Terms

ParkEngine Terms and Conditions

1. Acceptance of Terms

By accessing, installing, using, integrating with, or otherwise utilising the ParkEngine software platform, APIs, mobile applications, web applications, hardware devices, relay controllers, boom gate integrations, or related services ("Services"), the Customer agrees to be bound by these Terms and Conditions.

If the Customer does not agree to these Terms, the Customer must not use the Services.

2. Definitions

ParkEngine means the software platform, applications, APIs, hardware devices, IoT relay controllers, integrations, and related services supplied by ParkEngine.

Customer means the entity or individual purchasing, licensing, operating, administering, or otherwise using the Services.

Users means any person accessing or using the Services, including car park operators, tenants, staff, contractors, and visitors.

3. Licence Grant

Subject to compliance with these Terms, ParkEngine grants the Customer a limited, non-exclusive, non-transferable, revocable licence to use the Services solely for their intended purpose.

No ownership rights are transferred to the Customer.

4. Restrictions on Use

The Customer must not, and must not permit any third party to:

  • Reverse engineer, decompile, disassemble, modify, copy, or create derivative works from the Services;
  • Attempt to discover source code, encryption methods, APIs, communication protocols, or system architecture;
  • Circumvent security protections or authentication mechanisms;
  • Use the Services in any unlawful, unsafe, malicious, or unintended manner;
  • Interfere with or disrupt operation of the Services;
  • Use the Services to damage property, interfere with traffic flow, endanger persons, or create unsafe conditions;
  • Resell, sublicense, lease, distribute, or commercially exploit the Services without written approval;
  • Access or use the Services in a way intended to benchmark, replicate, or compete with ParkEngine.

5. Customer Responsibilities and Safety Obligations

The Customer acknowledges and agrees that:

  • The Services are an operational convenience tool only;
  • The Customer is solely responsible for operation and safety of the car park and all connected infrastructure;
  • The Customer must implement independent safety procedures, manual override procedures, emergency access procedures, and fallback access methods;
  • The Customer must ensure that boom gates, access systems, vehicle detection systems, safety loops, photoelectric sensors, warning systems, and related hardware are properly installed, maintained, tested, and compliant with all applicable laws and standards;
  • The Customer must ensure that users can safely exit the car park at all times, including during outages, failures, emergencies, internet interruptions, power failures, or hardware malfunctions;
  • The Customer must conduct regular testing and maintenance of all integrated systems;
  • The Customer is solely responsible for ensuring compliance with workplace safety laws, building regulations, accessibility requirements, fire regulations, and traffic management obligations.

The Customer must also implement, maintain, and regularly test appropriate operational and safety procedures relating to the use of the Services and any connected infrastructure.

Without limitation, the Customer must ensure:

  • Manual boom gate override procedures are available at all times;
  • Emergency vehicle access procedures are maintained;
  • Alternative vehicle exit methods are available in the event of system failure;
  • Independent safety sensors, loop detectors, photoelectric beams, safety edges, and obstruction detection systems are properly installed and operational;
  • All boom gates and connected hardware are regularly inspected, tested, and maintained by appropriately qualified personnel;
  • All users can safely enter and exit the premises during outages, emergencies, maintenance periods, or equipment failures;
  • Backup power procedures and contingency plans are maintained where appropriate;
  • Regular maintenance and safety testing records are retained;
  • All installations comply with applicable laws, regulations, Australian Standards, electrical requirements, workplace safety obligations, and building compliance requirements.

The Customer acknowledges that the Services are not a substitute for proper site management, traffic management, physical safety systems, or human supervision.

The Customer further acknowledges and agrees that:

  • The Customer retains sole responsibility for operation of the car park and all physical infrastructure;
  • The Customer is solely responsible for monitoring the safe operation of boom gates and access systems;
  • The Customer is solely responsible for responding to incidents, outages, emergencies, vehicle access issues, and user complaints;
  • The Customer is solely responsible for ensuring users are not trapped within the car park;
  • The Customer must not rely solely on the Services for emergency access, emergency egress, or life safety functions;
  • The Customer must ensure that appropriately trained personnel are available to manage failures or unsafe conditions;
  • Operation of physical vehicle access systems inherently involves risk.

6. No Warranty and Customer Acknowledgements

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis.

ParkEngine does not warrant that:

  • the Services will operate uninterrupted or error-free;
  • the Services will always be available;
  • the Services will be secure or free from defects;
  • boom gates or connected hardware will function correctly at all times;
  • access requests, payments, bookings, or vehicle detections will always be processed correctly;
  • the Services are suitable for any particular purpose.

The Customer expressly acknowledges and agrees that:

  • the Services are provided as an operational convenience tool only;
  • the Services are not certified as a safety-critical system;
  • the Services may be affected by internet outages, power outages, hardware failures, cloud outages, telecommunications failures, software bugs, third-party system failures, environmental conditions, user error, or maintenance activities;
  • automatic vehicle access decisions may occasionally be incorrect, delayed, interrupted, or unavailable;
  • ANPR, licence plate recognition, vehicle detection, and automated access technologies are not guaranteed to be accurate in all circumstances;
  • physical access control systems always require independent human oversight and operational safeguards;
  • no software or hardware system can guarantee uninterrupted or fail-safe operation;
  • the Customer has independently assessed the suitability of the Services for its intended use.

