AT Park terms of use AT Park terms of use
These terms of use (“Terms”) detail your rights and obligations for use of the AT Park product and service and you agree to be bound by them immediately upon your successful registration for use of AT Park.
1. Definitions
“Account ID Information” means the username and password that you provide on registration for the use of AT Park.
“Account Application Form” means the aggregate of the data collection screens that you complete upon registration for the use of AT Park.
“AT” means Auckland Transport.
“Documentation” means any printed and electronic document or documentation (if any) provided to you in connection with AT Park by AT, including but not limited to these Terms, instructional and operational manuals covering the use of AT Park, any other quotations for the provision additional or optional components of AT Park or including licensing, support services or other services used in conjunction with AT Park.
“Intellectual Property Rights” means a proprietary or personal right arising from intellectual activity in the business, industrial, scientific or artistic fields. It includes a copyright, trademark, design, patent, semi-conductor or circuit layout rights, trade, trade and service mark rights, business or Company Names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of tthese Terms and whether existing in New Zealand or otherwise.
“IVR” means Interactive Voice Response.
“Licence” means the license to use AT Park within these Terms.
“Method of Payment” means the valid and current credit card details that you associate with your AT Park Account for the purposes of paying Parking Fees.
“Parking Event” means the period of use of a Parking Operator’s Parking Facility for a specified period of time (as determined by the arrival and departure times of any vehicle).
“Parking Facility” means that area be it a parking bay, street or other area specified for parking that is provided and operated for the purposes of providing parking services.
“Parking Fee” means a fee associated with a Parking Event. Fees are published and updated on the AT website from time to time.
“Payment Terms” means those terms as detailed by clause 6) of these Terms.
“Payment Channels” means the channels to start and stop a Parking Event using AT Park, which are:
- AT Park phone application.
- AT Park website.
- AT Park call centre using an IVR.
- AT Park call centre representative.
- AT Park SMS service.
“AT Park” means the payment collection service provided by AT via the AT website, the AT Park App or the AT Park Call Centre for the collection of Parking Fees.
“AT Park Account” means the account details you have registered with AT via the AT Park App, AT Park website or AT Park Call Centre for use of the AT Park service and all the associated transactions or other activity that is recorded using your Account ID Information.
“AT Park App” means the smartphone application provided by AT for the facilitation of the AT Park service.
“AT Park Call Centre” means the call centre service that has been established by AT to support the AT Park service and facilitate customer service in relation for the AT Park service.
“AT Park website” means the website that has been established to facilitate the AT Park service through online registration and transactions, and is located at http://www.AT.govt.nz/atpark
“Restrictions of Use” means those terms as detailed by clause 3)b) of these Terms.
“Security Terms” means those terms as detailed by clause 5) of these Terms.
“SMS” means the Secure Message Service used by telecommunication operators that permits text or other messages to be communicated to any mobile phone service.
“Vehicle ID Information” means any vehicle registration number and associated mobile number that is recorded on your AT Park account.
2. Introduction
a) AT Park is a payment collection service that facilitates your payment of applicable Parking Fees for selected on-street and off-street paid parking sites in Auckland operated by or on behalf of Auckland Transport.
b) AT Park is provided via the AT website (AT.govt.nz/atpark), the AT Park App - smartphone application which is available from:
i) Google Play; and
ii) The App Store.
c) You are required to register for use of AT Park via the AT website and the AT Park App.
d) You are able to maintain your AT Park Account – modifying, deleting or adding relevant information including Vehicle ID information via the AT Park website, the AT Park App or the AT Park Call Centre.
e) The payment channels to start and stop a Parking Event using AT Park are:
i) AT Park phone application.
ii) AT Park website.
iii) AT Park call centre using an IVR.
iv) AT Park call centre representative.
v) AT Park SMS service.
f) AT owns the AT Park brand, AT Park logo a license to operate the AT Park technology.
