Terms of Use

These Terms of Use apply to this website which is operated by Parkapiki Pty Ltd (A.C.N. 619 757 783) (referred to as “we”, “us”, “our”) under the domain name www.parkapiki.com (“Website”).

By using or accessing any part of the Website (or any other applications, or product of ours) you agree to be bound by these Terms of Use, as amended from time to time and posted on this Website.

If you do not agree to any of these Terms of Use, including our Privacy Policy, you must immediately cease access to and use of the Website.

We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your access to and use of the Website following any amendment of these Terms of Use will signify that you agree to be bound by those amended Terms of Use.

Additional terms may apply to certain sections of this Website and shall appear on those sections. Where there is any inconsistency between these Terms of Use and those additional provisions, the additional provisions shall prevail.

Term

These Terms of Use apply:

Where you visit or access the Website without subscribing to a Parkapiki Membership, for the duration of your visit or access to the Website;
Where you subscribe to a Parkapiki Membership, for an initial term of 12 months. This Terms of Use is automatically renewed at the end of each 12 month Parkapiki Membership term.

Your use of the Website

Our Terms of Use is applicable to any use of our Website, and your level of access to and permitted use of the Website is in accordance with your Parkapiki Membership level.

You agree to comply with all reasonable directions by us in when you use or access our Website.

Where you subscribe to a paid Parkapiki Membership, you must continue to pay the subscription fee for the full 12 months, unless terminated in accordance with this Terms of Use. Your Parkapiki membership subscription is automatically renewed for a further 12 months at the then current subscription fees, unless terminated in accordance with this Terms of Use.

Additional Access to our Website – Parkapiki Memberships

In order to access certain features of our Website, you will need to subscribe to a Parkapiki Membership account (“Parkapiki Membership Account”). You may never use another person's Parkapiki Membership Account without their express permission.

When creating your Parkapiki Membership Account, you must provide accurate and complete information and you are responsible for maintaining the accuracy and currency of information provided by you.

You are solely responsible for any activity that occurs on your Parkapiki Membership Account, and you must keep any Parkapiki Membership Account password secure. You are solely responsible for maintaining the secrecy and confidentiality of any identification and log-in information required to access and use the Website.

Your Parkapiki Membership is not transferable. You must notify us immediately of any breach of security or unauthorised access or use of your Parkapiki Membership Account.

Although we will not be liable for any losses you suffer as a result of any unauthorised use of your Parkapiki Membership Account, you may be liable for the losses of us or others due to such unauthorised use.

Parkapiki Memberships

All applications for Parkapiki Memberships are subject to acceptance by us. We reserve the right to not accept an application for a Parkapiki Membership.

ParkPal

ParkPal Membership subscribers have access to:

Enter competitions, when you access the Website in an area where a competition is being held.
Post comments on park listing pages.
Parkapiki’s social networking service for read only use
The Parkapiki CMS to create your own Profile Page where you can post Content.
The Parkapiki CMS to create one Park Page where you can post Content
Application for ParkPal Membership is open to any individual who is, or group of individuals who are, at least 18 years old.

ParkPal Pro

ParkPal Pro Membership subscribers have access to:

Enter competitions, when you access the Website in an area where a competition is being held.
Post comments on park listing pages.
Parkapiki’s social networking service for full usage
The Parkapiki CMS to create your own ParkPal Profile Page where you can post Content.
The Parkapiki CMS to create unlimted Park Pages where you can post Content.
Other areas of the CMS if agreed to by us
Application for ParkPal Pro Membership is open to any individual who is, or group of individuals who are, at least 18 years old.

Your Content

Where your Parkapiki Membership permits you to submit Content to our Website (including on your ParkPal Profile Page), you acknowledge that we do not guarantee any confidentiality with respect to any Content you submit to our Website (including on your ParkPal Profile Page).

You are solely responsible for your Content and any consequences of submitting and publishing your Content on or through our website. We are not responsible for taking or maintaining backups of your Content.

By submitting your Content to our Website, you warrant that you own that Content or otherwise have secured appropriate rights, licences, consents and permissions from the rightful owner of that Content.

For clarity, you retain all your Intellectual Property Rights in your Content. However, you grant us an irrevocable, non-exclusive, royalty-free licence to use, copy, display, reproduce, distribute, republish, modify, transmit, adapt and sub-licence any data or your Content you submit to the Website (including on your ParkPal Profile Page), or that is generated by our Website in connection with your use of the Website, for any purpose notwithstanding that such use might breach any moral rights and you agree to waive any moral rights in respect of any Content you submit to our Website.

