Terms of use

The legal stuff

1) General Terms


a) This agreement ("Agreement") is between Parkhound (“Us” or “We”) and a user (“You”) of the Parkhound website (“Website”) or Parkhound mobile app ("App") about the services (“Services”) relating to the use of the Website and the App.

 

i. A user may have an account (“Account”) created for them so that they can act as a buyer ("Buyer"), that is someone who has booked or intends to book a parking space ("Parking Space") or act as a seller ("Seller"), that is, the owner or operator of the parking space which is to be listed or has been listed. 

 

b) We may amend these terms from time to time. Any amendments or new terms and conditions will be provided to you. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or the App you will be deemed to have accepted the new terms.


c) By entering into this Agreement you also agree to our Privacy Policy and Cancellation Policy which is available on the Website and the App.


d) We may assign, sub-contract our rights and obligations under this Agreement without your consent.


e) You agree that these terms are fair and reasonable in all circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.


f)  No delay on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.


g) We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space Booking Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Website and the App.


h) To register or make a booking we will require that the Buyer provide us with adequate information, including but not limited to; full name, address, date of birth, mobile number, car registration number, car make, car model and car colour and a valid email address. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to the Parkhound Privacy Policy ("Privacy Policy"). The Privacy Policy forms part of this Agreement.


i)   We will not be held responsible if you fail to provide contact information and you do not receive a booking confirmation or other information from us that may be expecting. If you become aware that you have supplied invalid contact information, please contact us immediately to correct the information we hold about you.

 

2) Limitation of liability

 

a) Parkhound will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will Parkhound be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of

 

i. errors, mistakes, or inaccuracies on the Website or the App or related services.

 

b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and the App or Services or any booking with a Seller to the fullest extent permissible by law,


c) any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein,


d) any interruption or cessation of transmission to or from the Website and the App,


e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.


f)  You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and


g) You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.


h) No claim may be brought against us in relation to this Agreement more than 1 months following the Booking to which the claim relates.


i)   We will not be liable to you in the event of a claim by a Buyer or Seller against you and, for the avoidance of doubt; we shall not be required to return any money received by us under this Agreement to either you or the Buyer or Seller in such circumstances.


j)   We will not be liable to you for any loss or damage, in the event of a claim by a Buyer or Seller against you and, or your property, or anyone connected to you or your property.

 

3) Parking Spaces

 


a) You agree that the Website and the App is a platform for advertising Parking Spaces owned or controlled by Sellers and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Seller.


b) Whilst we endeavour to ensure that Parking Spaces listed on the Website and the App are of a high quality we offer no guarantee as to the Parking Space's suitability for the buyer’s requirements. Similarly, we rely on the Seller for details about a Parking Space given on the Website or the App and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.


c)  A buyer is only able to book a Parking Space advertised on the Website and the App once agreed by the seller. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.

 

4) Disclaimers


a) If you choose to use the Website and the App, you do so at your own risk. You acknowledge and agree that Parkhound does not have an obligation to conduct background checks on any Seller or Buyer.


b) The Website and the App or related services are provided "as is", without warranty of any kind, either express or implied, other than statutory warranties which cannot be excluded. 


c) Parkhound makes no warranty that the Website or the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Parkhound makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website and the App or related services.


d) No advice or information, whether oral or written, obtained from Parkhound or through the Website or the Appor related services will create any warranty not expressly made herein.


e) You are solely responsible for all of your communications and interactions with other users of the Website and the App and with other persons with whom you or interact as a result of your use of the Website and the App, including, but not limited to, any Sellers.


f)  You understand that Parkhound does not make any attempt to verify the statements of users of the Website and the App or Services or to review or visit any Parking Spaces. Parkhound makes no representations or warranties as to the conduct of users of the Website and the App or Services or their compatibility with any current or future users of the Website and the App, or Services.