3. Licence
a) License Rights. AT grants to you and you accept, a non-transferable and non-exclusive right to use, without the right to sub-licence, AT Park subject to the following terms:
i) You are only licensed to use AT Park, and acknowledge that there has been no title in the product passed on to you by AT;
ii) You have registered to use AT Park and maintain a current AT Park Account with AT;
iii) You acknowledge and agree to use AT Park in accordance with these Terms including:
(a) the Security Terms;
(b) the Parking Fees;
(c) the Payment Terms; and
(d) the Restrictions of Use;
as set out herein.
iv) You acknowledge that AT has full right to alter the AT Park features or functionality from time to time as it deems appropriate and will publish appropriate user documentation on the AT Park website in relation to such modifications; and
v) You acknowledge and agree your right to use AT Park may be revoked by termination of this agreement as specified by clause 12.
b) Restrictions of Use. You will not and will not allow any third party to:
i) use AT Park for any purpose other than to facilitate the payment of Parking Fees;
ii) attempt to translate, reverse engineer, decompile, disassemble or attempt to reconstruct or discover any source code or underlying ideas or algorithms of AT Park by any means;
iii) provide, rent, lease, License, transfer or grant any of your rights of use in AT Park (in full or in part) to any third party except as permitted elsewhere in these Terms;
iv) remove or alter any product identification, copyright, trademark or other proprietary notices, labels or marks on or in AT Park;
v) modify, incorporate into or with other software, or create a derivative work of any part of AT Park other than as expressly permitted by AT in writing; or
vi) except as expressly permitted by AT, transmit or use AT Park over a network of interconnected computers and associated devices.
c) Title. Title to and ownership of AT Park, the Documentation, the AT Park brand and logo, all modifications (and all copies and portions) thereof, and all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property embodied in AT Park and the Documentation, and modifications and derivative works thereof, is permanently and irrevocably vested in AT and its suppliers and shall remain with AT and its suppliers. This includes:
i) the right to modify, enhance or reengineer portions of AT Park in subsequent releases of the product or service;
ii) the right to resell copies of or licence AT Park to other third parties;
iii) right to sell the intellectual property to a third party; and
iv) the right to alter the AT Park features and functionality, from time to time.
d) Other than to the extent of the Licence granted hereunder, no licence, right or interest in any AT Park or any other of AT’s trademarks, service marks or trade names is granted to you under these Terms.
4. Registration
a) You are required to register for use of AT Park via the AT website and the AT Park App.
b) In registering for the use of AT Park you are required to provide the information requested by the Account Application Form including:
i) your contact details (including your full name);
ii) a username and password to be associated with your AT Park Account (the “Account ID Information”);
iii) the details of your method of payment;
iv) at least one vehicle registration number and a mobile number to be associated with that vehicle registration number (“Vehicle ID Information”); and
v) any further account information which may be required to protect the security of your AT Park Account.
5. Security Terms
a) You are not permitted to disclose your Account ID Information to any third party and in doing so (to the fullest extent permitted by law), you relieve AT of any liability it may or may not have to you in respect of any breach of misuse of your confidential information through the use of your Account ID Information by any third party (including any liability for any activity on your AT Park Account).
b) You are entirely responsible for all use and activity (including any payments for Parking Events) that occurs on our AT Park Account with the use of your Account ID Information, via the Payment Channels. Your use of the AT Park App and AT website is subject to these Terms and the AT Website and Mobile App Terms and Conditions. To the extent of any inconsistency between these Terms and the AT Website and Mobile App Terms and Conditions, these Terms will prevail in relation to AT Park.
c) You acknowledge that in nominating any Vehicle ID Information to be associated with your AT Park Account that you agree that the applicable fees will be automatically deducted from your nominated credit card by any party who initiates a Parking Event via the Payment Channels for any vehicle registration numbers that you have associated with your AT Park Account.
d) You accept full responsibility for maintaining the currency of any Vehicle ID Information that is associated with your AT Park Account at any particular time - modifying, deleting, or adding such information as you determine.
e) You agree to notify AT immediately of any unauthorised use of your Account ID Information immediately upon becoming aware of such use.
