1. Term of Licence

1.1. This Licence shall commence on the Commencement Date specified in the Schedule and shall continue until terminated in accordance with this Licence.

1.2. The Account Holder must not terminate this Licence within the Minimum Term specified in the Schedule.

1.2.1. Should the Account Holder attempt to terminate this Licence within the Minimum Term, the Account Holder shall immediately forfeit any Bond paid and incur an Administrative Fee.

1.3. Subject to clause 1.2 (above), the Account Holder may terminate this Licence by providing TPL with at least one-month’s Written Notice of Termination.

1.3.1. The Account Holder’s Written Notice of Termination shall be in the written Form prescribed by TPL and shall specify:

1.3.1.1. The Account Name specified in the Schedule; and

1.3.1.2. The ID Card number and the Access Card number and the Reserved Bay number the Account Holder wishes to be terminated.

1.3.2. The Account Holder’s Written Notice of Termination shall be of no effect whatsoever until clause 1.3.1 has been fully complied with.

1.3.3. Written Notice of Termination, shall be deemed to have been received by TPL only upon the date and time it is actually received by TPL.

1.3.3.1. If Written Notice of Termination is provided by post, this date shall be the date upon which the Account Holder’s letter is date-stamped by TPL upon opening.

1.3.3.2. If Written Notice of Termination is provided by facsimile or email, this date shall be the date upon which the Account Holder’s facsimile or email is actually received by TPL, opened by TPL, printed, then date-stamped by TPL.

1.3.4. TPL shall be available to receive Written Notice of Termination from Monday to Friday between the hours of 8.30am and 5.30 pm (excluding Public Holidays).

1.3.5. This clause shall take precedence over clause 30.3 (below).

1.4. Upon the date TPL receives the Account Holder’s Written Notice of Termination, the Account Holder shall immediately pay to TPL by direct debit (or by an alternative method directed by TPL) all Licence Fee for the remainder of the term of this Licence and any other applicable Fees, Costs and/or charges, without any discount, deduction, set-off, or adjustment.

1.4.1. Should the Account Holder fail to comply with clause 1.4, the Account Holder shall immediately incur a Non-Payment Fee and also forfeit any Bond paid.

1.5. The Account Holder agrees not to cancel the Account Holder’s direct debit or automatic bank payment authority (as the case may be) until all outstanding amounts of Licence Fee, other Fees, Bonds or Costs have been duly paid by direct debit or automatic payment (as the case may be).

1.5.1. Should the Account Holder fail to comply with clause 1.5, the Account Holder shall immediately incur an Early Payment-Cancellation Fee.

1.6. After all outstanding amounts of Licence Fee, other Fees, Bonds or Costs have been duly paid by the Account Holder the Account Holder is responsible for then canceling the Account Holder’s direct debit or automatic bank payment authority (as the case may be).

1.7. If, having given Written Notice of Termination, the Account Holder subsequently requests an extension to the Account Holder’s final day of parking and/or the Account Holder revokes the Account Holder’s Written Notice of Termination, the Account Holder shall immediately incur an Administrative Fee.

1.8. Should more than one Bay be specified in the Schedule to this Licence Agreement, upon cancellation TPL shall determine, at TPL’s absolute discretion, which Bay or Bays shall be cancelled and which corresponding Licence Fee(s) shall be extinguished from the relevant termination date.

2. Payment of Licence Fee and other Fees and Bonds

2.1. Unless otherwise directed by TPL, the Account Holder shall pay the Licence Fee each month in advance by direct debit on the first day of every month during the term of this Licence, without any discount, deduction, set-off, or adjustment.

2.1.1. Should the Account Holder fail to pay the Licence Fee in accordance with clause 2.1, the Account Holder shall immediately incur a Non-Payment Fee.

2.1.2. Should the Account Holder provide to TPL a cheque or direct debit authority which is subsequently dishonoured by the Account Holder’s bank, the Account Holder shall immediately incur a Dishonour Fee.

2.1.3. Should the Account Holder make any payment to TPL by way of Credit Card, excluding payment of the "Total Initial Payment", the Account Holder shall immediately incur a Credit Card Fee.