g) You agree to take reasonable precautions in all communications and interactions with other users of the Website and the App or Services and with other persons with whom you communicate or interact as a result of your use of the Website and the App, or Services, including, but not limited to, Sellers, particularly if you decide to meet in person.


h) We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Seller during the Booking Period. We act as agent for the Seller and by making a Booking the Buyer is entering an agreement with the Seller under which the Seller is bound to provide you with the Parking Space, subject always to this Parking Space Booking Agreement.


i)   Unless stated otherwise in these Terms, once we have confirmed the buyers Booking we have no further obligation to the buyer in relation to the Parking Space, the Booking Period or Booking and all responsibility lies with the Seller.


j)   We make great efforts to ensure that our Sellers offer a good service and provide their Parking Space in accordance with Buyer expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Seller generally do not meet the requirements of the buyer or. The  right of action or claim in such circumstances will be against the Seller but we may assist (at our discretion) in seeking to resolve a dispute between the buyer and the Seller.

 

k) You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform.

 

l)   You agree to not attempt to contact a Seller or Buyer directly until a Booking has been confirmed or until given direction to do so by Parkhound.

 

m)  You agree that you will not create any false account with Parkhound or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering.

 

n) We act as the Seller's agent for the purposes of forming binding agreements between the buyer and the Seller but have no liability to you in relation to the Parking Space or the Booking other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Buyers or Parking Space Sellers and disclaim all liability in this regard to the fullest extent permissible by law.

 

5) Accounts


a) You agree that you will not create any false account with Parkhound or use your account with Parkhound for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.


b) You agree to not accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting;

 

i. To probe, scan, or test the vulnerability of the Services, the Website and the App, or any associated system or network, or to breach security or authentication measures without proper authorization;

 

ii. interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website and the App or Services, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing;”

 

iii. using the Website and the App or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

 

iv. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or

 

v. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Parkhound in providing the Website and the App or Services.

 

c) We may suspend your Account at any time should you be in breach of this Agreement.Furthermore, if you have not registered with us, we may suspend your access to the Website or the App if we believe you to be in breach of this Agreement.


d) If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings or listings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.


e) Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.


f)  In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).

 

Service Agreement

 

1. These Terms

a. As a seller you agree to use Parkhound as your exclusive agent for the purposes of making and accepting bookings from Buyers. For the purposes of this clause a “Buyer” means any person who:

i.       has made a booking of your Parking Space through Parkhound; or

ii.      has made an enquiry about your Parking Space through Parkhound (whether or not such person completed a booking); or

iii.     has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with Parkhound; or

iv.     has made you aware of their need for parking through Parkhound whether or not in any of the above scenarios such person completes a booking with you or a third party (“Seller”). In the event of a booking between a Buyer and a Seller such of these terms and conditions as relate to fees payable to Parkhound will apply to the Seller.

v.      in the event that you arrange any booking or accept a booking to use your Parking Space with a Buyer (or any other person who is responsible for or entitled to drive the same car as a Buyer) within a period of 12 months from the end of a Buyer's Booking Period (if the Buyer makes a booking) or the date on which we introduced the Buyer to you or the Buyer became aware of you or your Parking Space through Parkhound, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your Parkhound balance accordingly. 

vi. In the event a buyer fails to make full payment by the due date required by Parkhound under this agreement, the buyer agrees to:

vi.i. At 3 days overdue, the addition of a $25 late fee. This fee may be waived at the sole discretion of Parkhound should the buyer make full payment before close of business on the 7th day overdue.
vi.ii. At 3 days overdue, the buyer will be denied access to the space or seller's property until the default is cured.
vi.iii. At 7 days overdue, Parkhound claims, and you grant, a contractual lien over any vehicle parked on any and all properties under agreements with Parkhound.
vi.iv.. At 14 days overdue, Parkhound or the seller may immediately terminate the agreement and require the immediate removal of any vehicle parked from the Space.
vi.v. At 28 days overdue, at the sole discretion of Parkhound, consider any vehicle in the space to be abandoned by the buyer and treated as such.

