Terms & Conditions

1.1. To use Spark, you must be at least 18 years old. If you are under 18, you may only use Spark with the consent and supervision of a parent or legal guardian.

1.2. By using Spark, you represent and warrant that you have the legal capacity to enter into a binding agreement with us.

2.1. You are responsible for maintaining the confidentiality of your login credentials and subscription details.

2.2. You must not share, sell, or transfer your Spark account or subscription to another person without our prior written consent.

2.3. You are responsible for all activity conducted through your account, whether authorised by you or not.

3.1. You agree to use Spark only in compliance with all applicable parking, traffic, and road safety laws.

3.2. Spark is provided as an informational service only. You remain solely responsible for checking signage, following council regulations, and making parking decisions.

3.3. You must not use Spark for any unlawful, fraudulent, or harmful purpose, or in any way that could damage, disable, or impair our services.

4.1. Spark subscriptions are provided for personal use only. You must not use Spark to operate a business, resale service, or commercial operation without our express written approval.

4.2. You must not attempt to overload, disrupt, hack, reverse-engineer, or otherwise interfere with Spark's systems, notifications, or AI tracking functions.

5.1. Spark provides notifications and information based on ranger patterns, AI predictions, and user data, but accuracy is not guaranteed.

5.2. You acknowledge and agree that:

• Notifications may be delayed, incomplete, or unavailable at times.
• Spark does not guarantee that you will avoid fines, penalties, or towing.
• You are solely responsible for ensuring that your vehicle is legally parked at all times.

1.1. Spark provides an informational service designed to notify users of potential parking ranger activity and patterns, based on available data and AI analysis.

1.2. We will take reasonable steps to maintain and update the Spark service, including our notification system, subscription platform, and AI-based features.

1.3. While we aim to provide timely and reliable information, we make no guarantee that the service will be uninterrupted, accurate, complete, or error-free.

2.1. Spark is not a substitute for obeying parking and traffic laws.

2.2. We do not guarantee that using Spark will prevent you from receiving parking fines, penalties, or other enforcement actions.

2.3. You remain solely responsible for ensuring that your vehicle is legally and safely parked at all times.

3.1. Spark may be subject to interruptions, delays, or downtime due to maintenance, technical issues, or circumstances beyond our control.

3.2. We are not liable for any loss or inconvenience arising from service interruptions, provided we take reasonable steps to restore access as soon as practicable.

4.1. We may, at our discretion, modify, update, or discontinue any aspect of Spark at any time without prior notice.

4.2. If we discontinue the subscription service entirely, you will be entitled to a refund for any unused portion of your subscription.

5.1. Spark may rely on third-party providers (such as payment processors, data services, or hosting platforms).

5.2. We are not responsible for the acts, omissions, or failures of any third-party providers we rely upon to deliver Spark.

1.1. Spark does not guarantee that you will avoid parking fines, penalties, towing, or other enforcement actions.

1.2. You are solely responsible for complying with all parking, traffic, and road safety laws.

2.1. Spark provides information only. You must not rely solely on Spark when deciding where or how to park.

2.2. We are not responsible for any decisions you make or actions you take based on Spark notifications, predictions, or information.

3.1. While we aim to provide useful and timely alerts, Spark does not guarantee the accuracy, reliability, or completeness of any data or notifications.

3.2. We are not responsible for delays, omissions, false alerts, missed alerts, or inaccurate predictions of ranger activity.

4.1. We are not responsible for any loss, damage, or inconvenience caused by interruptions, delays, errors, outages, or downtime of Spark.

4.2. We are not liable for failures caused by internet providers, mobile networks, device malfunctions, or third-party platforms.

5.1. Spark may integrate with or rely on third-party providers (such as payment processors, hosting services, or mapping data).

5.2. We are not responsible for any acts, errors, or failures of such third-party providers.

6.1. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages, including but not limited to:

• Loss of opportunity,
• Loss of income,
• Reputational damage, or
• Costs incurred from parking fines, penalties, or towing.

7.1. If Spark is found legally responsible for any claim, our total liability will be limited to the total amount you paid for your subscription in the month prior to the event giving rise to the claim.

1.1. Access to Spark's premium features, including instant notifications and AI-based ranger tracking, requires payment of a subscription fee.

1.2. The current subscription fee is AUD $4.99 per month, unless otherwise stated.

1.3. All fees are inclusive of applicable taxes unless otherwise specified.

2.1. Subscriptions are billed in advance on a recurring monthly basis unless cancelled.

2.2. By providing payment details, you authorise us (or our third-party payment processor) to charge your chosen payment method for subscription fees on a recurring basis.