2.2. Should the Account Holder request additional administrative services from TPL, such as, but not limited to, providing duplicate copies of invoices and/or statements, the Account Holder shall immediately incur an Administrative Fee.

2.3. Should the Account Holder’s account with TPL, at any time, record a credit balance, the Account Holder shall immediately incur a Monthly Credit-Balance Administrative Fee.

2.4. Subject to clause 2.5, should the Account Holder make a written request to TPL for a refund of any credit balance on the Account Holder’s account:

2.4.1. During the term of this Licence, TPL may elect to extinguish such credit balance (after a deduction of the Monthly Credit-Balance Administrative Fee and a deduction of any outstanding Licence Fee, other Fees, Bonds or Costs has been made) by providing the Account Holder, or a person nominated by the Account Holder, with additional carparking services, at TPL’s absolute discretion.

2.4.2. After this Licence has been properly terminated by the Account Holder in accordance with clause 1, and only after the expiration of the Period of Notice Required to Terminate (i.e. after the expiration of the Account Holder’s last day of parking with TPL), TPL shall refund any credit balance on the Account Holder’s account after a deduction of the Monthly Credit-Balance Administrative Fee and a deduction of any outstanding Licence Fee, other Fees, Bonds or Costs has been made. Any such refund made by TPL may be made by a single lump-sum payment or a series of monthly installments, at TPL’s absolute discretion.

2.5. Any credit balance on the Account Holder’s account which remains un-claimed by the Account Holder for a period of six (6) months from the date of its payment, shall be immediately forfeited by the Account Holder.

2.6. Any Fee incurred by the Account Holder under clause 2 shall become immediately payable by the Account Holder and shall be recoverable by TPL in the same manner as unpaid Licence Fee.

2.7. Any Fee paid by the Account Holder under this Licence is non-refundable.

3. Licence Fee Review

3.1. TPL may review the Licence Fee at any time by giving the Account Holder a written notice specifying the amount of the new Licence Fee ("Licence Fee Review Notice").

3.2. The Licence Fee Review Notice shall specify the date upon which the new Licence Fee shall take effect ("Effective Date"), being at least one (1) month from the date of the Licence Fee Review Notice.

3.3. Should the Account Holder be dissatisfied with the reviewed Licence Fee specified in the Licence Fee Review Notice, the Account Holder may exercise the Account Holder’s right to terminate this Licence in accordance with clause 1. Otherwise, the reviewed Licence Fee shall be payable by the Account Holder, in the manner set out in clause 2, from the Effective Date and the Account Holder shall sign any documents necessary to effect an amendment to the Account Holder’s direct debit or automatic bank payment authority to provide for payment of the new Licence Fee and deliver these documents to TPL at least ten (10) working days prior to the Effective Date.

4. Hours of Use

4.1. The Account Holder shall be permitted access to the Carpark during the Hours of Use set out in the Schedule.

4.2. The Hours of Use may be varied by TPL from time to time at TPL’s absolute discretion.

4.3. The Account Holder shall be notified of any variation to the Hours of Use by a notice in writing and/or a notice prominently displayed at the Carpark and/or a notice posted on the Tournament Parking website (http://www.tournament.co.nz) at TPL’s absolute discretion.

4.4. The Account Holder shall not make any Claim against TPL regarding any variation to the Hours of Use.

5. Permitted Use

5.1. The Account Holder agrees that the Carpark shall be used by the Account Holder for the sole purpose of parking one Vehicle within a single Bay, or otherwise as directed by TPL, and for no other purpose.

6. Unreserved / Reserved Parking

6.1. The Schedule specifies whether the Account Holder’s parking is "Unreserved" or "Reserved".

6.1.1. If the Account Holder’s parking is "Unreserved" the Account Holder may park in any available Bay within the Carpark, except a Bay that is indicated as being unavailable (e.g. a reserved customer's Bay / a tenant’s Bay / a ‘NP’ (no-parking) bay / a ‘LM’ (Les Mills) bay etc).