 

2. Seller Obligations

As a seller:

a.    You authorise us to advertise your Parking Space on the Site and the App and provide information to Buyers and prospective buyers who may wish to use the Parking Space.

b.    You authorise us to refer to you or your Parking Space at any time in the future to publicise ourselves or our website.

c.    You authorise us to send promotional materials to Buyers and provide such information about your Parking Space as we may deem appropriate to promote Parkhound or your Parking Space.

d.    You will be required to complete your own listing for the Site and the App. As the seller you agree to provide all relevant information about your Parking Space including but not limited to:

i.       the address of the Parking Space;

ii.      any restrictions on the types of vehicles for which the Parking Space is suitable;

iii.     any other information or restrictions which apply to the Parking Space which a Buyer should be aware of before booking the Parking Space.

iv.     your name, address, email, date of birth and mobile number.

e.    You must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time and we may also ask you to clarify any information you have provided.

f.     You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Buyer under this Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Buyer as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.

g.    You grant us the right that we reserve to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under the Booking Agreement.

h.    You appoint us as your agent for the purposes of forming an agreement between you and the Buyer to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all or part of your booking charges from the Buyer and transfer to you minus any fees or charges as specified to you at the time of you booking confirmation.

i.      You must:

i.       ensure before any Booking Period, that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Buyer under the Booking Agreement.

ii.      honour all Booking Agreements with Buyers

3. Termination

a.    Either party may terminate this Agreement at any time but upon termination you agree to honour any outstanding bookings. From the date of termination we will not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding bookings.

b.    In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.

c.    We will be entitled to terminate this Agreement immediately if:

i.       you are in material breach of any of the terms of this Agreement; or

ii.      you do anything to put our goodwill or reputation at risk; or

iii.     we have any reason to believe that you are not authorised to grant a license to use the Parking Space;

iv.     you cancel a booking other than in accordance with the Cancellation Policy; or

v.      you refuse to cooperate with us in respect of this Agreement.

vi.     In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).

 

4. Your Liability

a.    You agree to defend, indemnify and hold harmless Parkhound, its affiliates, and their respective officers, directors, managers, employees and agents ("Parkhound Indemnities") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from:

i.       your actions or omissions in relation to the Site and the App, the Parking Space or the Booking;

ii.      your violation of any term of this Agreement; This defence and indemnification obligation will survive this Agreement and your use of the Site and the App.

iii.     any claim that any content uploaded by you to the Site or the App caused damage to a third party;

iv.     your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right;

v.      any claim that any content uploaded by you to the Website caused damage to a third party;

vi.     your violation of any law; or

vii.    you hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Parkhound indemnities.

viii.   your breach of this Agreement. This defence and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Parkhound Indemnities. The full address of the parking space will always be provided in full and you will be liable for parking at the incorrect property as a result of your own negligence.

BOOKING AGREEMENT

This Agreement sets out the terms and conditions on which the Seller agrees to permit the Buyer to use the Parking Space.
1.    This leasing agreement ("Agreement") is between the buyer ("Buyer") who has booked a parking space through the Parkhound website (“Website”) or Parkhound mobile app ("App") and the owner or operator ("Seller") of the parking space ("Parking Space") which has been booked. 
2.    This Agreement and any additional terms included in a Seller's listing are a contract between the Buyer and the Seller. Parkhound is not a party to this agreement.  

1.    The Booking Process
1.1.    This Agreement becomes binding on the Buyer and the Seller when the Seller accepts the terms of a Booking as communicated by Parkhound and when the Buyer requests a booking and payment is received by Parkhound.
1.2.    Each party acknowledges that the Agreement  contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other
1.3.    You may not incorporate any additional terms into the Booking Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Buyer or Seller any additional terms or amendments to the Booking Agreement after a booking has been made without our consent. The Buyer is not obliged to accept any further terms once we have accepted a booking on your behalf.


