly understand and agree that you use Urban Parking at your own risk. We are not responsible for:
a. protecting Urban Parking users and merchants from debit/credit card abuse or other forms of wrongful or fraudulent activity; or
b. any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus on unauthorised access of our system; or
c. and damage, loss, or harm caused to you or your goods by any other person at the carparking site;
d. any inability to use the service that arises from an issue between you and your network or communication provider; or
e. any issues which may arise between you and a merchant.

Liability: Notwithstanding any other terms of this agreement, you agree that, to the maximum extent permitted by law, any and all liability and responsibility of Top of Tory Limited or its related parties employees agents or affiliates to you or any other person under or in connection with these terms and conditions, or in connection with Urban Parking app service, this website, any Urban Parking customer act or omission, or your use of or inability to use, the Urban Parking app service, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: By using this service you agree to release and indemnify us and to keep us indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you or a merchant to complete a transaction or out of or in connection with your use of the service. This includes loss due to any loss of goodwill or reputation.

Force Majeure: Without prejudice Top of Tory has no liability for any lack of performance, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

Breach: Without limiting any other rights and remedies available to us, we may limit your use of the Urban Parking app service, terminate your membership, or refuse to provide our services to you if in our opinion you breach these terms and conditions.

Security and Access: Top of Tory reserves the right to block anyone from using the Urban Parking app service at its sole discretion.

Use of Information: All information exchanged by the parties in the course of carrying out the service shall be used only for the purpose of providing the service and subject only to the next clause, shall be kept confidential by the parties. We do not sell, publish, or rent your personal information to third parties. Notwithstanding any other provision of this agreement, Top of Tory may make non‐specific information about its business (e.g. numbers of customers, geographic spread, turnover, transaction types and value etc.) available to prospective investors, bankers and purchasers for due diligence purposes.

Privacy: Urban Parking app collects information about you, including your registration details and your transaction activities through your use of the Urban Parking app service. You agree that we may use this information to assist us to provide Urban Parking service to you, for internal research purposes, to verify your identity, for promoting and marketing our merchants to you, and for any other use that you authorise.

Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering with the Urban Parking app service. You must maintain and update your personal information held by us to ensure it is kept current at all times. We may phone or email you to verify these details.

Updating Your Information: We provide you with ways in which you can alter, update and add to your personal data, including your email address, credit card details, password and phone number, however the responsibility for updating the information rests solely with you. Security of Your Information: You are responsible for keeping your login information, including your user name and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your user log in information; And not to disclose, or provide to any other person your user name, password or any other information in connection with your user identification that may allow them to gain access to your account.

Intellectual Property Rights: Top of Tory or its assignee, own all proprietary and intellectual property rights of the service and in the website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this service or website; Or commercialise, copy, or on‐sell any information, or items obtained from any part of the service or website.

Consumer Guarantees Act: Nothing in these terms and conditions will limit the effect of the Consumer Guarantees Act 1995, except to the extent permitted by the Act.

No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non - exclusive jurisdiction of the Courts of New Zealand.

Car Park Terms and Conditions: In addition to these terms and conditions, the user is bound by the terms and conditions as stated in the car park. You acknowledge and agree that you must check the stipulated access conditions and hours at the site before having any reliance on the App.

Fair Use: you must act reasonably and responsibly, including to other users at the carparking site.

Disputes: any dispute or difference arising under or in connection with these terms and conditions must be negotiated in good faith before any other method of dispute resolution or publication to the media.