6.1.1.1. Wrongfully parking in a Bay that is indicated as being unavailable will result in the Account Holder’s Vehicle being relocated and/or towed and/or clamped and/or an infringement notice issued.

6.1.2. If the Account Holder’s parking is "Reserved" the Account Holder shall park in the Bay(s) allocated to the Account Holder in the Schedule, and in no other Bay(s), unless otherwise directed by TPL.

6.1.2.1. Failure to park in the Account Holder’s allocated Bay(s) will result in the Account Holder’s Vehicle being relocated and/or towed and/or clamped and/or an infringement notice issued.

6.1.3. TPL will endeavour to keep one Unreserved Bay (for "Unreserved" parkers) or the Account Holder’s allocated Reserved Bay(s) (for "Reserved" parkers) clear of other vehicles and available for use by the Account Holder during the Hours of Use. If at any time, however, this does not occur, the Account Holder must notify TPL immediately by telephone. TPL will then, at TPL’s option:

6.1.3.1. Arrange for the wrongfully-parked vehicle to be relocated or towed; or

6.1.3.2. Make a replacement Bay available to the Account Holder within the Carpark; or

6.1.3.3. Make a replacement Bay available to the Account Holder within an alternative and proximate TPL Carpark; or

6.1.3.4. Arrange for the Account Holder to use a replacement Bay at an alternative (non-TPL) Carpark nominated by TPL and reimburse the Account Holder for the cost of ‘casual’ parking at this alternative (non-TPL) Carpark for one day (maximum of 12 hours).

6.1.4. The remedies set out in clause 6.1.3 shall be the Account Holder’s exclusive remedies. If an Unreserved Bay is unavailable (for "Unreserved" parkers) or the Account Holder’s Reserved Bay(s) is/are unavailable (for "Reserved" parkers), as the case may be, the Account Holder shall not be entitled to any other form of compensation.

6.1.5. TPL reserves the right to relocate the Account Holder’s vehicle within the Carpark at any time without notice and for any reason whatsoever, including by reason of the fact that the Account Holder’s vehicle is not parked in accordance with the terms and conditions of this Licence Agreement.

7. Access Control

7.1. Upon payment in full of the Total Initial Payment and receipt by TPL of an original, signed Direct Debit Authorisation from the Account Holder, TPL shall provide the Account Holder with one Access Card per Bay and/or one ID Card per Bay.

7.2. A record of the Account Holder’s Access Card and/or ID Card numbers and corresponding parker details must be maintained by the Account Holder and made available to TPL immediately upon request.

7.3. If an ID Card is provided by TPL, it must be correctly displayed in the Account Holder’s Vehicle windscreen window at all times. To be correctly displayed, an ID Card must:

7.3.1. Be adhered to the inside of the Account Holder’s vehicle-windscreen (in the adhesive plastic pocket provided); and

7.3.2. Be displayed with the Carpark-details-side facing outwards (i.e. the side recording the name of the Carpark, details of the parker, barcode etc); and

7.3.3. Be displayed so that all of the ID Card details are clearly visible from the outside of the Account Holder’s Vehicle.

7.4. Failure to correctly display the Account Holder’s ID Card will result in the Account Holder’s Vehicle being relocated and/or towed and/or clamped and/or an infringement notice issued.

7.5. The Account Holder must display a valid ID Card at all times. An ID Card is invalid if it has been:

7.5.1. Withdrawn from circulation; and/or

7.5.2. Expired; and/or

7.5.3. Replaced by TPL.

7.6. If the Account Holder displays an invalid ID Card at any time, the Account Holder shall immediately be liable for Licence Fee from the date upon which the ID Card was invalidated plus an Invalid ID Card Fee. In addition, the Account Holder’s Vehicle will be relocated and/or towed and/or clamped and/or an infringement notice issued.

7.7. If an Access Card is provided by TPL, it must be used sequentially for one entry followed by one exit. The Account Holder must not enter or exit the Carpark without making use of the Account Holder’s Access Card (by, for example, pulling a paper ticket at entry in order to gain entry to the Carpark). Doing so will immediately cause the Account Holder’s Access Card to become “out-of sequence”. If the Account Holder’s Access Card is found to be “out-of-sequence”, the Account Holder will immediately become liable for a Re-sequencing Fee.

