Terms and Conditions - Australia

By opening a Verrus account or otherwise contracting with Verrus by using a mobile phone from within Australia your contract and account will be in English and will be with Dalgeddes Pty Ltd trading as Verrus, a company acting as an agent for Verrus Mobile Technologies Inc ("Verrus Inc"). These Terms and Conditions together with the Privacy Policy will apply to your contract. The technical steps required to conclude the contract are that you complete the registration process (by phone or on the website) and receive from us a confirmatory email or SMS (text) message.

In the event that you make an error in submitting information to us to open an account you will, prior to the contract being concluded, be able to correct such errors by correcting it on-line pre registration or by accessing your account post registration.

Verrus is only providing customers with a way of paying parking charges - it does not provide the parking and any liability for anything wrong with the parking is not Verrus' responsibility but that of the parking place/operator in question.

The following terms and conditions govern your account and contract with Dalgeddes Pty Ltd trading as Verrus. Any queries, concerns or complaints that you have should be addressed to the relevant parking operator, whose contact details will appear at your relevant parking location. If you have any questions about your direct contract with Dalgeddes Pty Ltd trading as Verrus please email abird@verrus.com. Our Privacy Policy is considered a part of the agreement contained in these terms and conditions.

We may assign, sub-contract or otherwise transfer our rights under your contract to Verrus Inc at any time without your prior consent.

The duration of the contract will be indefinite provided that the parties may cancel the contract as set out herein.

Subject to any express provisions in these Terms and Conditions, including Clause 16, you can remove yourself (your account details) from the Verrus website at any time and we may likewise remove you or terminate your account at any time subject to the provision of any pre-paid services.

A copy of the contract will be filed by us for a period of 5 years from the date on which your account was opened and will be accessible on written request.

1. Terms & Conditions for Verrus' Parking Service

By opening or using a wireless parking account with Verrus (the "Account") which will occur when your registration by mobile phone or by use of the Verrus website is complete and confirmed to you, your agreement will be concluded and become binding and you agree to be bound by these terms and conditions including the Verrus web site Terms at www.verrus.com, a site owned and controlled by Verrus Inc and the terms of our Privacy Policy, which govern your use of the Account. Please read this agreement carefully and keep it for future reference.

In these terms and conditions, the following terms have the meanings indicated below:

• "Account" or "account" means all Verrus wireless parking service accounts opened by you or on your behalf on the Verrus Website (www.verrus.com) or by calling the Verrus Customer Care Center,
• "facility operator" means the operator of a parking facility using the Verrus service,
• "service" means the service offered by Verrus allowing you to pay for parking at participating parking companies or operators by using your phone pursuant to these terms and conditions,
• "Verrus", "we", "us", and "our" mean Dalgeddes Pty Ltd trading as Verrus, along with our successors, affiliates or assigns including, without limitation, Verrus Inc,
• "Verrus website" means the website owned and controlled by Verrus Inc as well as any successor to such site, currently located at www.verrus.com,
• "you" and "your" means the person(s) who have established the Account and your permitted successors as assigns, and
• "your phone" refers to the cellular or other phone you have enabled to use the Account.

2. Account Information

A copy of these terms and conditions will be displayed on the Verrus website until such time as amended or the contract terminated.

You may change your Account profile at any time by accessing your personal account (Account) on the Verrus website. You agree to provide us with your valid registration information, including, without limitation, your contact information. You may not impersonate or misrepresent your identity to us. It is your responsibility to review and revise your Account information so that it is accurate and current at all times. You further agree to comply with all international, state or local restrictions that may be applicable to your registration with us. We reserve the right to terminate your Account if your Account contains any incorrect or untruthful information. You are solely responsible for use of your Account and you agree to notify us immediately in the event of an unauthorized use of which you are aware.

3. Using your Account

Purpose

You can use the Account to pay for parking at any parking facility within the Australia and elsewhere that uses the Verrus service. You can access account balances and review your recent account history at the Verrus website (www.verrus.com).

Use of Account, Password, PIN and your Mobile Phone

During the process of opening an Account you will enter a confidential Personal Identification Number (PIN) which subject to Verrus checking/approval activates the Account. The contract will be concluded in Australia. You will also provide us with the number of your phone which will provide access to the Account. The Account and PIN are provided for your use and protection.

