Customer Parking Only. This car park is private property and by entering you are agreeing to the Terms and Conditions set out below.
If you do not accept these Terms and Conditions you must leave the car park immediately. By entering this car park you also bind the owner of the vehicle and warrant your authority to do so.
We put you on the notice that an enforcement regime operates in this car park and we will issue a Breach Notice to any vehicle where you have failed to comply with the Terms and Conditions of this car park.
These Terms and Conditions apply from the time your vehicle enters the car park and apply 24 hours a day, 7 days a week. We make no representation that any car park space will be available at any time. This car park service does not include ensuring the safety of your vehicle or its contents while it is parked here. You park here at your own risk. Do not leave valuables in the vehicle.
“Accessible car park” means specifically designated vehicle parks which are managed using permits issued under the Mobility Park Permit Scheme.
“Agreement” means these Terms and Conditions.
“ANPR” means Automatic Number Plate Recognition cameras and parking time is calculated by the ANPR cameras from the point of entry to the point of exit.
“Breach Notice” means any notice sent to the owner of the vehicle advising of any breach of these Terms and Conditions.
“Car park” means the space allocated to park your vehicle.
“Enforcement Regime” means that the car park will monitored and enforced using a range of processes and tools including ANPR cameras.
“Fees” and “charges” means all amount charged by us to you.
“Pay By Plate machines” means any parking machine supplied in
the car park.
“Parking time” means the time specified on the Pay By Plate machines.
“Parking Permit” means a valid permit issued to you by us.
“Time limit” means the limit of time you have to park your vehicle
in this car park.
“Validate” means to use the payment kiosk or tablet to validate your car being on the site, even if the car park has free parking.
“You” means both the driver and the owner of a vehicle entering this car park (Car Park).
“We”, ”us” and “our” means Smart Compliance Management (a division of Smart Parking Technology Limited).
- To provide you with a place to park your vehicle if you are a genuine patron/customer.
- To take all reasonable care in providing our service to you.
- To perform our obligations under the Work Health and Safety Act 2011 and all other statutory requirements of Queensland.
Parking Terms and Conditions
Use of car parks involves significant risk including damage to property, physical harm, personal injury and/or death to users. Any such loss or injury may be caused by third party drivers, pedestrians and other persons, hazards created by weather, the condition of the car park, theft, malicious damage or malfunctioning equipment that is not directly attributable to Smart Parking. You enter this car park at your own risk.
Terms of Entry
- If you enter this Car Park you enter into a contract with us on the following terms and conditions (Terms). You may leave the Car Park immediately after entering and without parking and if you do so this contract ends.
- If you enter or remain in the Car Park otherwise than in accordance with these Terms, the entry will be considered a trespass by us.
- 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 breach these Terms if you allow the vehicle to stay in the Car Park longer than the Free Period. You breach these Terms if you park in an area marked “Reserved” without our specific authority 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 where you park in a “Reserved” parking are or otherwise contrary to parking directions. You agree that this amount is a reasonable pre- estimate of damages arising from your breach of these Terms. If the breach notice remains unpaid after 35 days, you agree to pay all additional costs involved in collection of the damages, including all administration fees, collection agency related costs and all solicitor/client legal costs.
- 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. To the greatest extent permitted by law, we are not liable for any indirect, special, consequential or economic loss or damage.
- By using our car park, you authorise 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.
- 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.
- Subject to the following sentence, you agree to indemnify us in respect of all reasonable, substantiated direct losses, costs or expenses which we suffer or incur in respect of: (a) a breach of these Terms by you; (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.
Any vehicle not complying with the Car Park Terms and Conditions will be
issued with a Non-Compliance Parking Breach Notice