7.8. Only the Access Card and/or ID Card issued by TPL are valid. The Account Holder’s Access Card and/or ID Card must not be copied or altered in any way at any time. Should the Account Holder’s Access Card and/or ID Card be copied or altered in any way, the Account Holder’s Vehicle will be relocated and/or towed and/or clamped and/or an infringement notice issued. In addition, the Account Holder shall immediately become liable to pay a Fraudulent ID/Access Card Fee.

7.9. If the Access Card and/or ID Card issued to the Account Holder is lost, stolen or damaged, the Account Holder shall:

7.9.1. Immediately notify TPL in writing, specifying the number(s) of the relevant Access Card(s) and/or ID Card(s); and

7.9.2. Be required to park as a "casual" parker in the Carpark, or in an alternative carpark nominated by TPL, for a maximum of five (5) working days until the Account Holder’s Access Card and/or ID Card can be replaced or repaired; and

7.9.3. Be liable to TPL for any Loss, Costs or Damage incurred by TPL as a result of the use of the lost, stolen or damaged Access Card and/or ID Card, prior to the time the Account Holder notified TPL that it had been lost, stolen or damaged.

7.10. If an Access Card is found to be damaged due to an equipment malfunction for which TPL is responsible, TPL will reimburse the costs incurred by the Account Holder under clause 7.9.2 above.

7.11. If the Access Card and/or ID Card is found to be lost, stolen or damaged for any reason other than that specified in clause 7.10 above, TPL will not reimburse the costs incurred by the Account Holder under clause 7.9.2 above. Further, the Account Holder shall immediately forfeit any Bond that has been paid and shall immediately become liable for an additional Access Card Bond and/or an additional ID Card Fee.

7.12. Once an Access Card and/or ID Card is reported to be lost, stolen or damaged, the Account Holder must not attempt to make use of that card again. If the Account Holder falsely reports an Access Card and/or ID Card to be lost, stolen or damaged, or attempts to make use of an Access Card and/or ID Card that has been reported lost, stolen or damaged the Account Holder shall immediately be liable for Licence Fee from the date upon which the ID Card was invalidated (i.e. reported to be lost, stolen or damaged) plus a False Report Fee. In addition, the Account Holder’s Vehicle will be relocated and/or towed and/or clamped and/or an infringement notice issued.

7.13. Should the Account Holder, for any reason, be unable to display the Account Holder’s ID Card and/or use the Account Holder’s Access Card at the Carpark on any given day, the Account Holder is required to park as a “casual parker” for that day and pay the casual parking fee displayed at the Carpark. Failure to do so will result in the Account Holder’s Vehicle being relocated and/or towed and/or clamped and/or an infringement notice issued. No refund will be made for any "casual" parking fees paid by the Account Holder or any towing / clamping or infringement costs incurred by the Account Holder. If the Carpark is un-staffed, access to the Carpark will not be available to the Account Holder without the Account Holder’s Access Card and/or ID Card.

7.14. Should the Account Holder’s Access Card and/or ID Card be used in a manner that permits, or attempts to permit, a Vehicle plus any "additional vehicle" into or out of the Carpark ("piggy-backing"), the Account Holder and the user of the additional vehicle, may be relocated and/or towed and/or clamped and/or an infringement notice(s) issued. In addition, both the Account Holder and the user of the additional vehicle shall immediately become liable for an Anti-Passback Administration Fee. Should TPL be unable to recover the Anti-Passback Administration Fee from the user of the additional vehicle, this Fee shall be recoverable directly from the Account Holder upon demand.

