Terms of Service

Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Total Parks Platform (as defined herein), you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms and Conditions, do not access or use the Total Parks Platform.

These terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to your use of any of the Total Parks Platform, sites and services to binding arbitration rather than a court. The binding arbitration provision also includes a class action waiver, which means that you agree to proceed with any arbitration individually and not as part of a class. It affects how disputes with Total Parks are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Total Parks. These Terms constitute a legal binding agreement ("Agreement") between you and Total Parks Pty Ltd ("Total Parks", "we", "our" or "us") and govern your access to and use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as "Materials"), the Total Parks website, including any subdomains thereof, and any other websites through which Total Parks makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, application program interfaces, emails, text messages, notifications, social media accounts, plug-ins, Downloadable Tools (as defined below) or other software (collectively, "Application") owned, operated or provided by Total Parks to provide our services, and all associated services (collectively, "Total Parks Services"), including any feature, content, tools and services accessible by means of the Site and Application. The Materials, Site, Application and Total Parks Services together are collectively referred to as the "Total Parks Platform". These Terms do not alter in any way the terms or conditions of any other agreement you may have with Total Parks for the Total Parks Platform (or any part thereof). If you are using the Total Parks Platform on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity's behalf, and that the entity agrees to be responsible to Total Parks if you violate these Terms.

Scope

The Total Parks Platform facilitates information discovery, communications and booking of park products and services. You may access and use the Total Parks Platform in accordance with these Terms. Please note that these Terms govern your use of the Total Parks Platform and any Total Parks Services we provide to you.

When using the features of the Total Parks Platform you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy, are hereby incorporated by reference into these Terms.

Your use of the Total Parks Platform is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Total Parks Platform thereafter. If you continue to access or use the Total Parks Platform following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Total Parks Platform. If you do not agree to the changed Terms, you must stop accessing or using the Total Parks Platform.

Additional terms and conditions will apply to your reservation of some overnight accommodations.

If you have any questions regarding the use of the Total Parks Platform, please email us at [email protected].

Privacy Policy

Please refer to our Privacy Policy, which also governs your use of the Total Parks Platform, to understand our practices, including how we collect, use and disclose personally identifiable information from our users. Our Privacy Policy is available at https://www.totalparks.com.au/privacy.

Device Usage Terms and Conditions

You acknowledge and agree that your use of the Total Parks Platform must also be in accordance with the usage rules established by your mobile device platform or service provider.

General Use

We invite you to use this Total Parks Platform for your individual purposes and not for the purposes of reselling ("Permitted Purposes").

Subject to these Terms, we grant you a limited, personal, nonexclusive and nontransferable license to use and to display the Materials and a limited, personal, nonexclusive and nontransferable right to access and use the Total Parks Platform following setup of an Account on any mobile device that you own or control. You have no other rights in the Total Parks Platform, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Total Parks Platform or the Materials in any manner. If you make copies of any portions of the Total Parks Platform while engaging in Permitted Purposes, then we ask that you be sure to keep the copies all of our copyright and other proprietary notices as they appear on the Total Parks Platform.

Subject to these Terms, we also grant you a limited, personal, nonexclusive, nontransferable license to download, install and operate any plug-ins, software, information or other content that we may from time to time have specifically identified within the Total Parks Platform as available for download solely in connection with accessing the Total Parks Platform ("Downloadable Tools").

The terms of the license will also govern any upgrades provided by Total Parks that replace and/or supplement the original Total Parks Platform, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Total Parks Platform available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Total Parks Platform (or any part thereof); (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Total Parks Platform (or any part thereof), any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Total Parks Platform. If you violate any of the foregoing restrictions, your right to use of the Total Parks Platform will immediately cease, and you will have infringed the copyright and other rights of Total Parks, which may subject you to prosecution and damages. Total Parks reserves all rights not expressly granted to you in these Terms.

In exchange for Total Parks providing you with access to the Total Parks Platform, you consent to Total Parks collecting and using technical data, personal information and related information in connection with your use of the Total Parks Platform, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Total Parks Platform and of software updates, product support and other services. You also consent to our communicating with you about the Total Parks Platform.