2.    Buyer Rights and Obligations
The Buyer:
2.1.    Subject to clause (d) below, is entitled to permit another person to use the Parking Space under this Agreement.
2.2.    is responsible for ensuring that any person (an "Authorised Person") the Buyer allows to use a Parking Space complies with the terms of this Agreement. The Buyer is responsible for the conduct of any such Authorised Person. 
2.3.    must only use the Parking Space at the times specified in this booking confirmation. If the Buyer uses the Parking Space at any earlier or later time, the Buyer will be liable to the Seller under the Booking Agreement and the Buyer’s vehicle may be towed. 
2.4.    must use the vehicle the details of which have been notified as part of the Booking. If the Buyer uses a different vehicle they may be unable to park.  If the buyer wishes to change the registered vehicle to be used for the parking space, the buyer must contact Parkhound in advance of the booking so that Parkhound can confirm and notify the Seller.
2.5.    During the Booking Period, if the Buyer has any concerns or queries about the Parking Space the Buyer must contact Parkhound immediately and Parkhound will direct the concern or query to the Seller if appropriate.
2.6.    At the start of the Booking Period, the Buyer must inspect the Parking Space and ensure the Parking Space meets the description on the Website and the App. If the Buyer believes that the Parking Space does not reasonably match the description on the Website and the App, you must contact Parkhound immediately, in which case we will provide you with the Seller contact details in order to resolve the concern or query. 
2.7.    Where possible, any dispute between the Buyer and the Seller relating to the Parking Space should be dealt with at the start of the Booking Period and without our involvement so that the Buyer may still fulfil the Booking. Where this does not prove possible, the Buyer agrees that Parkhound may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.
2.8.    must vacate the Parking Space and cease using the Parking Space by the end of the Booking Period. The exact departure time from the Parking Space will be as stated in the Booking Confirmation.
2.9.    acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space.
2.10.    has primary responsibility for the Buyer’s safety and the safety of their vehicle during the Booking Period and agrees that the Seller is not responsible for ensuring the Buyer’s or an Authorised Person’s safety, or the safety of your vehicle.

3.    Seller rights and obligation

3.1.    The Seller agrees to:
3.2.    Provide the Parking Space in accordance with the details and information set out in your Website and App listing;
3.3.    Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
3.4.    Use best endeavours to settle any disputes that may arise during the Booking Period as soon as practicable so that the Buyer may still fulfil his booking.
3.5.    You will be advised of any enquiries about your Parking Space by any method possible including but not limited to email, text message or phone call.  
3.6.    You agree to confirm with us as soon as practicable whether or not the booking is accepted. You can accept a booking by signing into the Website and the App and approving the relevant enquiry or by sending us an email, SMS or phone call or by agreeing at the time of listing to automatic accepting, in which we will automatically accept bookings for you instantly, always or if a booking meets certain criteria.
3.7.    Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48 hour period, we may suggest other Parking Space options to the Buyer who has made the enquiry.

4.    Buyer and Seller Obligations
As a buyer or a seller:
4.1.    You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website and the App they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion. 
4.2.    You agree to not use the Parking Space or deal with other Parkhound members in any way which could be deemed to be harmful to the business or reputation of Parkhound or do anything which might adversely affect our relationship with a Seller or a Buyer;
4.3.    You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkhound or any Buyer or  Seller through any communication including written and oral communication made by yourself or a third party to transact outside of the Website and the App.
4.4.    You agree to provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
You agree to not use the Website or the App in any way which may detrimentally affect the reputation of Parkhound or the use and enjoyment of the Website and the App or our Services by any other users or third parties;
 
5.    Mutual warranties:
5.1.    Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

6.    Buyer warranties:
The Buyer represents and warrants that the Buyer will:
6.1.    keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
6.2.    park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
6.3.    notify the Seller or Parkhound of any damage to the Parking Space during the Booking Period as soon as it occurs;
6.4.    not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Seller or owner or occupier of neighbouring property;
6.5.    not conduct any illegal activity from the Parking Space;
6.6.    not conduct any business or commercial activity whatsoever from the Parking Space;
6.7.    not use the Parking Space for any purpose other than for parking;
6.8.    indemnify and hold harmless the Seller against all loss, liability, damages, costs and expenses arising from the Buyer's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Seller; and
6.9.    act with courtesy towards the Seller; and.
6.10.    have at all material times a valid driving license and vehicle registration.
6.11.    The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.

