- Where you visit or access the Website without subscribing to a Parkapiki Membership, for the duration of your visit or access to the Website;
Your use of the Website
You agree to comply with all reasonable directions by us in when you use or access our Website.
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.
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 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 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.
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.
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.
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.
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).
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:
- The Parkapiki Marks, for purposes directly associated with your ParkPal Pro Membership in accordance with any guidelines provided by us.
- 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.
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.
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.
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.
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.
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.
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;
- We suspect that you are using the Website to commit an illegal or immoral act.
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.
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.
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).
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless otherwise stated.
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
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 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.