Terms of Service | SmartParks

1. Agreement to Terms

By accessing or using SmartParks products and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services. You must accept these Terms before subscribing to or using the Services.

SmartParks is operated by Smart Park Solutions Pty Ltd, ABN 42 692 740 337, of 186 Godfrey Street, Boort, Victoria 3537 ("we", "us", "our").

2. Description of Services

SmartParks provides cloud-based vehicle access control, automatic number plate recognition (ANPR), digital signage, and AI phone assistant software for holiday parks, caravan parks, lifestyle villages, and similar venues. Services are delivered via the SmartParks Portal at portal.smartparks.com.au.

3. Account Registration

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account.

4. Subscriptions and Billing

Services are provided on a monthly subscription basis. All prices are in Australian Dollars (AUD) or New Zealand Dollars (NZD) and are displayed exclusive of GST. GST is added at invoicing.

Subscriptions are billed monthly via Stripe. Payment is due at the start of each billing period.
If payment fails, you have a 7-day grace period. After that, your instance may be suspended.
You may cancel your subscription at any time. Access continues until the end of the current billing period.
Usage-based overage charges apply if your ANPR reads exceed your plan's included quota, unless your commercial agreement sets custom Enterprise terms.
No lock-in contracts. No cancellation fees.

5. Hardware Orders

SmartParks also sells physical hardware kits and components (cameras, controllers, keypads, networking, and related equipment) through the online store. The following terms apply to hardware orders in addition to any subscription terms above.

Pricing and GST.

All hardware prices are in Australian Dollars (AUD) and displayed inclusive of GST. Tax invoices with a GST breakdown are issued with every order.
Standard Australia-wide shipping is included with all hardware kit purchases at the listed price.
We reserve the right to correct pricing errors and cancel orders affected by obvious mispricing, refunding any amount paid.

Payment and order acceptance.

Payment is processed at checkout via Stripe. Placing an order is an offer to purchase; the order is accepted when we confirm dispatch.
We may decline or cancel an order at our discretion (including for stock shortages, suspected fraud, or inability to ship to the supplied address) and will refund any payment in full.

Shipping and delivery.

Orders are shipped within Australia. We will confirm the carrier, estimated delivery window, and tracking details after dispatch.
Delivery estimates are indicative only and not guaranteed. Risk of loss and title to the goods pass to you on delivery.
You are responsible for inspecting goods on receipt and notifying us within 7 days of delivery of any visible damage, missing items, or dead-on-arrival (DOA) faults.

Warranty.

All hardware is covered solely by the original manufacturer's warranty. We do not provide any additional or extended warranty beyond what the manufacturer offers.
Warranty periods and terms vary by product — typically 12 months for cameras and networking equipment, longer for access control hardware. Check the manufacturer's documentation for the specific product for details.
We'll help you lodge warranty claims for goods purchased from us, but the warranty itself is between you and the manufacturer and subject to their assessment.

Dead on arrival (DOA).

If a product is faulty on delivery and we're notified within 7 days of receipt, we'll arrange a replacement or full refund at no cost to you. Please include photos or a short description of the fault when contacting us for an RMA.

Change of mind returns.

Change-of-mind returns are accepted within 14 days of delivery.
Items must be unopened, undamaged, and in their original packaging. Opened or damaged items are not eligible for a change-of-mind return.
A 20% restocking fee applies to all approved change-of-mind returns and will be deducted from the refund.
Return shipping is at the purchaser's expense. We recommend using a tracked service — we're not responsible for items lost or damaged in return transit.
All returns require a return authorisation (RMA) number issued by us. Unauthorised returns may be refused.

Australian Consumer Law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods come with guarantees that cannot be excluded under the ACL. If a product has a major failure, you are entitled to a refund or replacement under the ACL, and we will honour those rights regardless of the change-of-mind conditions above.

Site suitability.

It is the purchaser's responsibility to confirm that a kit or component suits their site (mounting distances, angles, lane width, existing infrastructure) before ordering. Suitability details are provided on each kit page, and we offer free pre-order site checks on request. Hardware that doesn't suit your site is treated as a change-of-mind return (subject to the conditions above), not a faulty product.

Stock substitution.

Occasionally a specific SKU may become unavailable between order and dispatch. If that happens, we'll contact you before shipping to offer an equivalent-or-better substitute or a full refund of any amount paid.

RMA contact.

All returns — DOA, warranty, or change-of-mind — require an RMA issued by us first. Email hello@smartparks.au with your order number and the reason for return.

Installation.

Hardware is supplied only. Physical installation (mounting, wiring, cabling, electrical work, and commissioning) is the customer's responsibility and should be carried out by a licensed local installer. We are not responsible for faults caused by incorrect installation — if you're unsure whether an issue is hardware or installation, contact us and we'll help diagnose. We provide remote software configuration once the hardware is in place.