7.15. All Access Cards and/or ID Cards remain the property of Tournament Parking Limited at all times.

7.16. Upon termination of this Licence, the Account Holder must return all Access Card(s) and/or ID Card(s) to TPL within two (2) working days of the Account Holder’s final day of parking (i.e. within two (2) working days of the expiration of the Period of Notice Required to Terminate). Should the Account Holder fail to return all Access Card(s) and/or ID Card(s) to TPL within two (2) working days of the Account Holder’s final day of parking, or should the Account Holder continue to use Access Card(s) and/or ID Card(s) after the expiration of the Period of Notice Required to Terminate, the Account Holder shall continue to be liable for the Monthly Licence Fee until such time as all Access Card(s) and/or ID Card(s) are properly returned to TPL. In addition, the Account Holder will immediately forfeit any Bond paid and will also incur additional Non-Returned Card(s) Fees.

7.17. All requests for Bond-refunds must be made to TPL in writing and shall be in the Form prescribed by TPL.

8. Additional Bays

8.1. Any request for an additional Bay(s) must be made to TPL in writing and the Account Holder shall pay any additional Access Card Bond(s) and/or ID Card Fee(s) corresponding to any additional Bay(s) requested.

8.2. The terms of this Licence shall also apply to any additional Bay(s) requested.

9. Right to Substitute

9.1. TPL may, at TPL’s absolute discretion and at any time, substitute the Bay(s) allocated to the Account Holder in the Schedule with an alternative Bay(s) by giving the Account Holder notice to this effect. Upon receipt of such notice, the Account Holder shall immediately relocate to the newly allocated Bay(s).

9.2. The Terms and Conditions of this Licence (excepting any necessary amendments to Bay Number(s)) shall thereafter remain unchanged and continue to apply.

9.3. The Account Holder shall not make any Claim against TPL regarding any variation to the Bay(s) allocated to the Account Holder.

10. Carpark Transfer

10.1. Subject to clause 10.2, should the Account Holder, at any time, be transferred by TPL to an alternative TPL Carpark, the Terms and Conditions of this Licence shall thereafter remain unchanged and continue to apply for the term of this Licence.

10.2. Clause 10.1 shall be subject to any necessary amendment to the Carpark Name, Licence Fee, Bay Number, ID Card number and/or Access Card number. In addition, upon the date of the Account Holder’s Transfer to an alternative TPL Carpark, the Minimum Term specified in the Schedule shall begin again, commencing from the date upon which the Account Holder begins parking at Carpark to which the Account Holder has been transferred.

11. No Security

11.1. TPL cannot guarantee the security of any person or any property (including, but not limited to, any vehicle and/or its contents and/or accessories) in or on or about the Carpark.

11.2. TPL shall not be liable to the Account Holder, or to any other person or Entity, for any Loss or Damage sustained or incurred by the Account Holder or any other person or ENTITY (including, but not limited to, any LOSS OR DAMAGE CAUSED TO ANY vehicle and/or its contents and/or accessories) in or on or about the Carpark.

12. No Safe Custody

12.1. TPL shall not at any time accept any item of property into TPL’s custody for safekeeping.

12.2. In the event that any item of property is accepted into TPL’s custody and that item is subsequently lost or damaged, TPL shall not be liable to the Account Holder or to any other person or Entity for the Loss or Damage sustained.

13. Disclaimer of Liability

13.1. TPL shall not be liable to the Account Holder or to any other person or Entity for any direct or indirect Loss or Damage or Costs (including legal costs) sustained or incurred as a result of any breach of TPL’S service obligations under this Licence, tort or negligence, even if TPL has been notified of the likelihood of such Loss or Damage or Costs.

14. Compliance with all instructions, signage and Conditions of Entry

14.1. The Account Holder shall comply at all times with all instructions of any on-site personnel and all directions, rules, and Conditions of Parking notified to the Account Holder and/or displayed at the Carpark from time to time.

15. Conduct

15.1. The Account Holder shall not, at any time, obstruct any vehicle or any other person using the Carpark or obstruct the entrance to or the exit from the Carpark. Should the Account Holder, at any time, cause any obstruction, the Account Holder shall immediately incur and become liable for a Misconduct Fee. Further, TPL may, at the Account Holder’s cost, have the Account Holder’s Vehicle and/or the obstruction relocated and/or forcibly removed from the Carpark and impounded until all outstanding Licence Fee and any other applicable Fees, Bonds and/or Costs have been paid by the Account Holder.

