- If you enter this Car Park you enter into a contract with us on the following terms and condition (Terms). You means anyone entering this Car Park. We means Secure Parking Pty Limited ACN 108 043 689 ABN 31 669 236 037. You may leave the Car Park immediately after entering and without parking and if you do so this contract ends.
- You may park in the Car Park without any charge for the initial period displayed on signs in the Car Park (Free Period). A Free Period ends when the vehicle leaves the Car Park. You only have one Free Period each day. You must not allow the vehicle to stay in the Car Park longer than the Free Period. You must not without our specific authority park in an area marked “Reserved” or park contrary to the parking directions otherwise indicated. If you breach any of the obligations in this clause you must pay us $77.00 for each day or part of day that the vehicle remains in the Car Park including the day of the Free Period. You agree that this amount is a reasonable pre-estimate of damages arising from your breach.
- You must comply with all other rules and directions displayed within the Car Park and any directions given to you by our staff.
- The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted or modified. These Terms do not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified. However, to the extent permitted by the ACL and subject to any other legal restriction we exclude any terms, conditions, warranties, guarantees or other liability that might apply to us in respect of these Terms or anything done under them. For services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption we limit our liability, as permitted by the ACL, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again. Unless you acquire anything under these Terms as an individual and wholly or predominantly for personal, domestic or household use or consumption and we cannot exclude liability, we are not liable for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by us or our employees or agents.
- This contract does not affect any common law or statutory lien or other rights we have over the vehicle. You grant us a ‘security interest’ as defined in the Personal Property Securities Act 2009 Cth. in the vehicle to secure everything you owe us. We may retain possession of the vehicle until everything you owe us in respect of this contract has been paid. Amounts we claim will continue to accrue during the period that we retain the vehicle until we recover all amounts we can claim from you. If amounts due to us remain unpaid after 30 days, you agree that we can sell the vehicle and use the proceeds to pay the amounts you owe us and you agree to take all steps required by us to permit us to do so.
- We reserve the right for us and our contractors or agents to enter the vehicle and to move it if we decide reasonably that is necessary in an emergency, if it reasonably appears to us to be abandoned or if we reasonably consider it necessary for the safe or efficient operation of this Car Park. We may charge you a reasonable amount for moving the vehicle if the need to move it arises because you breach these Terms, appear to abandon the vehicle, or have caused obstruction or during the period of retention or sale for non-payment.
- You must pay for any damage caused by you or the vehicle to this Car Park including, but not limited to, any damage caused by oil or other substances which leak from the vehicle.
- You have the right to contact us to dispute any amount we claim against you. We will consider all disputes fairly and reasonably.
- You must indemnify us in respect of all losses, costs or expenses which we suffer or incur in respect of: (a) a breach of these Terms by you, including enforcing them; (b) the vehicle; or (c) your use of this Car Park. In the case of paragraphs (b) and (c) your liability to indemnify is reduced to the extent that any relevant expense is caused by our negligence or default. This clause does not affect any rights you have under the ACL or other law which cannot be excluded or modified.
The use of the word ‘Secure’ in our name and logo does not express or imply any warranty about the security of the Car Park.