6. Customer Responsibilities and Prerequisites

You are responsible, at your own cost, for:

maintaining an active subscription to, and valid API authorisation for, your chosen property management / booking system (for example Newbook or RMS), and complying with that provider's terms;
providing and maintaining everything the Services need on site to function — compatible cameras and access-control hardware, a reliable power supply, internet/cellular connectivity, and the physical gate, boom, or barrier;
ensuring the booking, guest, resident, and vehicle data in your booking system is accurate and current;
displaying appropriate privacy collection notices and signage to guests, residents, and visitors about ANPR/CCTV capture, and meeting your own obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
using the Services lawfully and only to manage access to premises you own or operate.

7. Acceptable Use

You agree not to:

Use the Services for any unlawful purpose or in violation of applicable laws
Attempt to access other users' accounts, data, or instances
Reverse engineer, decompile, or disassemble any part of the Services
Use the Services to collect personal information about individuals beyond what is necessary for vehicle access control
Resell or sublicense access to the Services without written permission

8. Third-Party Services and Dependencies

The Services integrate with and depend on third-party products and services that we do not control, including your booking/property-management system and its API (such as Newbook or RMS), access-control hardware and controllers, cameras, networking, cellular carriers, payment processors, and cloud providers ("Third-Party Services").

We make no warranty about, and are not responsible for, the availability, performance, accuracy, security, continuity, or changes of any Third-Party Service.
Third-Party Service providers may modify, rate-limit, suspend, withdraw, or discontinue their products or APIs at any time, with or without notice. If a provider changes or withdraws access — for example, if a booking-system API is changed, throttled, or revoked — the affected SmartParks features may be degraded or unavailable, and we will not be liable for any resulting loss.
Your use of a Third-Party Service is governed by that provider's own terms, which you are responsible for accepting and complying with. We act only as an integrator; we are not a party to, and give no warranties on behalf of, any Third-Party Service provider.
We will use reasonable efforts to maintain integrations and to tell you about material changes we become aware of, but we do not guarantee continued compatibility with any Third-Party Service.

9. Data and Privacy

Your use of the Services is also governed by our Privacy Policy. You retain ownership of all data you submit to the Services. We process your data solely to provide the Services and on your behalf. ANPR plate numbers and images are personal information; you are responsible for providing collection notices to your guests, residents, and visitors.

ANPR images and vehicle plate data are stored on your dedicated instance and are not shared with other customers or third parties.

10. Service Availability

We aim to keep the Services available, but we do not warrant that they will be uninterrupted, timely, secure, error-free, or bug-free. The Services are provided on an "as is" and "as available" basis. We may carry out maintenance, updates, and changes (including adding, modifying, or removing features) at any time. We are not liable for any unavailability, delay, or failure caused by factors outside our reasonable control, including Third-Party Services, internet or power outages, hardware faults at your premises, environmental conditions, or force majeure.

11. Access Control, Recognition Accuracy, and Safety

The Services are a vehicle-access-management aid. They are not a security system, alarm, monitoring service, or any guarantee of site security or safety.
Automatic number-plate recognition is probabilistic. We do not warrant 100% accuracy. Plates may be misread, not read, or read in conditions (weather, lighting, obscured / damaged / missing plates, speed, angle) that reduce accuracy, which may result in access being granted or denied in error.
You remain solely responsible for the overall security and safety of your premises, including the safe operation, fencing, signage, sensors, and maintenance of any gate, boom, or barrier, and for compliance with applicable safety standards. Physical gate/boom safety devices and their installation are the responsibility of you and your installer.
To the maximum extent permitted by law, we are not liable for any loss, damage, theft, unauthorised or denied access, tailgating, property damage, or personal injury arising from or in connection with the operation, failure, or inaccuracy of the Services or of any gate, boom, or barrier.

12. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot lawfully be excluded. Where permitted by law, our liability for failure to comply with a consumer guarantee (other than for goods or services of a kind ordinarily acquired for personal, domestic, or household use) is limited, at our option, to re-supplying the relevant Services or paying the cost of having them re-supplied.

Subject to the above, to the maximum extent permitted by law: (a) we exclude all implied warranties; (b) we are not liable for any indirect, incidental, special, consequential, or economic loss, or loss of profit, revenue, data, goodwill, or business; and (c) our total aggregate liability arising out of or in connection with the Services and these Terms is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the liability.

13. Indemnity

You indemnify us (and our personnel) against all loss, damage, liability, costs, and expenses (including reasonable legal costs) arising from or in connection with: (a) your use of the Services; (b) your breach of these Terms or of any Third-Party Service provider's terms; (c) any data you (or your guests, residents, or staff) submit or that is captured through your site; (d) any claim by a guest, resident, visitor, or other third party relating to access, security, safety, privacy, or your premises; and (e) your negligence or wilful misconduct. This clause survives termination.

14. Suspension and Termination

Either party may terminate the agreement at any time. We may also suspend or terminate the Services immediately if you breach these Terms, fail to pay, or if continuing to provide them would breach a Third-Party Service provider's terms or the law. Upon cancellation, you have 30 days to export your data before your instance and associated data are permanently deleted.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email to your registered address at least 30 days before taking effect. Continued use of the Services after changes take effect constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

17. Contact

For questions about these Terms, contact us at support@smartparks.au or call 1300 018 348.