You agree:

• Not to disclose the PIN and not to record it on your phone or otherwise make it available to anyone else.
• To use the Account, the PIN and, so far as such use relates to the Account, your phone as instructed or authorized by these terms and conditions.
• To promptly notify us of any loss, unauthorized use or theft of your Account, or PIN or phone
• You are liable for any transactions made by a person you authorize or permit to use your Account and/or PIN and/or phone. If you permit someone else to use the Account, we and the facility operator will treat this as if you have authorized this person to use the Account and you will be responsible for any transactions initiated by such person in relation to the Account

4. Pricing, Payment and Refunds and Taxes

Payments for service shall be made by you in the currency of the country where the parking facility is located (i.e., Australian Dollars). Prices and service charges paid shall be at the price posted at the parking facility on the date and at the time of service. Service charges (prices) may vary from location to location and may be varied periodically by those third parties and certain locations may or may not allow for early cancellation of a booked parking session and a refund or for text reminders - where these are allowed for additional service charges may be levied.

Each time you use the Account, the amount of the transaction, including applicable taxes and service charges, will be charged to the credit/debit card used to open the Account. We will inform you during the payment process of the amount to be charged for a particular transaction. You authorize Verrus to charge your credit/debit card for such amounts each time the service is used.

GST, where applicable, will be calculated based upon the location of the parking facility. For detailed information on the GST collected or charged for each use of the Account, see your online statement on the Verrus website.

5. Service Charges

These will be as posted at the appropriate location from time to time

A chargeback fee of $15.00 may be debited from your Account if an attempt to charge your Account is rejected for insufficient funds available on your credit card, for cancellation of your credit card or otherwise.

6. Verification of Transactions

Details of your transactions will be available in real time subject to any website down-time etc on your online statement on the Verrus website. You can access and print from the Verrus website a periodic statement of the Account at any time. Your statement will be available to you in electronic format for viewing and printing online at www.verrus.com. You may review one year's worth of transactions online at any time. In the event that you elect to revoke consent to receive statements electronically, we reserve the right to terminate the Account.

Closure of Account/termination of contract: Verrus may in its discretion close your Account and terminate your contract at any time provided that this will not affect any parking services that you have already paid for and this will not affect any of your rights or any of Verrus' obligations that are in existence at the time of termination. On termination you will remain liable for any amounts owing to Verrus and any accrued interest or costs.

7. Failure to Complete Transactions

We and the facility operators accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are not sufficient funds available on your credit card or otherwise.

8. Disclaimer of Service Level Guarantees and Warranties

NOTE THAT THIS SERVICE IS ONLY AVAILABLE IN SELECTED LOCATIONS AND MAY NOT BE AVAILABLE AT ALL TIMES AT ACTIVE LOCATIONS. While we will endeavor to provide the best possible service, there are limitations to mobile and payment technologies which may cause interruptions in service.

Technical problems (e.g. failures or interruptions) may prevent the service being provided. Dalgeddes Pty Ltd trading as Verrus will take reasonable steps to overcome any failure, interruption, fault, deficiency or the like. If Dalgeddes Pty Ltd trading as Verrus, despite taking reasonable measures the information and communication technology or Verrus website is infected by viruses or other harmful components then Dalgeddes Pty Ltd trading as Verrus will not be liable.

We will not be liable for losses suffered as a result of events beyond our reasonable control.

LIMITATION OF LIABILITY

Dalgeddes Pty Ltd trading as Verrus will only be liable for losses or damage that you suffer as a result of its negligence or breach of contract that directly cause such losses/damage, provided that in the event of any indirect or consequential loss Dalgeddes Pty Ltd trading as Verrus liability will be limited to the amount that is 10 times your relevant parking charge. Provided also that Verrus does not seek to exclude or limit liability for death or personal injury due to negligence.

9. Loss, Theft or Unauthorized Use

You are responsible for all authorized uses of your Account. If the card is a credit card and you have reported it lost to the credit card issuer applicable law may protect you from liability for unauthorized purchases.

You agree to tell us at once or as soon as possible if you believe that your Account has been used by an unauthorized person or in an unauthorized manner. Telephoning us as soon as possible is the best way to keep your possible losses down. If you believe that your phone has been stolen, or that someone has transferred or may improperly charged the account without your permission, email us at anzsupport@verrus.com.

If your phone or credit card has been reported lost or stolen, we may close the Account to keep your and our losses minimized.

10. Notice Containing Information About Your Right to Dispute Errors in respect only of non-payment

In case of errors in relation to payment/non-payment or questions about electronic or other transactions on the Account, please contact in the first instance the relevant parking operator at the numbers shown at the location.

For disputes that we (rather than a facility operator) are involved in, please contact us as soon as possible and, in any event, no later than 30 days after the transaction in question has been made available to you on the online statement.

The following information must be provided to us:

• Your name, user name and phone number or numbers used for the Account
• Description of the error or the transaction you are unsure about and explanation as clearly as possible of why you believe it is an error or why you need more information.
• So far as is ascertainable the monetary amount of the suspected error and/or other details of the dispute or issue.

