1 Definitions
In these terms and conditions, unless the context requires otherwise:

Fees Fees means the charges levied by a Service Provider and paid through the Payment Facility together with any transaction fee payable to us as notified in advance;
our website means the website at http://www.mpark.com.au;
Members Area means the section of our website clearly marked as such;
Payment Facility Payment Facility means our electronic payment facility, which enables you to charge Fees to your credit card, charge card or mobile phone account;
Service Provider
means a provider of goods or services who permits you to pay for those goods or services through our Payment Facility;.
we and us we and us means Itsmobile Australia Pty. Limited, ACN 102 528 665; and
you means you, the customer.

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2 The Payment Facility

2.1
We operate the Payment Facility to enable customers to acquire goods and services from participating Service Providers by paying the Fees using the Payment Facility.
2.2
On you paying us the Fees in accordance with this Agreement, we will use reasonable endeavours to notify the relevant Service Provider of our receipt of payment.
2.3
We are not liable for any failure of the Service Provider or any other third party in the supply of goods or services to you. You must address concerns or disputes concerning goods or services supplied or not supplied directly with the relevant Service Provider.
2.4
You acknowledge that we may receive a commission with respect to payments made through the Payment Facility.
2.5
Following registration with us, you will be provided with access information related to subsequent transactions in the Members Area of our website.
2.6
You agree that:
(a) we do not supply, and take no responsibility for, the goods or services supplied by a Service Provider and you release and indemnify us from all liability in connection with any such goods or services;
(b) we only operate the Payment Facility as a service to facilitate payment of the Fees by you to the Service Provider;
(c) the terms and conditions of sale for goods and services supplied by a Service Provider are an agreement between you and the Service Provider and are not binding on us;
(d) you are responsible for ensuring that you have sufficient credit to pay for any transaction and if not, to make other arrangements for payment to the Service Provider;
(e) charges may be increased from time to time and such changes will be immediately binding on you;
(f) you must promptly notify us of any changes to your registration details through the Members Area or by emailing support@itsmobile.com.au;
(g) you are responsible for all telecommunications charges associated with your access to the Payment Facility and our website;
(h) you must comply with any instructions or guidelines given to you by us in relation to the use of the Payment Facility;
(i) you must comply with all relevant laws; and
(j) if the Payment Facility is unavailable, fails to acknowledge payment or fails to notify you that an additional payment is required, for any reason, our only liability to you will be a refund of any payment received but not acknowledged and you must make other arrangements for making payment to the relevant Service Provider.


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3 Payment

3.1
You must pay us the Fees in advance using a method notified to you by us or the Service Provider.
3.2
You authorise us to charge you the Fees using the payment method you select and you acknowledge and agree that you are bound by the terms and conditions of your agreement with your credit card or mobile phone account provider with respect to any Fees charged to your credit card or mobile phone account and that the Fees will appear on your account from that provider.
3.3
You accept liability for all Fees charged by us where those Fees have been authorised using your mobile phone caller line identification number.
3.4
If you wish to dispute any Fees you must notify us within 7 days of your receipt of any account setting out those Fees.
3.5
In this clause, "GST" means the tax imposed by The A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related imposition Acts of the Commonwealth.
3.6
If GST is imposed on any supply made by us under this Agreement, you must pay, in addition to any Fees (unless those fees already expressly include GST), an additional amount equivalent to the GST which is payable, at the time the Fees are payable.

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4 Privacy

4.1
We have in place a privacy policy which is available on request and on our website. The primary purpose for us collecting your personal information (as described in the Privacy Act) is for the operation of the Payment Facility, the promotion to you of new services or Service Providers who support the use of the Payment Facility and to assist you and the Service Provider enforce any arrangements made between you in connection with the Payment Facility.
4.2
We will deal with that information in accordance with our privacy policy and only disclose it to the Service Provider, organisations who help us provide our services or as otherwise required or permitted by law.
4.3
You may contact us if you wish to gain access to your personal information.

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5 Liability

5.1
The only terms implied into these terms and conditions are those which cannot be lawfully excluded. To the fullest extent permitted by law, our liability for breach of any such terms (other than section 69 of the Trade Practices Act) will be limited, at our option as the case may be, to any one or more of: the replacement, repair or payment of the cost of replacement or repair of the relevant goods; and supplying the relevant services again or payment of the cost of those services being supplied again.
5.2
Subject to clauses 2.6(h), 5.1 and 7.1, to the maximum extent permitted by law, our liability to you for all loss or damage suffered or incurred by you arising out of or in connection with this Agreement (including all loss arising from any breach of contract, our negligence or any breach of statute) is limited as follows:
(a) we will not be liable to you for any indirect or consequential loss (including loss or corruption of data, loss caused by delay, fines, penalties or loss of profit); and
(b) Our liability to you for direct loss or damage suffered or incurred by you arising from any act or omission or series of connected acts or omissions ("Event") will be limited to the Fees paid by you in respect of the transaction relating to that Event.
(c) and we will not otherwise have any liability to you whatsoever in connection with our relationship.

5.3
You acknowledge that you have not relied on any representations made by us which are not set out in these terms and conditions.

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6 Suspension and Termination

6.1
We may suspend the Payment Facility or your use of the payment Facility at any time without cause.
6.2
Either of us may terminate these terms and conditions:
(a) on 7 days notice; or
(b) immediately if the other is in material breach of these terms and conditions or if the other becomes or is in jeopardy of becoming subject to any form of insolvency administration (including receivership, administration or liquidation). Without prejudice to our other rights, you will immediately pay us any amounts owed to us on termination.
6.2
Any termination of these terms and conditions is without prejudice to any rights or remedies accrued to the parties.

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7 General

7.1
We will not be liable to you for any non performance of our obligations under this Agreement where that non performance results from matters beyond our reasonable control.
7.2
Time will not be of the essence and we are not liable to you for any delays which occur in the completion of a transaction or our inability to complete a transaction within a particular time.
7.3
Any waiver of a right under these terms and conditions must be in writing. A delay in exercising a right or a partial exercise of a right is not a waiver of any part of that right.
7.4
We may assign or novate this Agreement without your consent. You may not assign or novate this Agreement.
7.5
These terms and conditions and the accompanying application form contain the entire agreement between us and you agree that you have not relied on any representation not contained in these terms and conditions when entering into this Agreement.
7.6
These terms and conditions may be varied by us posting an amended copy of this Agreement on our website. The latest version of this Agreement is also available on request.
7.7
These terms and conditions are governed by, and must be construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia.
7.8
We may send correspondence to you (including notices) at the fax number, postal or email address notified by you through the Members Area. You may send correspondence to us (including notices) through the feedback form on our website or by facsimile or prepaid post using the address or fax number last notified to you. Correspondence sent:
(a) through our website will be deemed to be received on your receipt of a confirmation email;
(b) by email will be deemed to have been received 1 hour after posting unless we become aware of any delay or failure in delivery within 24 hours of sending;
(c) by post will be deemed to be received 2 business days after posting; and
(d) by fax will be deemed to have been received on the sender’s receipt of a confirmation report from the relevant fax machine.

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