The Smart Park Application (Toowoomba Parking App) allows people to register for parking, locate available parking within the Toowoomba CBD and pay parking fees payable for using Toowoomba Regional Council parking via the Application.

These terms and conditions govern your use of the Smart Park App Services provided by Toowoomba Regional Council ABN 99 788 305 360 (“TRC”, “us”, “we” and “our”).

Terms of use

• By registering to be a user of the Toowoomba Parking App you enter into a binding agreement which is enforceable against you.
• Users are strictly prohibited from using the Toowoomba Parking App in any way while operating a vehicle.
• By downloading or continuing to access or use the Toowoomba Parking App you are agreeing to be bound by these Terms. If you do not agree to these Terms, you must not download, access or use the Application.
• You acknowledge and agree that:

1. the access and use of the Toowoomba Parking App is entirely at your own risk.
2. you are responsible for all activity in connection with your access to and use of the Application;
3. any suspected fraudulent, abusive or illegal activity may be referred to law enforcement authorities;
4. TRC may amend, move or remove, or add to, any or all of the Smart Park App Services and these terms at its discretion, without prior notice or liability to you.
5. Your use of the Toowoomba Parking App following any amendment constitutes your agreement to the Terms as amended.

• You may not use the Smart Park App Services:
  • for any activities that breach any laws including any laws relating to traffic, road safety and the use of a smartphone or other internet enabled device whilst driving, infringe any party’s rights or breach any standards, content requirements or codes of any government authority;
  • in any manner that may circumvent, damage, disable, overburden, or impair the Smart Park App Services or interfere with any other party’s access, use and enjoyment of the Application;
  • to distribute any virus, harmful components or other disabling computer code;
  • to distribute any sexual, vulgar, offensive, obscene, profane or inappropriate imagery or communication, as determined by TRC in its absolute discretion;
  • in any manner which is or is likely to be invasive of a person’s privacy, could constitute harassment, or cause distress or inconvenience to any person;
  • to make unauthorised access or modifications to the Smart Park App Services; and/or;
  • in any manner or for any purpose which is contrary to these Terms.

1.7       An internet connection is required to use the Toowoomba Parking App. Any fees and charges associated with establishing an internet connection to use the Application are entirely the User’s responsibility and expense.

1.8       This service is to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. Minors should only use this service if a registration was made by their legal guardian and if all the conditions of use and implications were explained to them. If you do not qualify, you are not permitted to use these services and you do not have TRC’s consent to do so.

1.9       By installing and using the Toowoomba Parking App, the User consents to the information collection usage terms, including transfer of data to us and affiliated countries. These terms are in addition to all other terms of the limited software warranty, licence agreement and information use disclosures.

1.10      If any software is provided to you through the Apple Inc (Apple) App Store, then you will be bound by its terms and conditions.

1.11      If any software is provided to you through the Google Play android market, then you will be bound by its terms and conditions.

1. SMART PARK APP SERVICES

2.1       The Application is available for use with the Toowoomba Regional Council geographical region.

2.2       The following services are provided through the Application:

(a)        platform to search for and view information about any parking services which are featured on the Application;

(b)        paying for parking services (Payment Platform).

2.3       To access the Toowoomba Parking App, you must register as a user of the Application (User) by providing us with:

(a)        your full name and email address;

(b)        your phone number; and

(c)        details of a valid payment method to enable to us deduct payments from you (User Information).

2.4       TRC may refuse your registration as a User at its sole discretion.

2.5       Using this service does not guarantee you a parking space.

1. USER OBLIGATIONS

3.1       You must comply with TRC’s terms and conditions for the relevant parking site.

3.2       You warrant that the credit or debit card details which you provided is valid, the User Information that you provide to TRC is accurate and current, and that you will keep your User Information up to date at all times.

3.3       In order to use Smart Park App Services, you must have a smartphone with internet access and be registered and logged in as a User, at the time you enter and exit the parking service.

3.4       TRC does not provide any recommendation or endorsement of the quality, service level, value for money or suitability of any parking services accessed or paid for via the Toowoomba Parking App.