15.2. The Account Holder shall not drop any rubbish or debris or allow the Account Holder’s Vehicle to emit any substance (including, but not limited to, engine oil) onto the Carpark. Should the Account Holder fail to comply with this clause, the Account Holder shall immediately incur and become liable for a Damage-to-Carpark Fee.

15.3. Should the Account Holder require any vehicle to be relocated within, or towed from, the Carpark for any reason whatsoever, the Account Holder shall contact TPL directly by telephone or in writing. The Account Holder shall not, under any circumstances, instruct any person or Entity to relocate, tow, clamp, or otherwise move or remove any vehicle from the Carpark without TPL’s prior written consent.

16. Fitness of Vehicle

16.1. The Account Holder shall ensure that the Account Holder’s Vehicle has a current warrant of fitness, motor vehicle registration, is roadworthy, is able to be driven under its own power, and does not present any danger or risk to any other vehicle, person, property or the Carpark generally, at all times. Should the Account Holder fail to comply with this clause, the Account Holder shall immediately incur and become liable for a Vehicle-Unfitness Fee. Further, TPL may, at the Account Holder’s cost, have the Account Holder’s Vehicle relocated and/or clamped and/or removed from the Carpark and may impound the Account Holder’s Vehicle until all outstanding Licence Fee and any other applicable Fees, Bonds and/or Costs have been paid by the Account Holder.

17. Liability for Damage to Carpark

17.1. Should the Account Holder, or the Account Holder’s Vehicle or property, at any time, cause any Loss or Damage to the Carpark and/or any property located on or about or surrounding the Carpark, the Account Holder shall immediately become liable to TPL for the amount of this Loss or Damage. The Account Holder shall pay the amount of this Loss or Damage to TPL in full, without any discount, deduction, set-off, or adjustment, immediately upon demand. This amount shall be recoverable by TPL in the same manner as unpaid Licence Fee.

18. Indemnity

18.1. The Account Holder agrees to fully indemnify TPL in respect of any Claim made against TPL, for any physical, direct, or indirect Damage, Loss or Costs (including legal and lawyer/client costs) arising from the Account Holder’s use of the Carpark or the Account Holder’s inability to use the Carpark.

19. Non-compliance

19.1. Should the Account Holder fail to properly pay any Licence Fee, other Fee, Bond or Costs or to comply with any clause of this Licence, the Account Holder is in breach of this Licence and TPL shall be entitled, at tpl’s absolute discretion, to:

19.1.1. recover any amount of Licence Fee, other Fee, Bond or Cost by charging the amount of the outstanding Licence Fee, other Fee, Bond or Cost to the credit card number the Account Holder has provided to TPL; and/or

19.1.2. recover any amount of Licence Fee, other Fee, Bond or Cost by initiating a one-off direct debit in the amount of the outstanding Licence Fee, other Fee, Bond or Cost from the bank account number the Account Holder has provided to TPL; and/or

19.1.3. immediately forfeit any Bond the Account Holder has paid; and/or

19.1.4. arrange for the Account Holder’s Vehicle to be relocated and/or clamped and/or or towed and retain possession of the Account Holder’s Vehicle until all outstanding payments have been made; and/or

19.1.5. deactivate any Access Card(s) and/or ID Card(s) provided to the Account Holder, thereby restricting the Account Holder’s access to the Carpark, until all outstanding payments have been made (for the avoidance of doubt, any such de-activation shall not terminate this Licence); and/or

19.1.6. charge the Account Holder liquidated damages by issuing to the Account Holder an infringement notice; and/or

19.1.7. impose on the Account Holder a Fee for TPL’s Costs in recovering any outstanding amount plus any debt collection agency charges; and/or

19.1.8. immediately terminate this Licence.

19.2. In exercising its remedies under clauses 19.1.1 – 19.1.8 (above) TPL shall not be liable to the Account Holder or any other person or Entity for any clamping, towing and/or infringement charges incurred by the Account Holder, or any other incidental costs incurred, including but not limited to, taxi fares and/or lost income.