Total Parks does not warrant that the Total Parks Platform will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

The Total Parks Platform requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

Registration and Eligibility

To access certain areas and features of the Total Parks Platform, you may be required to register with Total Parks. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Total Parks Platform (the "Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Total Parks, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Total Parks. Total Parks is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Total Parks Platform. You are authorized by Total Parks to create and use one account only. Once you submit the required registration information, Total Parks alone will determine whether or not to approve your proposed account. You are under no obligation to use or continue to use the Total Parks Platform and may stop using the Total Parks Platform without notice to Total Parks.

Total Parks reserves the right to terminate any additional Accounts set up by you, and any Accounts that have been inactive for over 12 months.

For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access the Total Parks Platform, whether directly or through any account that you may setup through or on the Total Parks Platform. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Total Parks Platform as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Total Parks Platform. Should you believe your password or security for the Total Parks Platform has been breached in any way, you must immediately notify us.

Total Parks or our billing processors collect your billing information when you purchase products or services on the Total Parks Platform. All of this registration information is protected in accordance with our Privacy Policy.

You may not use the Total Parks Platform if you are under 18 years of age (or the age of majority in your jurisdiction). You must have the requisite power and authority to enter into these Terms. Persons under the age of majority are not eligible to use the Total Parks Platform and we ask that they do not submit any personal information to us.

You may not access or use the Total Parks Platform if you are a competitor of Total Parks or if we have previously banned you from the Total Parks Platform or closed your account.

Product Descriptions

Total Parks attempts to be as accurate as possible. If you have reason to believe that a product or service you purchased through the Total Parks Platform or other product or feature does not meet the claims advertised within the Total Parks Platform, you must contact Total Parks immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Park content, including images, are public domain or provided by the parks. Total Parks and its suppliers are not responsible for the accuracy of images or park content.

Total Parks shall always attempt to represent availability and rates accurately on its platform. However, Total Parks cannot guarantee the accuracy of information received from the parks, such as rates, applicable fees and applicable taxes. Each park agrees and acknowledges that it is solely responsible for inputting such information (including pricing) into the property management system that Total Parks will rely upon. Any errors or omissions with respect to such information (including without limitation rates, fees and taxes) which may result in a loss of revenue are solely the responsibility of such park. Total Parks will use commercially reasonable efforts to deliver accurate data during purchasing of the outdoor accommodations and additional goods and services provided by the property.

Bookings and Purchases

When you make a purchase using the Total Parks Platform you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the product or service, even if you are unable to complete the service. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Total Parks Platform. You are responsible for paying the park directly for any additional upgrades, service elections or other incidental charges you make once you are at the park.

Where applicable, our park suppliers determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the park. Tax rates and the type of taxes vary greatly by location.

For transactions involving parks located within certain jurisdictions, the charge to your debit or credit card for taxes and fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Fees

You agree to pay all applicable fees related to your use of the Total Parks Platform. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular utilized Total Parks Services.

All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Total Parks will have no liability to you arising out of the acts or omissions of such third parties.

BY PURCHASING PRODUCT(S) AND SERVICE(S), YOU CONSENT TO ALLOW TOTAL PARKS TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR PRODUCT(S) AND SERVICE(S). PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

Payment Collection and Disbursement

Where a park has elected for Total Parks to collect booking payments on its behalf, Total Parks acts as the park's disclosed collection agent for the purpose of accepting guest payments. The accommodation is supplied by the park, not by Total Parks. Total Parks collects the payment from the guest, deducts its service fee and any applicable processing fees, and remits the balance to the park's nominated bank account. Payment to Total Parks in its capacity as collection agent constitutes payment to the park for the accommodation booking. The park remains solely responsible for providing the accommodation and all services associated with the booking.

Third-Party Interactions

Your use of the Total Parks Platform and your contact, interaction or dealings with any third parties arising out of your use of the Total Parks Platform is solely at your own risk. The parks and other suppliers of Total Parks are independent contractors and not agents or employees of Total Parks. Total Parks is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these parks or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

Terminations

If you breach any of the terms or conditions of these Terms or Total Parks discontinues the Total Parks Platform, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Total Parks Platform and destroy or erase all copies of the Downloadable Tools in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the licenses described in the General Use section will not survive termination of these Terms. Any use of the Total Parks Platform after termination is unlicensed and is in violation of the copyright and other rights of Total Parks. Total Parks and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel bookings in our sole discretion.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Total Parks Platform. Total Parks reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your User Content (as defined below), usage history, posted materials, IP addresses and traffic information.