In addition, Members grant us non-exclusive, royalty-free licence to use, reproduce and communicate to the public your trade marks, service marks and logos and other for purposes associated with our Website or this Terms of Use.

Acceptable Use of the Website

You must ensure that Content submitted by you:

Is accurate and not false, misleading or deceptive; and
Does not breach any law, or breach any person’s rights of privacy, confidentiality or intellectual property.

We may in our discretion intercept, remove, alter or prevent access to any Content or data submitted by you that we, acting reasonably, believe does not meet the appropriate Content standards of our Website or is unlawful (including contravening government public health policies), harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable, or contravenes this Terms of Use.

You must not:

Upload to, post, distribute, publish or otherwise make available through, the Website (including on your ParkPal Profile Page):
Any Content or communication that is unlawful, harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable;
Any advertising or promotional materials unauthorised by us, “junk mail”, “spam” or “chain letters”; or
Any Content or material that contains malicious code, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Reverse engineer, reverse compile, de-compile or dissemble the object code in any of our proprietary software, or otherwise attempt to derive the source code any of our proprietary software, except to the extent permitted by law;
Disrupt or interfere with the Website, any services, accounts, system resources, servers or networks connected to or accessible through this Website or linked websites;
Conduct any data mining, reproduction automated queries or other data extraction processes; or
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.

Our Content

All Intellectual Property Rights in our Website, our Content and material created by us and any improvements, adaptations, translations and derivative works in it, are and will remain our exclusive property (and our licensors, if any).

ParkPal Membership:

We grant you a non-exclusive, non-transferable, revocable licence to use, reproduce, adapt, and communicate to the public our Content, solely for the purposes of the access granted to you as a holder of a ParkPal Membership under this Terms of Use only. You must not sub-licence or commercialise our Content or any part of our Website.

You must not use any Parkapiki Marks that appear on our Website without our express prior permission.

ParkPal Pro Membership:

We grant you a non-exclusive, non-transferable, revocable licence to use, reproduce and communicate to the public:

Our Content, solely for the purposes of the access granted to you as a holder of ParkPal Pro Membership under this Terms of Use only; and
The Parkapiki Marks, for purposes directly associated with your ParkPal Pro Membership in accordance with any guidelines provided by us.

Except for the rights expressly granted or authorised by us under this Terms of Use, you must not:

Modify, copy, transmit, distribute, display, reproduce, publish, create derivative works, rent, loan, sell or license our Website or our Content in whole or part;
Use or attempt to use any of our Content to create any other website;
Frame, mirror or otherwise include any part or page within our Website on any other website or application;
Remove, alter or obscure any of the Parkapiki Marks, or any proprietary or restricted use notice on our Website; or
Use any automated process of any sort to query, access or copy any of our Content or generate or compile any document or database based on the Content.

You acknowledge and agree that the unauthorised disclosure, use or copying of our Content or our Website may cause us serious loss that may not be adequately compensated by monetary damages. Accordingly, in the event of any unauthorised disclosure, use or copying of our Content or our Website, you agree that we have the right to seek injunctive relief to stop such unauthorised disclosure, use or copying.

Membership Renewal / Cancellation

Your membership will be renewed automatically each year and we will send you a renewal advice one month in advance to rebilling. This will include any changes to the subscription fees. You can cancel your membership at anytime by logging into your Membership Dashboard. This does not cancel any remaining time left on your current subscription but it will prevent any further rebilling charges.

Privacy

We are committed to protecting your personal information. Our Privacy Policy is incorporated into this Terms of Use and binds us both. We may update our Privacy Policy from time to time by posting a new version on our Website and it will be binding on you and us from the date it is posted on our Website. Our Privacy Policy may be accessed here [Privacy Policy].

Third party links

Links to websites of third parties may appear on this Website. Such links may be provided by us or Parkapiki Members and we do not endorse the content of those websites, their operators, their services or products.

We make no representations about and cannot accept any liability for third party websites.

Where we include advertisements by third parties on our Website, we disclaim all liability for any advertisement and/or any transaction, act or omission you make as a result of that advertisement.

Your access to third party websites may be governed by their own terms of use. It is your responsibility to ensure you read and accept the terms and privacy policy of any third party website or service that you access or use.

You are solely responsible for ensuring that you have secured appropriate rights to use, copy, adapt, translate, publish or otherwise deal with any third party software, Content and other materials on any third party websites.

We reserve the right to remove or delete any third party links and backlinks to the Website, in our absolute discretion, without liability to you.

