Club Secure - Terms and Conditions

Secure Parking NZ Ltd (NZBN 9429038348471) (we, us and other similar expressions) operates the Club Secure loyalty program (Club Secure) in accordance with the terms and conditions set out below.

1.    Accepting the terms

1.1    By completing the Club Secure registration process and joining Club Secure, you agree to be bound by:

(a)    these terms and conditions

(b)    our Privacy Policy and

(c)    our Website Terms of Use,

which are incorporated into and form part of these terms of use,
(collectively, the Club Secure Terms).

2.    Variations

2.1 We may change the Club Secure Terms at any time by publishing the varied terms on our website, www.secureparking.co.nz (our website). Your continued use of Club Secure after the variation will be deemed agreement by you to be bound by the most current version of the Club Secure Terms published on our websites. It is your responsibility to regularly check the Club Secure Terms as a member of Club Secure. 

2.2 If you object to the Club Secure Terms or any variation to them, or you become dissatisfied with your membership of Club Secure in any way, your only remedy, other than any remedy which cannot be excluded by law, is to terminate your membership of Club Secure in accordance with clause 7.1.

3.    Registration

3.1 To register as a member of Club Secure you must have and maintain a valid email address and mobile telephone number.

4.    Benefits of membership

4.1 In addition to exclusive access to the Club Secure member section of our website, the benefits of membership of Club Secure include:

(a)    Discount parking – you are entitled to exclusive discount coupons to save on early bird, weekend and night parking at participating car parks around Australia (see information below about redeeming coupons);

(b)     Partner offers – you are entitled to discounts from retailers, restaurants and entertainment venues around Australia;

(d)    Prizes – you have the opportunity to participate in regular exclusive member only competitions, where prizes may include free parking, holidays or event passes; and

(e)    Special alerts – you will be among the first to know about new discounts, competitions, events and car park openings with Club Secure email alerts.

5.    Direct marketing activities

5.1 When registering as a member of Club Secure you consent to:

(a)    us sending you electronic messages including SMS, MMS, and email regarding any promotional, marketing and publicity activities that we may offer; and

(b)    our selected third party partners sending you electronic messages SMS, MMS, and email regarding any promotional, marketing and publicity activities that they may offer.

5.2 If you receive electronic messages from us and/or third parties, you have the right to unsubscribe from receiving any further electronic messages of the kind described in clause 5.1 by: 

(a) in relation to electronic messages received from us, following the unsubscribe directions in the electronic messages, clicking on the unsubscribe facility in the relevant electronic message, or emailing us at help@secureparking.com.au; 

(b) in relation to electronic messages received from third party partners, clicking on the relevant unsubscribe facility in the electronic messages or by contacting the third party directly;

5.3 If you unsubscribe from receiving any further electronic messages in one of the ways set out in clause 5.2 you acknowledge that you will also be terminating your membership of Club Secure, and you will no longer be entitled to any of the benefits associated with your membership of Club Secure.

6.    Privacy  

6.1 We are committed to your privacy and handle all personal information in accordance with applicable privacy laws. Our privacy policy records how:  

(a)   we collect, store, use and disclose your personal information;  

(b)   you may request access to, and correction of, the personal information about you that we hold; and  

(c)   you may complain about a potential breach by us of the applicable privacy laws, and how we will deal with such a complaint.  

6.2 You can access our privacy policy by clicking on the applicable link available at clause 1.1(b) of these terms and conditions.  

7.    Termination and suspension

7.1 You may terminate your membership of Club Secure at any time and without notice by:

(a)    unsubscribing from receiving any further electronic messages in one of the ways set out in clause 5.2; or

(b)    submitting your request to Secure Parking via help@secureparking.com.au

7.2 We may suspend or terminate your membership of Club Secure program at any time by giving you at least 7 day’s notice, to the email address associated with your Club Secure account.

8.    Limitation of Liability

8.1 Terms, conditions, warranties and guarantees implied by law which cannot be excluded, restricted or modified (for example, the Consumer Guarantees Act 1993 and Australian Consumer Law) apply to the Club Secure Terms to the extent required by that law. To the extent that you are considered a consumer under applicable consumer legislation of your jurisdiction, the warranties, guarantees or other rights provided by law may still apply and nothing in these Club Secure terms and conditions excludes, restricts or modifies the rights you may have available to you. Except for non-excludable consumer guarantees and other rights you may have that we cannot exclude, restrict or modify, we are only bound by the provisions in these terms and conditions. To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited, at our option, to one or more of the following:  

(a) the supplying of the services again; or 

(b) the payment of the cost of having the services supplied again.  

8.2 If you are in New Zealand, in trade and using your Club Secure membership for business purposes, you agree that the statutory guarantees set out in the Consumer Guarantees Act 1993 do not apply to the supply of Club Secure to you.   

8.3 To the extent permitted by law, we exclude all other terms, conditions, warranties and guarantees which might be implied into the Club Secure Terms. 

8.4 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in the Club Secure Terms. 

8.5 Subject to clause 8.1/2 we do not accept responsibility for any loss or damage, however caused (including through breach of contract, breach of statute, negligence or other tort), which you may directly or indirectly suffer in connection with your membership of Club Secure, nor do we accept any responsibility for any loss arising out of any suspension or termination of your membership of Club Secure or any variation of the Club Secure Terms. 

9.    General information

9.1 The Club Secure Terms supersede any prior agreements between you and us in respect of your membership of Club Secure.

9.2 Our failure to exercise or enforce any right or provision of the Club Secure Terms must not be treated as a waiver of the right or provision.

9.3 If any of the Club Secure Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use are to continue in full force.

9.4 Your rights and obligations under the Club Secure Terms are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

9.5 The Club Secure Terms and the relationship between you and us and any dispute arising out of such terms are governed by: 

(a) if you are in Australia, the laws in force in the State of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales; or 

(b) if you are in New Zealand, the laws in force in New Zealand without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in New Zealand.