7.    Seller warranties:
The Seller represents and warrants that the Buyer:
7.1.    owns or is authorised to use the Parking Space and is  authorised to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so.  If you do not have the necessary authority you agree to indemnify and hold harmless Parkhound for any loss we may suffer as a result of your breach of the representation and warranty above. 
7.2.    has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.


8.    Payment
8.1.   Our standard policy is to collect a monthly payment owed by the Buyer for the Parking Space at the time the booking is made.   We will collect full payment up front in the case of a short or medium-term booking (any booking of up to 1 month).
8.2.   For long-term bookings (any booking of more than 1 month) we will request a payment from the Buyer up front for the first month, and then we will request payment for 1 months' worth of the booking, or the remaining booking time, whatever is less, 3 days in advance until termination of the Booking. 
8.3.   We are authorised by the Seller to accept payment from the Buyer on the Seller's behalf.  If the Buyer has paid the full amount for the booking to Parkhound at the time the booking is made then no further payments are due to the Seller. The Seller accepts that payment of the fees for the Booking to Parkhound represents a full discharge of the Buyer's payment obligations for that booking.
8.4.     As a Seller, you authorise us to accept and hold Buyer payments on your behalf. We will send the payment to you that we have received from the Buyer after the start of the Booking Agreement or after the start of the next payment period in the case of a long term booking. We reserve the right to waive this escrow period.
8.5.     Parkhound is entitled to process all transactions using your Account and is not required to check that you have authorised such transactions.
8.6.      As a Seller, you are required to provide us with your banking details, including your nominated Australian Bank Account Number, BSB and Account Name, to make payments to you. As a Buyer, you are required to provide your credit or debit card details to be charged for all your payments and you authorise Parkhound to use these details for any payments you may owe to us or to a Seller.
8.7.        You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar State and Federal indirect taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner.

8.7.1 You understand and agree that you are solely responsible for paying any parking or congestion levies. Parkhound suggests that it is best to consult your local authority. The State of Victoria have published their guidelines here: http://www.sro.vic.gov.au/carspacerental and advice for NSW can be found at http://www.revenue.nsw.gov.au/taxes/psl.

8.8.        As a Buyer, if your payment is not received or fails we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. Parkhound and/or the Seller may deny you access to the Parking Space or the Seller’s Property until the default is resolved.
8.9.    Once payment has been received we will send you the Confirmation Email which will include the Booking Period (which may be changed by agreement or termination as set out below) and a contact telephone number for the Buyer
8.10.    You agree that we may issue you with invoices and receipts in electronic format by email or other method.
8.11.    Parkhound will add an additional service fee on top of the Seller's price, based on the commission rate at the time the booking is accepted, and is inclusive of GST.
8.11.1    In the case of bookings priced on a negotiated offer, Parkhound's service fee will be deducted from the amount offered by the buyer.
8.11.2    Parkhound's service fee is currently based on a commission rate of 15% (inclusive of GST). Parkhound reserve the right to change this rate at any time, however rate changes will not effect previously existing bookings.
8.11.3    The GST collected by Parkhound pertains only to the service fee, and does not cover the Seller's earnings.
 