6. Payment Terms
a) Method of Payment
i) You will provide a valid credit card to be associated with your AT Park Account at all times as the “Method of Payment” for your AT Park Account at any time.
ii) You warrant that the credit card information that you provide will at all times be correct, valid, and current information that you are authorized to provide.
iii) You agree to update your Method of Payment details via the AT Park App, AT Park website, or AT Park Call Centre should your credit card be cancelled, suspended, expire or its details otherwise change.
b) While AT does not store or transmit payment card data, it does process card payments which are subsequently handled by an external service provider who are certified as being PCI DDS compliant. AT itself has achieved compliance at a merchant level 2.
c) Automatic deduction
i) For any Parking Event that is initiated with your AT Park Account through a Payment Channel, you authorise AT to automatically deduct the Parking Fee using the Method of Payment that you have associated with your AT Park Account.
ii) In the event that an automated payment that AT is authorized to make with your nominated Method of Payment, is declined by your credit card provider:
(1) you will be notified and your AT Park Account will be suspended immediately. In such event, your AT Park Account will not be able to be used for the payment of Parking Fees until your credit card balance is sufficient to pay the outstanding amount.
(2) you authorise AT to attempt to recover the outstanding amount. If you don’t pay the amount owing on your AT Park Account, after ninety days has passed since the date of the failed transaction AT will permanently disable your AT Park Account and send the outstanding amount to a third party debt collection agency and you will be liable for lodgement fees and collection commission. This may also affect your credit rating.
d) There will be a minimum payment amount of at least 15 minutes of parking for all AT Park payment areas.
e) Payments made pursuant to these Terms are subject to the AT Online Service Payment Terms. To the extent of any inconsistency between these Terms and the AT Online Service Payment Terms, these Terms will prevail in relation to AT Park.
7. Your AT Park Account
a) AT may, in its absolute discretion, suspend your AT Park Account if you breach any of these Terms. In the event that we suspend your AT Park Account:
i) the suspension will remain in force for such period as AT may direct; and
ii) AT may require the payment of a reasonable administration fee and impose such other terms as AT deems necessary or desirable as a condition of reactivation of a suspended AT Park Account.
b) Dormant AT Park Accounts:
i) When your AT Park Account has been inactive for a continuous period of no less than 24 months AT may, at its discretion, deem the AT Park Account to be inactive.
ii) At that point, AT will make an attempt to contact you via email or other means as it may deem appropriate.
iii) If AT is unable to contact you, after a further period of no less than 3 months, your AT Park Account may be closed and disabled. In such event, your AT Park Account will not be able to be used for the payment of Parking Fees.
c) You accept full responsibility for ensuring that your AT Park Account is current.
d) You may disable your AT Park Account at any time by contacting the AT Park Call Centre.
e) AT will make available, on the AT website, an online transaction statement and GST invoice detailing each individual transaction on your AT Park Account for the previous 30 days (or for such other period as AT may determine from time to time).
f) You agree to update your AT Park Account to reflect any changes in your vehicle details, name, address or registered office details immediately upon the occurrence of such a change.
g) You shall be exclusively responsible for the management, and control of your AT Park Account, including but not limited to:
i) maintaining the confidentiality of your Account ID Information;
ii) maintaining the Vehicle ID Information associated with your AT Park Account;
iii) maintaining the validity of your Method of Payment; and
iv) ensuring that you follow the instructions for the correct and proper use of the AT Park App, AT website or other use the AT Park service that are published or otherwise notified by AT from time to time.
h) You must not modify or use AT Park in a manner which is illegal or interferes with the reasonable enjoyment or use of AT Park and related services by any other party.
8. Transaction details
All transaction details and other details recorded as a result of you using your AT Park Account will be recorded and retained by AT and its suppliers.
9. GST
The Parking Fees, charges and other amounts payable to AT under these Terms are stated and payable in New Zealand dollars inclusive of GST, if any. A tax invoice will be provided to you when such amounts are paid through your AT Park Account. If you need to make an expense claim or GST claim, please use a printout from your AT Park Account as a basis for your claim.