3.5       The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. You are responsible for correctly entering or selecting the relevant parking zone number.

3.6       You should only activate the service after you have found an available legal space and are responsible to make sure that a valid parking session has been initiated and to stop the parking session when you leave the parking space (not applicable in all-day spaces).

3.7       TRC is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offences you incur or receive.

3.8       You are solely responsible for resolving parking tickets, fines, penalty notices and the enforcement of vehicle parking related offences or your vehicle being impounded.

3.9       You are responsible for checking the availability of the cellular network and making sure of the acceptance of your message to TRC sent by the mobile phone or device, of your intention of using the service and/or your intention to receive additional services.

3.10      You must have sufficient credit on the credit card to pay the fees due at the time TRC requests payment from the credit or debit card company.

3.11      You are responsible for keeping your Toowoomba Parking App account details confidential and must notify TRC if your account is hacked or otherwise compromised.

3.13      You are solely responsible for all acts and omissions that occur under their access account;

3.14      Inappropriate use of your account will result in your automatic removal from the Application.

1. FEES AND PAYMENTS

4.1       TRC will charge you a parking fee each time you apply to make a payment using the Toowoomba Parking App.

4.2       You agree to pay all fees for all Smart Park App Services provided and consent to the use of the credit/debit card or pre-paid card, to effect the payment of the parking fees and services.

4.3        Any transactions conducted using this Application will be in Australian dollars.

4.4       The pricing for the parking is displayed within the Toowoomba Parking App which will be updated when fees are varied.

4.5       The parking fees which shall be debited will be according to your usage and the pricing determined by TRC from time to time.

4.6       TRC utilises an Australian merchant outlet to process all payments.

4.7       You agree that TRC will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

4.8       The parking fees will be automatically calculated by electronic means. It may take up to five (5) business days for your credit card to be charged. We reserve the right to finalise the transaction and any applicable fees manually if reasonably required.

4.9       Should TRC not be able to collect the payment due by means of your credit/debit card or pre-paid card automatically, you must pay your debit to TRC within 7 days of being asked to do so in writing. Your failure to do so may result in you incurring additional fees on your debit or credit card and suspension of your Toowoomba Parking App account.            

1. REFUNDS

5.1       Any request for a refund must be made in writing to TRC within the 6 month period after the relevant booking is made or use of the Smart Park App Services occurs.

5.2       Refund requests will be assessed on a case by case basis and a refund, whether full or partial, will only be applied for a system error resulting in an incorrect charge.

5.3       TRC reserves the right to refuse a refund for any Fees deducted from your Toowoomba Parking App account when deducted in accordance with these terms and conditions.

5.4       Once a refund has been approved and processed, an email confirmation containing the refund amount and relevant transaction details will be sent to the email registered to your Toowoomba Parking App account. Refunds may take up to 14 days to be completed and reflected in your bank account.

1. INTELLECTUAL PROPERTY RIGHTS

• All content on the Smart Park App Services, including graphics, logos, trade marks, moral rights, text, systems, designs, source code, material or software, is protected by Australian and international copyright and trade mark law.
• TRC owns, or is licensed to use, all intellectual property (including patents, copyright, trademarks and designs) subsisting in the content on the Toowoomba Parking App.
• Users are granted a non-exclusive, non-transferable, and revocable licence to use the intellectual property rights in relation to the Toowoomba Parking App for the limited, non-commercial purpose of accessing and using the Smart Park App Services in accordance with these Terms.

6.4       Users must not, without our prior written consent:

(a)        re-sell, offer to rent or lease the Smart Park App Services;

(b)        modify, adapt, translate, reverse engineer, decompile, decode, disassemble, create derivative works or in any way derive or discover source code from the Toowoomba Parking App;

(c)        reproduce, republish, upload to a third party, repost, transmit, distribute, sub-licence, assign, share, rent, lease or otherwise transfer or grant any rights in the Toowoomba Parking App in any way.