Intellectual Property

The Total Parks Platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, text, hypertext, content, images, graphics, logos, audio, and video. Your use of our Total Parks Platform does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. The Total Parks Platform is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of the Total Parks Platform is strictly prohibited. Your use of the Total Parks Platform does not grant you ownership rights of any kind in the Total Parks Platform.

Electronic Communications and Data Security

By using the Total Parks Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Total Parks Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Because Internet email typically is not secure, you should not include any confidential information in any email you send us. In addition, Total Parks cannot ensure and does not warrant the security of any information sent to us by you, and you do so at your own risk. Once Total Parks receives information from you, we will use commercially reasonable efforts to ensure its security but we do not accept liability for unintentional disclosure. Although Total Parks will in most circumstances be able to receive your email or other information provided through the Platform, Total Parks cannot guarantee that it will receive all such email or other information timely and accurately, and Total Parks will not be legally obligated to read, act on, or respond to any such email or other information.

Links to Other Content or Websites

The Total Parks Platform may contain links to third party content or websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within the Total Parks Platform does not constitute any endorsement, guarantee, warranty, or recommendation of such third party content or websites. Total Parks has no control over the legal documents and privacy practices of third party content or websites; as such, you access any such third party content or websites at your own risk.

User Content and Conduct

The Total Parks Platform includes forums and other interactive areas or services ("Interactive Areas") in which you or other users may (i) create, upload, post, send, receive, share or store content, materials, data, information, text, photos, audio, video and/or other materials and information on or through the Service ("User Content"); and (ii) access and view User Content and any content that Total Parks itself makes available on or through the Service, including proprietary Total Parks content and any content licensed or authorized for use by or through Total Parks from a third party ("Total Parks Content" and, together with User Content, "Collective Content"). You are solely responsible for your use of such Interactive Areas and the User Content you share. You hereby grant Total Parks a perpetual (or for the term of the protection), non-exclusive, worldwide, royalty-free, irrevocable, sublicensable and transferable license to (i) access, use, store, copy, adapt, modify, create derivative works from, distribute, publish, transmit, stream, broadcast, publicly display and otherwise exploit in any manner such User Content you post, upload or otherwise provide to Total Parks and (ii) use the name and profile picture associated with your User Content submission, in any media or platform, in each case without compensation to you. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. You acknowledge that Total Parks may choose to provide attribution of your User Content at our discretion.

You agree that you are solely responsible for all of your User Content and that any such User Content shall be considered both non-confidential and non-proprietary. If you use the Interactive Areas, you also understand that anyone could see your User Content. Total Parks does not endorse, nor are we required to pre-screen your User Content (although we might), and, like elsewhere on the Internet, User Content from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any User Content you have submitted.

By submitting any User Content, you are promising us that you own all rights in your User Content, your User Content does not infringe on the rights of others, your User Content does not violate law, and your User Content is not in poor taste.

You grant to us an irrevocable royalty-free license to copy, modify, publish and display your User Content, and to make, use and sell (and permit others to use) your User Content for any purpose (including, without limitation, to use your User Content on the Total Parks Platform).

You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Total Parks Platform any of the following:

User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;
Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Total Parks Platform;
Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Total Parks Platform without Total Parks's express written consent.

Total Parks takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Total Parks Platform. Total Parks will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Total Parks Platform. Your use of the Total Parks Platform, including any Interactive Areas, is at your own risk. Enforcement of the User Content and conduct rules set forth in these Terms is solely at Total Parks's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the User Content will not contain any content that is prohibited by these rules.

Unauthorised Activity

To be clear, we authorize your use of the Total Parks Platform only for Permitted Purposes. Any other use of the Total Parks Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Service. This is because as between you and us, all rights in this Website remain our property.