Liability

We make no representations and give no warranties about the contents of this Website including we do not warrant:

Any fitness for purpose of the Website.
That the Website is free of inaccuracies, defects or errors.
The Website will operate without any interruption.
The Website or any Content on our Website will be compatible with any software, hardware or data not provided by us.

We may, in our discretion, change, delete or add features, functions, applications, offers, competitions, advertisement, branding or any other item on our Website, including the infrastructure or technology on which it is operated, without liability to you.

Nothing in these Terms of Use excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Competition and Consumer Act 2010 Cth (the Australian Consumer Law) in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement.

We are not responsible to you or anyone else for any loss suffered in connection with use of the Website or any of the content it contains. We exclude, to the maximum extent permitted by law:

Any liability which may arise as a result of use of this Website, including (but not limited to) the transmission of any computer virus; and
Any liability which may arise in connection with the contents of the Website or the material on it.

We (including our related bodies corporate, directors, officers, employees, agents and contractors) will not be liable for any indirect, consequential or special loss or damage arising out of your use of or access to the Website, including loss or damage to goodwill, loss of expected savings of loss or damage to any other expectation benefit of any kind. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

Indemnity

By accessing and using our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:

Your access to and use of the Website;
Your access to and use of your Parkapiki Membership;
Your use of any Content or third party website;
Any claim made against us by a third party alleging that of any of your Content (or your use of the Website) infringes the copyright of that third party.

Termination

We may, without notice to you, discontinue, suspend or terminate your Parkapiki Membership, or your access to our Website, if:

You do not pay your Parkapiki Membership by the due date and you have not remedied that payment within 10 business days;
You are in breach of these Terms of Use;
We suspect that you are using the Website to commit an illegal or immoral act.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and limitations of liability.

You are only entitled to a refund of any amount paid to us, including fees paid for a Parkapiki Membership, if that refund must be paid by law, including under the Australian Consumer Law.

All fees previously paid remain the property of us and you agree to make no claim in respect of such Fees. You must further pay to us any Fees that have accrued but are unpaid as at the date of the termination or expiration.

Email Communication

We may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.

Marketing

We reserve the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).

Severability

Any term of these Terms of Use that would be invalid under the governing law will be ineffective to the extent of its invalidity without affecting the remainder of these Terms of Use.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless otherwise stated.

Applicable law

These Terms are governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia

General

We reserve the right to amend these Terms of Use at any time. Your use of our Website following any amendment will represent your agreement to be bound by these Terms of Use as amended.

If any of these Terms of Use are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.

Our rights and remedies under these Terms of Use cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.

Disputes

Any dispute that arises out of these Terms of Use must first be referred to us for resolution, by providing us with a notice to team@parkapiki.com containing a summary of the issues and your proposed resolutions. We will do our best to resolve this dispute by discussion with you within 5 business days of being notified. If we are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.

Dictionary

Content means any domain names, stock photos, other images, SSL certificates, images, txt, logos, web links, video, social media applications, creative, editorial or technical specifications or other material.

Intellectual Property Rights means all existing, contingent and future rights in copyright, trade marks, trade/business or company names, designs, service marks, patents, semi-conductor or circuit layout rights, trade secrets, know-how, database rights or other rights in the nature of intellectual property (whether registered or unregistered), including the right to keep confidential information confidential, or any right to register such rights, existing anywhere in the world, or protected by statute from time to time, but for avoidance of doubt excludes Moral Rights;

Moral Rights means the rights of an individual that are defined as Moral Rights in the Copyright Act 1968 (Cth);

Park Page means a webpage published on our Website that is used for the purposes of describing and posting Content about parks and open spaces.

Parkapiki CMS means Parkapiki Pty Ltd's proprietary content management system.

Parkapiki’s Geofencing Toolkit means Parkapiki Pty Ltd's proprietary software tools within the Parkapiki CMS, for the creation and management of geo-fencing competitions.

Parkapiki’s Event Listing Toolkit means Parkapiki Pty Ltd's proprietary software tools within the Parkapiki CMS, for the creation and management of events on the Website.

Parkapiki Marks means all trade marks (whether registered or not), service marks, logos, trading names or other words, symbols or indicia identifying the services or business of Parkapedia Pty Ltd.

Parkapiki Materials means any Parkapiki Marks, Content documentation, information, data or material including electronic information or data provided or published by us.

Parkapiki Membership means the Website membership subscription levels as set out in this Terms of Use;

Parkapiki Members means a person who has subscribed to a Parkapiki Membership.

Parkapiki Profile Page means the profile page of a Parkapiki Member who has subscribed to either a ParkPal or ParkPal Pro membership.

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