10. Parking fees
a) AT Park allows you to register the start of a Parking Event (register the start parking time) and register the completion of the Parking Event (register the end of the parking time). It is your obligation to correctly initiate and terminate the Parking Event.
b) By starting a Parking Event through the Payment Channels, you immediately authorize AT to deduct from your Method of Payment any Parking Fees associated with that Parking Event.
c) You accept full responsibility for registering the commencement and completion of your Parking Event accurately by using the Payment Channels and agree that in the event that you do NOT actively register the completion of a Parking Event, that the maximum Parking Fee applicable will be deducted from your Method of Payment.
d) It is your responsibility to fully understand the rates and conditions for the Parking Facility you use.
e) You expressly indemnify AT against taking any action or from making any other claims against AT in respect of the amount of Parking Fees deducted from your Method of Payment that are consistent with any Parking Fee rates and conditions for the Parking Facility.
f) You acknowledge that Parking Fees can be increased by AT at any time and that any such increases will become immediately binding on any user of their Parking Facility and will be automatically applied by AT in the AT Park service.
g) Any partial payment of the applicable Parking Fees by the AT Park application from your AT Park Account does not relieve you of your responsibility to fulfill complete payment of the Parking Fees when notified to do so by AT.
h) You acknowledge that AT Park is only one of several payment options available to you for the payment of Parking Fees applicable to your use of any Parking Facility and you expressly indemnify AT against taking any action or from making any other claims against AT in respect of the availability of the use of your AT Park Account for the payment of Parking Fees.
i) You agree that you are entirely responsible for maintaining your AT Park Account and Method of Payment as current.
j) Once a payment for Parking Fees is deducted from your Method of Payment, that payment shall be the same in law as the payment of such Parking Fees by you directly to AT. Your debt to AT in respect of such Parking Fees is extinguished.
k) You accept full responsibility for using the Parking Facility in accordance with AT’s terms of use, applicable By-Laws and other legislation and acknowledge that the payment of Parking Fees from your AT Park Account does not relieve you of any obligation for penalties, fines or other infringements which you incur during your use of any Parking Facility in contravention with AT’s terms of use.
11. Refunds
AT, acting reasonably, reserves the right to refuse a refund for any Parking Fees deducted from your Method of Payment.
12. Termination
a) This agreement between yourself and AT in respects of the use of AT Park may be terminated by AT immediately upon:
i) Any misuse by you of the AT Park App, AT Park website or the AT Park service in any way;
ii) Any misuse of your AT Park Account by yourself or any third party including any fraudulent activity; or
iii) Any breach by you of any of these Terms;
iv) If after 90 days of your AT Park Account being suspended under clause 6(c), a valid Method of Payment has not been provided by you; or
v) You become bankrupt or are otherwise unable to pay your debts in full as they fall due; or
vi) If AT’s license to operate the AT Park technology is terminated or AT otherwise determines it will cease to provide the AT Park service.
b) This agreement between yourself and AT in respects of the use of AT Park may be terminated by you having provided 7 days’ notice to AT via the AT Park Call Centre that you wish to close your AT Park Account.
c) Clauses 3), 14), 16) and 17) survive termination of this agreement.
d) Termination or cancellation of this agreement for any reason, does not affect any other rights or remedies available to either you or AT which arose at or before the end of the termination of the agreement.
13. SMS Notification Services
a) SMS notification services are available to you as a reminder that your Parking Event is due to expire. It is your responsibility to ensure that you have paid for sufficient parking time in the Parking Facility.
b) AT will not charge you for the SMS notification services but your telecommunications provider may charge you for transmission of, or receipt of, SMS services.
c) SMS Receipts/Reminders: If the SMS message cannot be delivered to the recipient’s phone, it is queued by the cellular service for later retry. When it is retried, how often, and for how long, all depend on the cellular service i.e. your mobile network. So, even if the recipient loses signal only for a few seconds, that could cause a text message to be undeliverable and queued, and not delivered until some unspecified time in the future. Therefore it remains your responsibility to ensure the vehicle is legally parked in the Parking Facility. If you are in doubt, you may call the AT Park Call Centre to confirm that a valid Parking Event is active for your vehicle.
d) You acknowledge that SMS messages are not always guaranteed to be delivered and that AT cannot be held responsible for their successful delivery unless it is shown that the SMS failed to be delivered due to a fault with the AT Park App, or the AT Park website. (SMS messaging is a “store and forward” technology that depends on various cellular carriers and their networks. As such, individual messages are not guaranteed to arrive at their destinations and can also be delayed).