6.5       The licence commences on the date the User installs or otherwise use the Application and ends on the earlier date when they dispose of the Application, or the licence or termination of these terms.

6.6       The licence terminates immediately if the user attempts to circumnavigate any technical measures used in connection with the Toowoomba Parking App.

6.7       The Toowoomba Parking App may not be copied, reproduced or distributed without prior written consent from us. Copying, reproducing or redistributing all or any portion of the Toowoomba Parking App will be wilfully violating copyright laws and may be subject to civil and/or criminal penalties in Australia or their local country.

1. PRIVACY POLICY

7.1       TRC values the privacy of its Users and makes all commercially reasonable efforts to protect it.

7.2       TRC’s Privacy Policy forms part of these Terms and covers the collection, use and disclosure of personal information that may be collected any time you interact with TRC, such as when you use the Toowoomba Parking App or communicate with TRC representatives and employees.

• Users must read our Privacy Policy located at https://www.tr.qld.gov.au/privacy.
• TRC may use cookies of the devices to gather data in relation to the use of this Application.

1. LIMITATION OF LIABILITY

8.1       You acknowledge and agree that:

(a)        your use of the Toowoomba Parking App is entirely at your own risk;

(b)       TRC is not responsible or liable for any loss or damage as a result of any use of the Smart Park App Services by you;

(c)       TRC is not liable to you for any loss or damage arising from your use or inability to use any parking service;

8.2       To the maximum extent permitted by law Users release and discharge TRC and its employees, contractors, agents and representatives from:

(i)       all claims and demands on us by you or any third party; and

(ii)      any loss or damage whatsoever and whenever caused to you,

arising directly or indirectly from, or incidental to, your use of the Toowoomba Parking App.

8.3       TRC is not liable to you for:

(i)   any inaccuracies in or changes to the Smart Park App Services, including the location of, availability of, fees payable to or the terms and conditions that apply, in respect of any parking service;

(ii)  any interruptions to, delays or inability to access the Smart Park App Services caused by any act, mission or default of a third-party service provider who provides goods or services for use in connection with the Smart Park App Services;

(iii)  any direct, indirect or consequential loss or special damage whatsoever incurred or suffered by you or any third party under or in relation to the Smart Park App Services and/or any matter under these Terms (or our Privacy Policy) including, without limitation, under or in relation to:

(A)  any infringement of intellectual property rights and rights of any third party in any way connected with the Smart Park App Services;

(B) any collection, use and disclosure of your personal information or User Information or any data breach in relation to such information;

(C) any use or non-use by you of any parking service or engagement with any Operator by you; and/or

(D)  any failure to comply with any of our obligations under these Terms if any event beyond our reasonable control occurs which prevents us from performing those obligations.

8.4       Users’ sole remedy for any breach of these Terms is termination of these Terms and all other liability is expressly excluded;

8.5       TRC will not be responsible for any loss or damage that you may suffer as a result of you not using the services correctly, or if you fail to comply with the conditions of use, or any other instructions given by TRC.

8.6       Whilst TRC will use its best endeavours to provide accurate information on the Toowoomba Parking App, it is not liable for any decisions made based on the Application.

8.7       The Smart Park App Services are provided on an 'as is' basis only. To the maximum extent permitted by law, TRC excludes all warranties whether express, implied, statutory or otherwise relating in any way to the Smart Park App Services, and/or any other subject matter of these Terms. Nothing in this clause restricts or modifies any right or remedy you may have under the Australian Consumer Law.

8.8       TRC accepts no responsibility for any transactions resulting from unauthorised access to the User’s account;

1. INDEMNITY

9.1       You agree to indemnify TRC (including its officers, directors, employers or contractors) against:

(a)        any claim made against or suffered by TRC in connection with your use of the Smart Park App Services;

(b)        your breach of these Terms (or our Privacy Policy); and

(c)        your breach of any rights of third parties resulting or arising from your access or use of the Smart Park App Services.

1. COMPLAINTS

10.1      If you have any concerns or complaints about the Smart Park App Services, please contact us by e-mail at info@tr.qld.gov.au.