9.    Cancellation and Booking Guarantee
9.1.    All bookings are made subject to the Cancellation Policy as set out in this agreement and the Buyer and the Seller each agree to comply with the terms of the Cancellation Policy and authorise Parkhound to administer the Cancellation Policy, if necessary, by making refunds. 
9.2.    The Buyer must cancel their booking by contacting Parkhound via email at team@parkhound.com.au or calling 1300 556 355 and requesting a cancellation. Notice of cancellation will be deemed to be received at the point Parkhound receives a cancellation request for their booking. Parkhound is not responsible for any transmission failures.
9.3.    If the Buyer fails to cancel the booking using the Parkhound cancellation procedure the Buyer will be liable for the full amount of the fees payable to the Seller and will not receive any refund whatsoever.
9.4.    Furthermore, as a Buyer you agree that if a Seller wishes to cancel a Booking they may do so through us and our Website and the App. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy. If you have paid a booking deposit and are required to make further payments to a Seller under the Cancellation Policy you authorise us to collect payment on behalf of the Seller using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.
9.5.    For the avoidance of doubt, it is the Seller's responsibility to make any refund to which the Buyer may be entitled. However, if we are holding funds on behalf of the Seller we may (at our sole discretion) refund sums to you. 
9.6.  A full refund can be provided to the buyer if the:
i.    Parking space is unavailable on the date and time agreed
ii.   Parking space address is incorrect
iii.  Parking space description or listing details are substantially misleading
iv.  Seller needs to cancel the booking and informs the buyer before the start date
v.   Refund request is receivedon the day of the booking start date and is approved after investigation.
vi.    If a space is advertised as having a booking guarantee, Parkhound may provide the Buyer a full refund if the above criteria are met in Parkhound’s absolute discretion and judgement, though it is not obliged to do so. 

Partial Refund
9.7.    The seller must inform Parkhound and the Buyer within seven days’ notice, if the seller wants to cancel a booking, then a refund covering the remaining booking period will be provided to the buyer.  A seller must provide 1 month's notice.
9.8.    Example: If the seller cancels a booking in week 2 of an agreed 4 week agreement, then the buyer is owed a refund for the 2 weeks lost.
9.9.    The buyer must inform Parkhound and the Seller, if the buyer wants to cancel a booking 
9.10.    If a buyer wants to cancel a booking that has more than 1 month to run, then the buyer must pay a cancellation fee (equal to 1 month of the parking rate).  The rest of the payment will be refunded.  
9.10.1.1.    Example: If the buyer cancels a booking in month 1 of a 3 month agreement, then they must pay a cancellation fee (equal to 1 month).  The buyer will not be charged the remaining time period.  

No Refund
9.11.    If the buyer wants to cancel a booking that has less than 1 month to run on the booking period, then the buyer will receive no refund.
9.12.    Example: If the buyer cancels a booking in week 2 of an agreed 3 week agreement, then the buyer will receive no refund.
9.13.    If the buyer does not use the parking space or make suitable attempts to find it and contact the owner, then the buyer will receive no refund.

Bonds

9.15. Sellers may add a bond to cover the loss or theft of the parking space access device e.g. key, swipe card, remote control.

9.16. The bond is held for the duration of the booking by Parkhound.

9.17. When the booking is completed or the access device returned, the Seller can log on to their dashboard and refund the bond to the Buyer.

9.18. Parkhound will attempt to contact the Buyer and Seller for up to 7 days post the booking completion date to confirm refund of the bond.

9.19. If the bond can't be refunded within 120 days of the booking ending due to Buyer card cancellation or payment transmission issue, Parkhound will retain the whole bond.

10.    Complaints and Disputes
10.1.    The Buyer and Seller agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by Parkhound.
10.2.    In the event that a dispute cannot be resolved with the Buyer or Seller directly, either the Buyer or Seller may refer the dispute to Parkhound.  Parkhound is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.
11.    Liability 
11.1.    You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on the Website or the App.

12.    Confidentiality
12.1.    The Buyer and Seller agree not to disclose any confidential information of each other.  For the purposes of this agreement, confidential information includes information of a confidential nature which is obtained during the course of their contractual relationship or as a result of the use of the Parking Space and which is not publically available information.