14. Indemnities
a) You indemnify AT against all actions, procedings, claims, liabilities, penalties, costs (including legal costs on a solicitor and own client basis), awards, damages, losses and expenses arising directly or indirectly as a result of:
i) You altering, interfering with or tampering with the AT Park website, the AT Park App, your AT Park Account or your Method of Payment (or allowing a third party to do so);
ii) Your failure to comply with any of these Terms;
iii) The breach of these Terms by anyone using your AT Park Account with valid Account ID Information or valid Vehicle ID Information;
iv) Your negligent or wilful acts or omissions; or
v) Our collecting, using, storing, and disclosing personal information you have provided to us about another person in the manner set out in the AT Privacy Policy
b) Your liability in respect of this clause 14) is reduced to the extent that it can be shown that AT has contributed to such loss, damage or liability.
15. AT Park customer service
a) You may contact AT in respect of any aspect of the AT Park service:
i) By phone – 09 528 7275 (7am to 10pm, 7 days)
ii) By web – at.govt.nz/about-us/contact-us
iii) By mail – Private Bag 92250, Auckland 1142
b) You may clarify or notify any disputed payment deduction by either of the methods in clause 15)a) and AT will provide correct the error on your AT Park Account or otherwise provide a response to you at the address associated with your AT Park Account within 60 days.
16. Privacy
Where AT collects personal information from or about you in order to provide you with an AT Park Account or through your use of the AT Park service, the AT Privacy Policy available on our website will apply. For an explanation of our practices and policies relating to the collection, use, and storage of your personal information, please refer to the AT Privacy Policy, which forms part of these Terms.
17. Limited warranty, liability and disclaimer
a) AT makes no representation to you about the availability of the AT Park service. If the AT Park service is not available you are still obliged to use one of other payment options available to you for the payment of Parking Fees applicable to your use of any Parking Facility.
b) You acknowledge and agree that AT has no liability to you in respect of the availability of any Parking Facility.
c) You acknowledge and agree that AT has no liability to you in respect of the availability of payment alternatives other than AT Park in the event that the AT Park service is not available to you at any time.
d) There may be scheduled outages of the AT Park website and AT Park App from time to time that will be notified on the website in advance.
e) Warranties and Representations. To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to the AT Park and the Method of Payment and your use of (or inability to use) such items, (including, without limitation, warranties of availability, accuracy, non-infringement, title, completeness, timeliness, currency, merchantability, or fitness for a particular purpose).
f) In particular AT does NOT warrant that:
i) The AT Park App or the AT Park website is error free;
ii) Use of AT Park will be uninterrupted or will not result in loss of data;
iii) The AT Park App or the AT Park website will function correctly on your particular equipment (personal computer, smartphone or otherwise).
g) Consumer Guarantees Act. Nothing in these Terms is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms will be modified to the extent necessary to give effect to that intention. If you acquire any goods or services from us for the purposes of a business you agree that the guarantees and remedies provided in the Consumer Guarantees Act 1993 will not apply.
h) Indirect Losses. To the maximum extent permitted by law, AT (and our respective employees, contractors, and agents) will not be liable (in contract, tort, or otherwise) to any party for any direct, indirect, special or consequential loss, damage, cost, expense, delay, or inconvenience that is suffered by that party in connection with:
i) the issue, use of, inability to use, or reliance upon, an AT Park Account or the AT Park service;
ii) any fees payable using AT Park including, without limitation, any Parking Fees;
iii) an AT Park Account being suspended or cancelled for any reason;
iv) any period where any equipment, software, or system is unavailable for processing AT Park Account transactions; or
v) the AT Park Service, Method of Payment, AT Park website or AT Park App in any other way, even if we have been expressly advised of the possibility of such damages.
i) Limitation of Liability. If, we are found liable to you under these Terms (or in contract, tort, or otherwise), to the maximum extent permitted by law, our liability to you will not exceed in aggregate the reimbursement of any fees deducted in error.