19.3. Should TPL retain possession of the Account Holder’s Vehicle under clause 19.1.4 for a period of thirty (30) days or more, TPL shall be entitled, at TPL’s absolute discretion, to sell the Account Holder’s vehicle and recover from the proceeds of sale any outstanding Licence Fee, other Fee, Bond, Costs, as well as the cost of storing and selling the Account Holder’s vehicle.

19.4. The Account Holder’s liability for arrears of Licence Fee, other Fees, Bond and/or Costs, and any additional costs, shall subsist notwithstanding that TPL may immediately terminate this Licence pursuant to clause 19.1.8.

20. Termination

20.1. Notwithstanding any other clause of this Licence, TPL may terminate this Licence at any time, and for any reason whatsoever, by providing the Account Holder with one month's written notice of termination.

21. No Transfer / Assignment

21.1. The Account Holder shall not directly or indirectly transfer, assign, sublicence or otherwise dispose of the Account Holder’s rights or obligations under this Licence without TPL’s prior written consent.

21.2. For the avoidance of doubt, but without limiting the generality of clause 21.1, the Account Holder must not allow any other person to use the Account Holder’s Access Card(s) and/or ID Card(s) at any time. Failure to comply with this clause will result in the Account Holder’s Vehicle and the vehicle of the person using the Account Holder’s Access Card(s) and/or ID Card(s) being relocated and/or clamped and/or towed and/or infringement notices issued and/or Improper-Transfer Fees imposed.

22. No lease

22.1. The Account Holder is not entitled to any tenancy, leasehold or other interest in the Carpark.

23. No caveat

23.1. The Account Holder shall not register any caveat in relation to the rights granted to the Account Holder under this Licence.

24. Statutory rights / remedies

24.1. Nothing in this Licence is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by that Act.

24.2. When the Account Holder uses the Carpark for business purposes, the Consumer Guarantees Act 1993 shall not apply.

25. Survival

25.1. Every clause in this Licence survives to the extent unfulfilled, and remains enforceable and does not merge, on performance of another provision.

26. Waiver

26.1. No delay or failure to act is a waiver.

26.2. No waiver is effective unless in writing.

26.3. A waiver of a breach is not a waiver of any other breach.

27. No reliance upon representations

27.1. The Account Holder acknowledges that any representations, statements or opinions made or expressed by TPL employees are not relied upon by the Account Holder in entering into this Licence.

28. Force majeure

28.1. TPL are not liable for any failure or delay in performing any obligation in this Licence if it is due to a cause reasonably beyond TPL’s control.

29. Personal Information

29.1. Pursuant to the Privacy Act 1993, the following is brought to the Account Holder’s attention:

29.1.1. The application form(s) the Account Holder have completed collect personal information about the Account Holder for the purposes of providing a carparking account, administration of that account, and for the purposes of providing ongoing information about TPL’s products and services.

29.1.2. The intended recipient of the information is Tournament Parking Limited.

29.1.3. The information is being collected by and is held at Tournament Parking Limited, Level 1, 2 Heather Street, Parnell, Auckland.

29.1.4. Failure to provide this information may result in the Account Holder’s application being declined.

29.1.5. The Account Holder has rights of access to, and may request the correction of personal information about the Account Holder held by Tournament Parking Limited.

29.1.6. TPL reserves the right to require payment of a reasonable charge (an Information Administration Fee) for making such information available, having regard to the cost of labour and materials involved.

29.2. The Account Holder agrees to immediately advise TPL in writing of any change of name, address, contact details and incorporation status (where relevant).

29.3. The Account Holder agrees that TPL can obtain information about the Account Holder (and where this application is made by a limited liability company, trust, incorporated society or partnership, the directors, trustees, elected officials and partners specified below), from any other person or Entity in the course of TPL’s usual business activities and the Account Holder authorises any person or Entity holding information about the Account Holder and specified directors, trustees, elected officials and partners (where applicable), to provide TPL with such information as TPL may require in response to enquiries that TPL might make regarding creditworthiness.