1. TERMINATION

11.1      We may terminate or restrict your access to and use of the Smart Park App Services at any time without giving reasons. We are not liable to you for any costs, losses or damages of any kind arising from or as a consequence of terminating your access to and use of the Smart Park App Services.

11.2      You may terminate your use and access to the Smart Park App Services at any time.

11.3      If you wish for us to delete your User registration and your User Information that we hold about you, you must contact us by email at info@tr.qld.gov.au. While we will use reasonable efforts to delete or de-identify your User Information, some information may be retained, including:

(a)        in our back-ups;

(b)        in accordance with our Privacy Policy; 

(c)       for legitimate business purposes, including in order to comply with our legal, tax and audit requirements; and

(d)        where it is reasonable in the circumstances for us to retain the information.

1. GENERAL

12.1   These terms will be governed by the law of Queensland.

• Users should provide all notices to TRC at info@tr.qld.gov.au.

12.3      All rights which are not expressly granted in these Terms are expressly reserved.

12.4      These terms, the Privacy Policy and any other documents expressly incorporated by reference contain the entire understanding between TRC and the User.

12.5      The express waiver by TRC of any provision, condition or requirement of these terms will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

12.6      TRC may notify users via the Toowoomba Parking App and/or its website of information relevant to the Application.

12.7      If any provision of these terms is held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these terms will not be affected.

These Terms were last updated on 30 June 2022

1. Toowoomba Regional Council TOOWOOMBA PARKING APP Privacy Policy
2. Application

The Toowoomba Parking application (Toowoomba Parking App) and the services sold on or via the Toowoomba Parking App are created, operated or controlled by Toowoomba Regional Council (99 788 305 360) (TRC).

This Privacy Policy applies to all users of the Toowoomba Parking App and all services provided under the Toowoomba Parking App. If you do not wish to agree to the terms of this Privacy Policy, TRC are unable to provide you with access to and/or use of the Toowoomba Parking App and its services. You should leave the Toowoomba Parking App platform and not register to access and/or use the Toowoomba Parking App or the services provided under the platform.

By accessing, using and/or continuing to use the Toowoomba Parking App platform and the services made available to you on or via the Toowoomba Parking App, you agree to this Privacy Policy.

1. Purpose

TRC will use its best endeavours to comply with the Information Privacy Act 2009 Qld and Right to Information Act 2009 Qld.

TRC will collect and store personal and other information you provide to us via the Toowoomba Parking App. This Privacy Policy outlines how TRC will collect, store, use and disclose your personal information and how you may access your personal information kept by TRC and how you may make a privacy complaint.

TRC does not approve applications of or established for maintaining accounts for any minor and does not solicit or knowingly collect personal information from minors.

1. Information

TRC will collect personal and non-personal information from you.

Non-personal information is information that does not identify you as an individual, such as your browser type, IP address, device type, operating system version, the year or hour of previous websites you have visited, pages viewed whist browsing our sites, page access times, referring website address, parking location, parking patterns and usage etcetera.

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

It is information about and which identifies individuals such as their full name, mailing address, email address, date of birth, telephone numbers, user name and password, other information provided to us or we may collect in the course of your use of the Toowoomba Parking App.

TRC may use cookie technology on Toowoomba Parking App and gather data for website statistical reporting. Cookie technology does not contain any personal information about you. We may also collect non-personal information that you voluntarily provide such as information included in response to a questionnaire or survey.

The collection, use and disclosure of non-personal information is not subject to the requirements of the IP Act and/or RTI Act.

1. Acceptance of Terms

By visiting the Toowoomba Parking App, you are accepting the terms and conditions of this Privacy Policy.

TRC reserves the right to modify this policy at any time. Your continued use of the Toowoomba Parking App after we either personally notify you of such changes, or generally propose such changes on the Application platform will constitute your acceptance of those changes.

1. Collection of personal information

TRC will generally collect personal information for the Toowoomba Parking App from individuals via:

• customer detail forms;
• discussions with customers;
• electronic correspondence;
• written correspondence;
• directly from the Toowoomba Parking App.