7. Limitation of Liability

To the maximum extent permitted by law, ParkEngine excludes all liability arising from or related to the use of the Services.

ParkEngine will not be liable for:

  • personal injury;
  • death;
  • property damage;
  • vehicle damage;
  • boom gate collisions;
  • access failures;
  • failure of gates to open or close;
  • trapping of vehicles;
  • payment processing failures;
  • loss of revenue;
  • business interruption;
  • data loss;
  • security breaches;
  • loss of bookings;
  • traffic congestion;
  • towing costs;
  • customer disputes;
  • fines or penalties;
  • indirect, incidental, consequential, special, or exemplary damages;
  • any loss arising from hardware malfunction, software malfunction, internet outages, power failures, cloud outages, third-party integrations, or user error.

This exclusion applies whether the claim arises in contract, tort, negligence, statute, equity, or otherwise.

The Customer acknowledges that operation of physical access control systems and boom gates involves inherent risks and that the Customer assumes all responsibility for those risks.

Without limiting any other provision of these Terms, ParkEngine shall not be liable for any claim, loss, damage, liability, cost, expense, injury, delay, or inconvenience arising from or related to:

  • boom gate malfunction;
  • relay controller malfunction;
  • electrical faults;
  • hardware defects;
  • internet outages;
  • telecommunications failures;
  • cloud service outages;
  • power outages;
  • payment gateway failures;
  • ANPR or licence plate recognition inaccuracies;
  • incorrect vehicle identification;
  • failed access attempts;
  • delayed access;
  • denied access;
  • trapped vehicles;
  • traffic congestion;
  • emergency access failures;
  • emergency egress failures;
  • vandalism;
  • malicious acts;
  • misuse of the Services;
  • third-party integrations;
  • firmware issues;
  • software defects;
  • cyber attacks;
  • unauthorised system access;
  • data corruption;
  • delayed notifications;
  • mobile application failures;
  • API failures;
  • user configuration errors;
  • installer errors;
  • maintenance failures;
  • acts or omissions of third parties.

This exclusion applies regardless of whether the alleged loss or damage was foreseeable.

To the maximum extent permitted by law, ParkEngine's total aggregate liability arising out of or in connection with the Services shall not exceed the total fees paid by the Customer to ParkEngine during the three (3) months preceding the event giving rise to the claim.

8. Customer Indemnity and Insurance

The Customer indemnifies and holds harmless ParkEngine, its directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • operation of the car park;
  • operation of boom gates or connected infrastructure;
  • injury to persons;
  • damage to vehicles or property;
  • misuse of the Services;
  • breach of these Terms;
  • failure to implement appropriate safety measures;
  • reliance on the Services;
  • acts or omissions of the Customer or Users.

This indemnity survives termination of these Terms.

The Customer must maintain appropriate insurance coverage, including:

  • public liability insurance;
  • property damage insurance;
  • business interruption insurance;
  • and any other insurance reasonably required for operation of the car park and associated infrastructure.

The Customer acknowledges that it is solely responsible for insuring against risks arising from operation of the car park and connected systems.

9. Installation and Integration Responsibility

The Customer acknowledges that:

  • ParkEngine does not control installation workmanship, site conditions, electrical infrastructure, or third-party hardware configurations;
  • improper installation or configuration may create unsafe conditions;
  • the Customer is solely responsible for ensuring that all installation, commissioning, maintenance, and integration work is performed by appropriately qualified personnel.

ParkEngine accepts no responsibility for damage, injury, loss, or malfunction arising from installation errors, integration errors, or site-specific conditions.

The Services may integrate with third-party hardware, payment gateways, internet providers, mobile networks, cloud services, access control systems, ANPR systems, or other external systems.

ParkEngine is not responsible for failures, outages, inaccuracies, delays, or security issues caused by third-party systems.

10. Service Availability

The Customer acknowledges that the Services may occasionally be unavailable due to:

  • maintenance;
  • upgrades;
  • internet outages;
  • cloud outages;
  • power failures;
  • telecommunications failures;
  • hardware faults;
  • force majeure events.

The Customer must maintain independent operational procedures during any outage or failure.

11. Safety Critical Systems

The Customer acknowledges that ParkEngine is not a certified safety-critical control system.

The Services must not be solely relied upon for:

  • life safety systems;
  • emergency response systems;
  • emergency vehicle access;
  • emergency evacuation;
  • fire safety systems;
  • pedestrian protection;
  • traffic control compliance;
  • or any other safety-critical function.

Independent fail-safe systems and operational procedures must always be maintained by the Customer.

12. Force Majeure

ParkEngine shall not be liable for any delay, interruption, failure, or inability to provide the Services resulting from circumstances beyond its reasonable control, including:

  • natural disasters;
  • power failures;
  • telecommunications outages;
  • internet outages;
  • cloud provider failures;
  • industrial disputes;
  • acts of government;
  • civil unrest;
  • pandemics;
  • cyber attacks;
  • supplier failures;
  • or other force majeure events.

13. Termination

ParkEngine may suspend or terminate access to the Services at any time if:

  • the Customer breaches these Terms;
  • the Services are used unlawfully or unsafely;
  • continued use may create safety, legal, or operational risks.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.

15. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded under Australian Consumer Law or other applicable legislation.

Where liability cannot be excluded, ParkEngine's liability is limited, to the maximum extent permitted by law, to:

  • resupply of the Services; or
  • the cost of resupplying the Services.