aPARKment — Terms of Service
Provider: TMS Pictures Pty Ltd (ABN 16 084 751 342), trading as "aPARKment" ("aPARKment", "we", "us", "our")
Contact: support@aparkment.co
Applies to: the aPARKment iOS app and related services.
These Terms are a legal agreement between you and aPARKment. By creating an account or using the app, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the app.
1. What aPARKment is (and isn't)
aPARKment is a platform that helps residents of the same building tell each other when a parking space is free and arrange short-term, neighbourly use of it. aPARKment is a facilitator only. We are not a party to any parking arrangement between users, are not a parking operator, provider, or agent, and do not own, control, inspect, manage, or guarantee any space, its availability, suitability, safety, or legality.
2. Eligibility and acceptance
To use aPARKment you must: (a) be at least 18 years old; (b) be a resident of, or otherwise authorised to access parking at, a participating building; and (c) be able to form a binding contract. By using the app you confirm you meet these requirements and accept these Terms.
3. Your account
You must provide accurate identity, residence/unit, and (where relevant) vehicle details, and keep them up to date. You are responsible for all activity under your account and for keeping your login secure. You can delete your account at any time from within the app, which removes your profile and associated data as described in the Privacy Policy.
4. The arrangement is free and neighbour-to-neighbour
aPARKment does not charge for, take a commission on, or process payment for any parking arrangement. The only fee we charge is the one-off fee to download and use the app itself. Any arrangement between residents is a private, unpaid, neighbourly one. Users must not pay or accept payment for a space arranged through the app.
5. Intended use and prohibited use
Spaces are for hosting genuine visitors to the building — friends, family, or tradespeople attending the host's home. You must not use the app for: ongoing commuter parking; arranging parking for people who are not visiting the host; semi-permanent use by flatmates, partners, or others; reselling, advertising, or commercialising spaces; or any arrangement involving payment between users. We may suspend or remove users who misuse the app.
6. Your responsibilities and warranties
You agree that you: (a) have the right to share any space you list — for example, it is your allocated space and sharing is not prohibited by your lease, tenancy, or Owners Corporation by-laws; (b) will comply with all building rules, Owners Corporation by-laws, and applicable laws; (c) as a host, will be present or available to admit your visitor as the app intends; (d) will keep your information accurate; and (e) will use the app only for its intended purpose. You are solely responsible for your own conduct and arrangements.
7. Content, conduct, and a zero-tolerance policy
aPARKment includes features that let users communicate and share information (such as profiles, messages, and call-outs). You are responsible for the content you provide. You must not post or send content that is unlawful, abusive, harassing, threatening, hateful, deceptive, or otherwise objectionable, and you must not harass or abuse other users.
We operate a zero-tolerance policy for objectionable content and abusive behaviour. You can report objectionable content or users, and block other users, from within the app. We may review, filter, refuse, or remove content and may suspend or remove users who breach this clause; we aim to act on valid reports promptly (within 24 hours of becoming aware).
8. No insurance
aPARKment provides no insurance of any kind to any user, for any vehicle, person, or property. You are responsible for arranging and maintaining your own insurance and for confirming what it covers. Parking or sharing a space may not be covered by your or another person's policy — check before you arrange anything.
9. Risk and responsibility
You use the car park and share your space at your own risk. As between users, the person who causes loss or damage is responsible for it. To the maximum extent permitted by law, and subject to clause 11, aPARKment is not liable for any loss, damage, theft, or personal injury arising out of or in connection with a parking arrangement made through the app, the condition or use of any space, or the conduct of any user.
10. Disputes between users
Any dispute about a parking arrangement is between the users involved. aPARKment is not responsible for resolving it. We may, at our discretion, provide booking records to assist, but we are under no obligation to mediate or take sides.
11. Your consumer rights and the app fee
Beta testers can use aPARKment for free, and will keep free use of the production app when it is released. For everyone else, aPARKment is a paid app: you pay the price shown on the App Store before you download it, and we do not charge any fees within the app. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Subject to those rights, the app and services are provided on an "as is" and "as available" basis, and we do not warrant that they will be uninterrupted or error-free.
12. Limitation of liability
Subject to clause 11 and to the extent permitted by law:
- (a) aPARKment's total liability to you for any claim arising out of or in connection with the app or these Terms is limited to the fee you paid to download the app; and
- (b) aPARKment is not liable for any indirect, special, or consequential loss, or for loss of profits, data, or goodwill.
Where a consumer guarantee under the Australian Consumer Law applies and cannot be excluded, our liability for failing to meet it is limited, where the law allows, to re-supplying the app or paying the cost of having it re-supplied.
13. Indemnity
To the extent permitted by law, you indemnify aPARKment against any loss, liability, cost, or claim we suffer or incur arising from your breach of these Terms, your misuse of the app, your content, or your breach of building rules, by-laws, or law — except to the extent that loss is caused by aPARKment's own negligence or breach.
14. Privacy
We collect and use personal information (such as your identity, residence/unit, vehicle details, and booking history) as described in our Privacy Policy, which forms part of these Terms. Our Privacy Policy is compliant with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and is available at aparkment.co/privacy.
15. Intellectual property and licence to use the app
The app, the aPARKment name and logo, and all related materials are owned by aPARKment or our licensors. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app for its intended purpose while you comply with these Terms. You keep ownership of content you provide, and you grant us a licence to host, store, and display that content as needed to operate the app and service (for example, showing your name and space to neighbours in your building).
16. App Store, Apple, and third-party services
You obtain the app through the Apple App Store, and your use is also subject to Apple's terms. You acknowledge and agree that:
- (a) these Terms are between you and aPARKment only, not Apple, and aPARKment (not Apple) is solely responsible for the app and its content;
- (b) Apple has no obligation to furnish any maintenance or support for the app;
- (c) if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the app purchase price to you; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
- (d) Apple is not responsible for addressing any claims by you or a third party relating to the app, including product-liability, legal/regulatory, or intellectual-property claims;
- (e) you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government prohibited or restricted-parties list; and
- (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
The app also relies on third-party services (for example, hosting and notification providers) whose continuous availability we do not guarantee.
17. Notifications and communications
The app sends notifications (push and email) about bookings, availability, messages, and important service or account information. By using the app you consent to receive these. You can manage push notifications in your device settings; some service and account messages are necessary to use the app.
18. Suspension, termination, and changes
We may suspend or terminate your account or access if you breach these Terms, misuse the app, or where we reasonably need to (for example, for safety, legal, or security reasons). You may stop using the app and delete your account at any time. We may update these Terms from time to time; if we make material changes we will give reasonable notice (for example, in the app or by email), and continued use after the changes take effect means you accept them.
19. Governing law
These Terms are governed by the laws of the State of Victoria, Australia, and you and aPARKment submit to the non-exclusive jurisdiction of the courts of that State.
20. General
These Terms (together with the Privacy Policy) are the entire agreement between you and aPARKment about the app. If any part is found unenforceable, the rest continues to apply. Our not enforcing a right is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a related entity or successor. Nothing in these Terms creates an agency, partnership, or employment relationship between you and aPARKment.
21. Contact us
Questions about these Terms, or to report content or a problem: support@aparkment.co.