We may also collect personal information about you from third parties, e.g. to verify the information you provide, or for protection against fraud.

1. Purpose of collecting personal information

TRC collects personal information on the Toowoomba Parking App for the purposes of registering your account, processing your request for services and in the course of conducting TRC’s operational requirements.

TRC’s primary purpose in collecting your personal information is to enable you to use the Toowoomba Parking App and provide you with a safe and efficient experience in using the Toowoomba Parking App, and to generally maintain our relationship with you. The collection of your personal information also assists us in managing the product or service, preventing fraud and other criminal activity, helping us run our business, for accounting, using location data to display user's current location and allow users to search & navigate to a car park with ease avoiding any traffic congestion, risk management, record keeping, archiving, systems development testing, undertaking planning, market or customer satisfaction research, statistical analysis, complying with legislative and regulatory requirements and telling you about our services.

This information is collected and will be used for:-

• providing users with access to or the use of the Toowoomba Parking App, and to correspond with users of the Toowoomba Parking App;
• display user's current location and allow users to search & navigate to a car park with ease, avoiding any traffic congestion;
• enabling users to plan, find and manage parking via the Toowoomba Parking App;
• providing users with access to location based parking services;
• facilitating the delivery of services to users and assisting with or responding to user enquiries;
• provide general customer support for users of the Toowoomba Parking App;
• informing users about the Toowoomba Parking App and the services offered, including offers, promotions etcetera;
• share with our third party providers;
• administer, improve and manage the Toowoomba Parking App, our relationship with users and services offered via the app;
• charge and bill users to access and use the Toowoomba Parking App and the services made available on the app;
• internal record keeping;
• complying with our legal and regulatory obligations.

The Toowoomba Parking App may use analytics to gather anonymous information about visitors, to help us monitor and improve the website.

1. Storage of personal information

TRC stores personal information collected from the Toowoomba Parking App consisting of:

• paper files; and
• electronic files.

1. Use of personal information

TRC may use the personal information you provide for a range of different purposes, including using your information to assist TRC to improve or develop its services, or to perform research and analysis.

A number of Council’s functions is classed as a ‘law enforcement agency’ in accordance with schedule 5 of the IP Act and accordingly, Information Privacy Principles (IPPs) 2, 3, 9, 10 and 11 may not necessarily apply, but only if Council is satisfied on reasonable grounds in each case that non-compliance with these IPP’s is necessary for the performance of its law enforcement activities.

Generally, Toowoomba Parking App will not use or disclose personal information collected about you, other than for a purpose:-

• set out in this Privacy Policy; or
• for which you would reasonably expect disclosure; or
• required or permitted by law; or
• otherwise disclosed to or authorised by you for a purpose associated with TRC’s operations and general business activities.

We may use card authorisation and fraud screening services to verify that your card information, address, matches the information that you supplied to Toowoomba Parking App and that the card has not been reported as lost or stolen.

If you provide personal information about someone else, we rely on you to inform them that you are providing their personal information to us and advise them that we can be contacted for further information.

You must take reasonable steps to ensure the individual concerned is aware of and consents to this Privacy Policy.

Where requested to do so by us, you must also assist with any request by the individual to access or update the personal information you have collected and provide them to us.

TRC may disclose your information to organisations it owns, underwrites, supports, or has joint ventures with. TRC may also disclose your information as required or authorised by law, including to law enforcement and national security agencies and other Government and regulatory authorities and to third parties who provide services to it, including organisations and contractors that assist TRC with assessing and awarding community grants. TRC may also disclose your information to third parties who assist Council market research and/or to manage or develop its operational and corporate strategies.

This includes third party providers such as:-

• related bodies, corporate business partners, service providers, third party contractors, agents or suppliers, hosting companies, web developers, internet service providers, external business advisors, or other authorised external services providers who perform functions on our behalf;
• third party suppliers and providers who provide hosting and marketing services;
• our lawyers, financial advisors, accountants and IT professionals to enable them to perform the services we engage them to do;
• law enforcement bodies or regulatory authorities to assist with their functions;
• as otherwise required or authorised by law.