18. General
a) Assignment of Agreement
i) You shall not assign or otherwise transfer your rights under these Terms. Any attempt to make such an assignment without AT’s consent shall be void and result in immediate termination of this Agreement without notice.
ii) AT is entitled to assign or otherwise transfer its rights and obligations hereunder at its own absolute discretion.
b) Non-waiver. AT and you agree that no failure to exercise, and no delay in exercising, any right, power, or privilege hereunder, on the part of either party shall operate as a waiver of any right, power, or privilege. AT and you further agree that no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise. The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
c) Severability. If any part of these Terms is adjudged by any court of competent jurisdiction to be invalid, void or illegal, that judgment shall not affect or nullify the remainder of these Terms, and the effect shall be confined to sever the part immediately involved in the matter adjudged.
d) Variation. These Terms may be varied by AT at any time and such changes will be notified to you in accordance with clause 18) k), with reasonable notice prior to coming into effect.
e) Governing Law. These Terms will be governed by, and construed in accordance with, New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all issues and disputes which may arise under or in relation to the AT Park service, Method of Payment or these Terms.
f) New Zealand Use Only. The AT Park service is intended for use in Auckland, New Zealand and may not satisfy the laws of (or be appropriate or suitable for use in) any other country. You are responsible for compliance with applicable local law and you must ensure that accessing and using the AT Park service is not illegal or otherwise prohibited by the laws of your jurisdiction.
g) Electronic Communications. You consent to receiving communications from us electronically (other than promotional messages under the Unsolicited Electronic Messages Act 2007, in which case we will obtain your consent to receiving such promotional messages in accordance with that Act) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
h) Entire Agreement. These Terms, together with any other terms produced by us relating to the AT Park service incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior communications, representations, agreements or understandings, either verbal or written, between you and us with respect to the subject matter of these Terms.
i) Force Majeure. AT will not be liable for any non-performance, error, interruption, or delay in the performance of their obligations under these Terms or in the availability or performance of the AT Park service, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of AT, including (without limitation):
i) flood, lightning, acts of God, fire, earthquakes, and other natural disasters;
ii) judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;
iii) failure of any electricity or telecommunications service (including the Internet);
iv) failure of any equipment, software, computer hardware, or system required for the operation of the System where the maintenance and repair of that item is the responsibility of a third party;
v) the acts or omissions of any party for whom AT is not responsible.
j) Notices (which includes any written communications or statements may be):
i) Sent to the address provided by you on your AT Park Account;
ii) Sent by email to the email address provided by you on your AT Park Account;
iii) Sent by an SMS message to the mobile number you notified on your AT Park Account; or
iv) Given to you by any other way which the law permits
k) Notices to AT (which includes any written communications or statements may be):
i) Sent to: Private Bag 92250, Auckland 1142
ii) Sent via our website feedback form found on our contact us page.
19. Interpretations
In and for the purposes of interpretation of these Terms, unless inconsistent with the sub-context or subject matter:
a) Reference to time unless otherwise specified shall be reference to New Zealand Standard Time (NZT).
b) Reference to monetary amounts shall be reference to such amounts expressed in New Zealand Dollars (NZD).
c) The headings in these Terms are for the purpose of more convenient reference only and shall not form part of this Agreement or affect its construction or interpretation.
d) Except as otherwise expressed or provided, where under or pursuant to these Terms or anything done hereunder the day on or by which any act, matter or thing needs to be done falls on a day other than a business day, such act, matter or thing shall be done on the immediately succeeding business day.
e) The obligations and liabilities imposed and the rights and benefits conferred on the parties in these Terms will be binding upon and in favour of the respective parties and each of their respective successors in title, legal personal representatives and permitted assigns.