2.3. Subscriptions will automatically renew at the end of each billing cycle unless cancelled by you before the renewal date.

3.1. We may, at our discretion, offer free trials or promotional discounts.

3.2. Unless otherwise stated, once a trial or promotion ends, standard subscription fees will apply.

4.1. You may cancel your subscription at any time through your account settings.

4.2. Cancellation will take effect at the end of your current billing cycle, and you will continue to have access to Spark premium until that date.

4.3. Subscription fees are non-refundable, except as required by law or where Spark chooses to provide a goodwill refund at its discretion.

5.1. Except as required by Australian Consumer Law, subscription fees are non-refundable once charged.

5.2. If Spark discontinues the subscription service entirely, you will be entitled to a pro-rata refund for any unused portion of your subscription.

6.1. If a payment fails or is declined, we may suspend or terminate your access to Spark until payment is successfully processed.

6.2. You are responsible for ensuring that your payment details are accurate and up to date.

1.1. Spark is provided on an "as is" and "as available" basis.

1.2. We make no representations, warranties, or guarantees, express or implied, regarding the operation, accuracy, availability, or reliability of Spark.

1.3. To the fullest extent permitted by law, all warranties, conditions, and representations are excluded.

2.1. Spark provides notifications and data for informational purposes only.

2.2. We do not guarantee that using Spark will prevent you from receiving fines, penalties, or towing, nor that ranger activity will always be accurately predicted.

2.3. You remain fully responsible for ensuring your vehicle is legally and safely parked at all times.

3.1. To the maximum extent permitted by law, Spark (including its founders, partners, employees, and affiliates) is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Spark.

3.2. This includes, without limitation:

• Parking fines, towing costs, or enforcement actions,
• Loss of opportunity, income, or business,
• Reputational damage, or
• Loss or corruption of data, device malfunction, or service interruptions.

4.1. Spark may rely on or integrate with third-party services, including but not limited to payment processors, mapping data, hosting providers, and mobile networks.

4.2. We are not responsible for the acts, omissions, errors, or failures of any third-party providers.

5.1. If Spark is found liable for any claim, our total liability will be limited to the total subscription fees you paid to us in the one (1) month immediately prior to the event giving rise to the claim.

5.2. This limitation applies even if we were advised of the possibility of such damages.

6.1. Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other law that cannot be excluded by contract.

6.2. Where such rights apply, our liability is limited to either:

• Re-supplying the service, or
• Refunding the subscription fee paid for the relevant period.

1.1. These Terms and your use of Spark are governed by and construed in accordance with the laws of New South Wales, Australia.

1.2. You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts, even if you are located outside NSW.

2.1. If you have a dispute or claim arising out of or relating to Spark, you agree to first contact us at support@sparksafeparking.com and attempt to resolve the matter informally.

2.2. We will use reasonable efforts to respond and resolve complaints within 30 days.

3.1. If a dispute cannot be resolved informally, both parties agree to attempt mediation before initiating formal legal proceedings.

3.2. Mediation will be conducted in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Mediation Rules or another agreed mediation process.

4.1. Any claim arising out of or related to Spark must be commenced within 12 months of the event giving rise to the claim. Claims outside this period are barred.

4.2. You agree that this time limit is reasonable and necessary to reduce the risk of disputes escalating or causing excessive costs.

5.1. You agree that any dispute with Spark must be resolved individually and not as part of a class or representative action.

1.1. By using Spark, you consent to the collection and processing of certain data, including but not limited to location data, device information, and usage patterns.

1.2. We use this data to operate, maintain, and improve Spark, including our notification and AI-based features.

2.1. We may share aggregated or anonymised data with third parties for research, analytics, or commercial purposes.

2.2. Personally identifiable information (such as your name, email, or payment details) will not be sold or disclosed to third parties without your consent, except as required by law.

3.1. By subscribing to or using Spark, you explicitly consent to our collection, processing, and use of your data in accordance with this section and our Privacy Policy.

3.2. You may access our full Privacy Policy for further information about your rights, including how to access, correct, or delete your data.

1.1. We may suspend or terminate your access to Spark at any time, without prior notice, if you breach these Terms or for non-payment of subscription fees.

1.2. Upon termination, your access to premium features and subscription benefits will cease immediately.

1.3. Termination does not affect any rights or obligations accrued prior to termination, including liability for subscription fees.

2.1. You may terminate your subscription at any time by following the cancellation process in your account settings.

2.2. Cancellation will take effect at the end of your current billing period, and you will continue to have access until that date.