TRC will take reasonable steps to ensure that contracted services providers are required to comply with the requirements of the IP Act when they are provided with, or collect personal information in order to provide services on Council’s behalf.

TRC will also use and disclose personal information for a range of administrative, management and operational purposes, including:-

• administering billing and payments and debt recovery;
• quality improvement activities;
• training staff, contractors and other workers;
• risk management and management of legal liabilities and claims. For example, liaising with insurers and legal representatives;
• responding to enquiries and complaints regarding our services;
• obtaining advice from consultants and other professional advisors;
• responding to subpoenas and other legal orders and obligations;
• conducting its activities in accordance with the Local Government Act 2009 Qld and Local Government Regulations 2012 Qld and Local Laws.

1. Accessing personal information held by us about you and seek the correction of it

You can access any personal information that you give us in accordance with our obligations under the RTI Act and IP Act. TRC will also take reasonable steps to correct and update your personal information or remove it if it is no longer required.

You may apply for access to your personal information held by us and seek the correction of it by submitting a written request to:

Privacy Officer
Toowoomba Regional Council
PO Box 3021
Toowoomba QLD 4350

We endeavour to respond to a request within a reasonable period after a request is made.

You will be liable for any costs relating to us providing access to your personal information including, labour costs of our staff, copying and other related costs. Those costs must be paid before access will be permitted.

Unless we are permitted at law to do so, we endeavour not to deny your request for access and/or correction, but if we do deny your request, we endeavour to provide you with a written notice which sets out:

• reason(s) for the refusal (unless we consider it would be unreasonable to provide a reason); and
• mechanisms available to complain about the refusal.

1. Data Breach

Whilst TRC uses its best endeavours to secure the information you provide, no data transmission over the internet or any wireless network can be guaranteed to be a hundred percent secure. TRC cannot ensure or warrant the security of any information you transmit to us and accordingly you do so at your own risk.

In the event of any loss or unauthorised access or disclosure of personal information, that has or is likely to result in serious harm to you, TRC will investigate and take the requisite steps as required by law.

1. Complaint

If you think TRC has breached your privacy, you may lodge a complaint with TRC’s Information and Privacy Officer by email to info@tr.qld.gov.au. TRC will take your complaint seriously, investigate and provide you with a response. If you are not satisfied with our response you may make a complaint to the Queensland Privacy Commissioner.

In most cases TRC will investigate and respond to a complaint within 30 days of receipt of the complaint. However, if the matter is more complex or circumstances require, our investigation may take longer and we will let you know.

You may also complain to the Office of the Information Commissioner Queensland: www.oic.qld.gov.au.

1. Disclosure to Overseas Recipient

At this stage, we are not likely to disclose personal information to an overseas recipient.

Personal information collected by the Toowoomba Parking App is hosted in a data centre operated within Australia. If we need to transfer your information overseas to a third party and if for any reason we believe that the overseas third party is not subject to privacy obligations equivalent to those which apply to us, we will seek your consent to transfer the information (except where the IPP’s do not require us to do so). We will transfer an individual’s personal information to someone outside Australia if:

• the individual agrees to the transfer; or
• the transfer is required or authorised by law; or
• TRC is satisfied on reasonable grounds that the transfer is necessary to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health safety or welfare, or:-
• Council reasonably believes the recipient is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the IPP’s under the IP Act.
• the transfer is necessary for the performance of Council’s functions in relation to the individual;
• the transfer is for the benefit of the individual and it is impracticable to seek their consent, but if it were practicably the individual would likely consent;
• Council has taken reasonable steps to ensure that personal information it transfers will not be held, use or disclosed by the recipient in a way that is inconsistent with the IPP’s.

1. Contacts

Contact us if you have any questions or comments in relation to TRC’s Toowoomba Parking App Privacy Policy or the way it affects you. Please contact info@tr.qld.gov.au.

(Last updated 19 July 2022)