Unauthorized use of the Total Parks Platform may result in violation of various Australian and international copyright laws. Because we value our relationship with you, we want to give you examples of things to avoid. Unless you have written permission from us stating otherwise, you are not authorized to use the Total Parks Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Total Parks Platform;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Total Parks Platform or servers or networks connected to the Total Parks Platform or that could damage, disable, overburden or impair the functioning of the Total Parks Platform in any manner;
To use any data mining, robots, or similar data gathering or extraction methods in connection with the Total Parks Platform;
To attempt to gain unauthorized access to any portion of the Total Parks Platform or any other accounts, computer systems, or networks connected to the Total Parks Platform, whether through hacking, password mining, or any other means;
To use the Total Parks Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Total Parks Platform;
To collect any personally identifiable information about other users (except as specifically authorized by Total Parks);
To use the Total Parks Platform for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Total Parks;
To create an account, post any content, or otherwise use the Total Parks Platform if you are not at least 18 years of age (or the age of majority in your jurisdiction);
To circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Total Parks Platform or users of the Total Parks Platform or third-parties;
To infringe upon or violate the rights of Total Parks, our users or any third party;
To scrape, hack, reverse engineer, compromise or impair the Total Parks Platform;
To use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Total Parks Platform;
To hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Total Parks Platform or Content;
To decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Total Parks Platform;
To take any action that could damage or adversely affect the performance or proper functioning of the Total Parks Platform.

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Total Parks, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to your User Content, or the use thereof, including but not limited to allegations that any processing of your User Content by Total Parks and/or you violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your use of the Total Parks Platform, your violation of these Terms, or your violation of any law.

Advertisements and Promotions

Total Parks may run advertisements and promotions from third parties via the Total Parks Platform or may otherwise provide information about or links to third-party products or services via the Total Parks Platform. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Total Parks is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Total Parks advertisers or third-party information accessible via the Total Parks Platform.

Intellectual Property Infringement

We respect the intellectual property rights of others and encourage you to do the same. It is Total Parks's policy, in appropriate circumstances and at its discretion, to remove User Content that violate the intellectual property rights of others, and/or disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you believe your copyright or other intellectual property right is being infringed by a user of the Total Parks Platform, please provide written notice to our Copyright Agent for notice of claims of infringement at [email protected].

To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and email address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Copyright Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice. In response, you may provide our Copyright Agent with a written counter-notification that includes the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of Australia, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Total Parks Platform who is the subject of repeated infringement notifications.

Warranty Disclaimer

THE TOTAL PARKS PLATFORM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TOTAL PARKS PLATFORM IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE TOTAL PARKS PLATFORM, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE TOTAL PARKS PLATFORM IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Total Parks Platform will meet your requirements or that the Total Parks Platform will be uninterrupted, timely, secure, or error free or that defects in the Total Parks Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Total Parks Platform or as to the accuracy or reliability of any information obtained through the Total Parks Platform. No advice or information, whether oral or written, obtained by you through the Total Parks Platform or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

Limitation of Liability

TOTAL PARKS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE TOTAL PARKS PLATFORM OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE TOTAL PARKS PLATFORM. IN NO EVENT WILL TOTAL PARKS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

TOTAL PARKS'S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE TOTAL PARKS PLATFORM, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TOTAL PARKS IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) AUD $100.00.

Repeat Infringer Policy

In accordance with the applicable law, Total Parks has adopted a policy of terminating, in appropriate circumstances and at Total Parks's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Total Parks may also at our sole discretion limit access to the Total Parks Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

General Terms

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Total Parks Platform without prior notice to you. Except as otherwise set forth in the dispute resolution provisions, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Policy, contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Total Parks and you about the Total Parks Platform and its Total Parks Services. The rights of Total Parks under our Terms will survive the termination of our Terms.

Amendments to These Terms

We also recommend you regularly update to the most recent version of our Application, including mobile applications, to allow you to take advantage of new functionality and to ensure you have access to the most recent Terms of Service and promotional offer terms (changes thereto aren't viewable until you update the Application). You recognize that changes to the Terms of Service and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the Application. Your use of the Application, and failure to update to the most recent version, constitutes your agreement that Total Parks shall have no liability to you, and you release Total Parks, and its parent, officers, directors, employees and agents, from and against any liability, for any changes to the Terms of Service or promotional offers which were available but that which you were not aware of due to your failure to update the Application.

Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall remain in full force.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected].

Last Updated: 8th April, 2026