29.4. The Account Holder agrees that TPL can give any information TPL have about the Account Holder (and where this application is made by a limited liability company, trust, incorporated society or partnership, the directors, trustees, elected officials and partners specified below) to any debt collection agency or any other person or Entity in the course of TPL’s usual business.

30. Notices

30.1. Any notice which the Account Holder is required to give TPL must be in writing and should be delivered or posted or sent by facsimile or email to TPL at the address or number set out on the front of this Licence, unless TPL advises the Account Holder otherwise in writing.

30.2. Any notice which TPL is required to give the Account Holder will be delivered or posted or sent by facsimile or email to the Account Holder’s street or postal address or facsimile number or email address set out on the front of this Licence, or posted at the Carpark or on the TPL website at http://www.tournament.co.nz.

30.3. Where notice of a matter is required to be given a certain number of days in advance under this Licence, notice will be treated as having been given:

30.3.1. if delivered, on the date that it is delivered; or

30.3.2. if posted by mail, two working days after being put in the post; or

30.3.3. if sent by facsimile, when the sender received a confirmation of fax at the end of transmission; or

30.3.4. if posted on http://www.tournament.co.nz, as soon as the information becomes "live" on the website.

31. Persons Signing on The Account Holder’s Behalf

31.1. The person signing this Licence on the Account Holder’s behalf, in doing so, represent that he or she has the authority to bind the Account Holder to the terms of this Licence.

32. Confidentiality

32.1. The Account Holder agrees to keep the terms of this Licence strictly confidential and shall not disclose its terms to any person or Entity without TPL’s prior written consent.

33. Words Used in this Agreement

33.1. To avoid any confusion as to the meaning of these conditions:

33.1.1. “Bay”, "Commencement Date", "Hours of Use", "Licence Fee", "Minimum Term", "Period of Notice Required to Terminate", and "Total Initial Payment" mean the bay, carpark, commencement date, hours of use, licence fee, minimum term, period of notice required to terminate and total initial payment respectively, set out in The Schedule to this Licence.

33.1.2. “Carpark” means the Carpark named in the Schedule and includes all bays, security or access devices, any buildings or structures on the carpark, and the surrounding driveways and fences.

33.1.3. “Claim” includes any claim for damage, loss, compensation, demand, remedy, liability or action.

33.1.4. “Costs” includes any fees, charges or costs incurred, including, but not limited to, costs on a solicitor/client basis and debt collection agency costs.

33.1.5. “Damage” includes direct, indirect, consequential and special damage.

33.1.6. “Entity” includes a corporation sole and also a body of persons, whether corporate or unincorporated.

33.1.7. "Loss" includes direct, indirect and consequential loss and includes economic loss and lost revenue.

33.1.8. “Vehicle” means a passenger car in the ordinary sense of the word, and includes a station wagon, van, ute or four wheel drive vehicle, and includes any accessories or contents of such a motor vehicle. The term does not include a light or heavy truck, a trailer, a caravan or a motorbike.

33.1.9. “TPL” means Tournament Parking Limited and includes any of its employees, agents and independent contractors.

33.1.10. “The Account Holder” means the person or entity named as the “Account Name” in the Schedule and having signed the “Declaration” in the Schedule, and/or is the registered owner of the Vehicle specified in the Schedule by reference to Licence Plate #.

34. Variation of Terms and Conditions

34.1. TPL may vary the terms and conditions of this Licence by giving the Account Holder notice which specifies the new terms and conditions, at least fourteen (14) days prior to the effective date.

34.2. Such notice will be posted to the Account Holder in writing and/or posted at the Carpark and/or posted on the Tournament Parking website (http://www.tournament.co.nz) at TPL’s absolute discretion.

34.3. If the Account Holder does not wish to use the Carpark after the change of terms and conditions, the Account Holder must notify TPL in writing. This Licence will terminate at the end of one month after the date of the Account Holder’s notice in writing. If no such notice is given, the new terms and conditions will be effective from the date specified in the notice given under subclause 34.1.