If you tell us verbally, we may request that you send us your complaint or question in writing within 10 business days.

Generally, we will tell you the results of our investigation into your complaint/dispute within 10 business days (being days identified in Clause 13 below as being business days) after we hear from you or, otherwise as soon as reasonably possible and will endeavour to promptly correct any error. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will re credit your credit/debit card within 10 business days for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive written confirmation of your verbal notice within 10 business days, we will not re-credit your credit/debit card.

If there was no error, we will send you a written explanation within three business days, after we finish our investigation. You may ask for copies of documents that we used in our investigation.

11. Disclosure of Account Information to Third Parties

Please see our Privacy Policy.

12. Credit or Information Inquiries

You authorize us to make such credit, employment and investigative inquiries, as are permitted by applicable law, our Privacy Policy and as we deem appropriate in connection with the issuance and use of the Account. We can subject to applicable laws and our Privacy Policy furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.

13. Contact Information and Business Days and Hours

You will be responsible for the unauthorized use of the Account if you fail to notify us if you believe there has been an unauthorized use or access to your Account. If you believe that any of these events have occurred please immediately email anzsupport@verrus.com. Our business days are all days except Saturdays, Sundays and public holidays.

The address of our web site is www.verrus.com

14. Use of Mobile Phones While Driving Can be Illegal and Dangerous

PLEASE NOTE THAT OPERATING A MOBILE PHONE OR ANY OTHER DEVICE WHILE DRIVING CAN BE DANGEROUS and is, subject to certain conditions, illegal in Australia AND WE ADVISE YOU NOT TO USE THIS SERVICE WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD VERRUS HARMLESS FROM ANY OR ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS OR INJURY RELATED TO ILLEGAL USE OF THIS SERVICE OR THE ACCOUNT WHILE OPERATING ANY KIND OF VEHICLE.

You agree to abide by all applicable legislation in relation to your Account and these terms and conditions and any other terms of the contract.

15. License and Verrus Website Access

Solely for use in connection with the service, Verrus grants you a limited license to access and make personal use of the Verrus Website and its service. This license does not include any resale or commercial use of Verrus' service; any collection and use of any information, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to Verrus may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express the written consent of Verrus. Any unauthorized use terminates the permission or license granted by Verrus. You may not use any Verrus' logo or other proprietary graphic or trademark without Verrus' express written permission.

16. Amendment and Cancellation

We may at any time by giving at least 10 days prior written notice (posted on the Verrus website) change or repeal these Terms and Conditions. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. We may notify you of such change and provide to you any other notices by notice sent to the last electronic mail address you have provided to us and you specifically agree to be notified in this way. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement or any features or services of the Account described herein at any time. The Account remains our property.

You can notify us by e-mail at anzsupport@verrus.com

You may cancel this agreement by closing your Account on the Verrus website or by emailing us at anzsupport@verrus.com. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination. Termination of this agreement, howsoever arising shall not affect your accrued rights or Verrus' accrued obligations at the time of termination.

17. Applicable Law

By opening the Account, you agree that the laws of where you are based (evidenced by your Account details) in Australia apply to these Terms and Conditions and any dispute of any sort that might arise between you and Dalgeddes Pty Ltd trading as Verrus or its affiliates, as well as any of their successors and assigns. You agree to submit to the non-exclusive jurisdiction of the courts in relation to any dispute arising out of the agreement.

18. Trademarks

Unless expressly agreed otherwise Dalgeddes Pty Ltd trading as Verrus does not grant or transfer to you or any other person any Intellectual Property rights.

Verrus and other marks indicated on our site as being Verrus' marks are registered trademarks of Verrus Inc. or its subsidiaries in Canada, the United States and other countries. Other Verrus graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Verrus Inc. or its subsidiaries. Verrus' trademarks and trade dress may not be used in connection with any product or service that is not Verrus', in any manner that is likely to cause confusion among customers or consumers, or in any manner that disparages or discredits Verrus. All other trademarks not owned by Verrus or its subsidiaries that appear on the Verrus website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Verrus or its subsidiaries.

19. Other Terms

The Account and your obligations under this agreement may not be assigned. We may by prior written notice transfer our rights under this agreement at any time.

Use of the Account is subject to all applicable laws, regulations and to rules and customs of any payment processor, clearinghouse or other association involved in transactions.

We do not give up our rights by delaying or failing to exercise them at anytime.

If any of these terms and conditions or any term of the contract is found by a court to be illegal or not enforceable, all other terms will still be in effect.

• Dalgeddes Pty Ltd
• ABN 97 007 053 643
• Trading As
• 
• 69 New Street
• Brighton 3186
• AUSTRALIA