Secure-a-Spot Terms

Secure-a-Spot Terms

Secure Parking Pty Ltd (ABN 31 669 236 037) (Secure Parking, we, us and other similar expressions) offers the Secure-a-SpotTM online parking reservation service (Secure-a-Spot Service) in accordance with the terms and conditions set out below.

1 Definitions

Access PIN means a five digit personal identification number that we issue to you when you make a Booking that is to be used to enter and exit from the Car Park.

Cancellation Fee means the fee (if any) payable by you to us for cancelling your Booking as set out in a Booking Confirmation.

Car Park means the Secure Parking car park specified in your Booking or if that car park is unavailable at the time of the Booking such other car park as we may direct you to.

Lock-out Fee means the fee specified at the Car Park entry or in our standard Car Park terms and conditions on our Website whichever is the greater.

Parking Fee means the fee (including GST) payable by you for the cost of parking in the Car Park during the Booking Period.

Booking means the booking of a parking bay at a Secure Parking car park that you request through the Secure-a-Spot Service; and we accept by issuing you an Access PIN and Booking Confirmation.

Booking Fee means the fee (if any) payable by you to us for the cost of administering your Booking.

Booking Confirmation has the meaning given to that term in clause 6.5.

Booking Period means the period of time covering:
(a) the times set out in your Booking Confirmation to enter and exit the Car Park and
(b) the additional period of time during which you may enter the car park prior to the times set out in the Booking Confirmation without incurring additional charges (Entry Grace Period) as specified in your Booking Confirmation.

Secure-a-Spot Rates means rates for parking in the Car Park pursuant to these terms and conditions starting from the rate set out on the Website for Secure-a-Spot Services up to the maximum rate then currently applicable to your Car Park space having regard to the availability of Car Park spaces outside the Booking Period which another user may be charged if they had booked the space on the Secure-a-Spot Service.

Website means our website, www.secureparking.com.au.

2 Accepting the terms

2.1 By completing the Secure-a-Spot registration process, you agree to be bound by:
(a) these terms of use;
(b) the terms and conditions of the relevant Car Park displayed at the entry to the Car Park; and
(c) our Privacy Policy and our Website Terms of Use, which are incorporated into and form part of these terms of use, (collectively, the Secure-a-Spot Terms).

3 Variations

3.1 We may change the Secure-a-Spot Terms at any time by publishing the varied terms on our Website. You accept that by us doing this, we have provided you with sufficient notice of the variation and agree to be bound by the most current version of the Secure-a-Spot Terms published on our Website.

3.2 If you object to the Secure-a-Spot Terms or any variation to them, or you become dissatisfied with your use of Secure-a-Spot Service in any way, your only remedy, other than any remedy which cannot be excluded by law, is to stop using the Secure-a-Spot Service.

4 Registration

4.1 In order to make a Booking you must register as a user of Secure-a-Spot. You must be at least 18 years of age and be an Australian resident to register. Registration is free.

4.2 We may refuse your registration at our sole discretion.

4.3 During the registration process you will be required to provide a unique email address and nominate a password to be used to access your Secure-a-Spot account. It is your responsibility to ensure that your password is kept confidential at all times.

4.4 Your Secure-a-Spot account is unique to you and is not transferable. You are fully responsible for all activities that occur under your Secure-a-Spot account.

4.5 If you are one of our employees, or you are an immediate family member of one of our employees, you may still register as a user of Secure-a-Spot, however you may not be eligible for all offers, promotions or competitions promoted by us. Please refer to the terms and conditions for the particular offer, promotion or competition for further details.

4.6 You must ensure that any registration details you provide when registering are accurate and you must notify us of any change to your registration details as originally supplied. You may do this at any time by logging into the Secure-a-Spot website and clicking on ‘My Account'.

5 Booking

5.1 You can request to book a parking bay at a Secure Parking car park by accessing your Secure-a-Spot account and completing and submitting the online reservation form.

5.2 If your request is accepted by us we will send you by email a Booking Confirmation setting out details of the Booking and an Access PIN for that Booking.

5.3 A Booking is only valid for the particular times, date, product, price and Car Park set out in the Booking Confirmation and in accordance with these terms and conditions.

5.4 You must not resell, lease, licence or otherwise transfer a Booking. You must only use the Access PIN we provide to you at the Car Park.

5.5 We may limit the number of Bookings per person.

5.6 We may direct you to another car park if the car park detailed in your Booking Confirmation is full or unavailable at the time of your Booking.

6 Payment

6.1 Each time you make a Booking you must pay us the Booking Fee and the Parking Fee, using any of the credit cards we accept.

6.2 We will confirm the total Booking Fee and Parking Fee before you submit your online reservation form.

6.3 You must include valid credit card details on your online reservation form. By submitting your online reservation form you authorise us to debit Booking Fees, Parking Fees, Cancellation Fees and other amounts payable pursuant to the Secure-a-Spot Terms from that credit card.

6.4 The details of the credit card used when completing a Booking will be stored externally (in encrypted format) on a PCI compliant Card Safe service. The credit card details will be retained and be linked to your Secure-a-Spot account for future Bookings.

6.5 On completion of your Booking we will email you a Booking Confirmation which will serve as receipt of your payment of the Booking Fee and Parking Fee.

6.6 If you request us to open the car park after it has closed in order to retrieve your vehicle then you must pay an on the spot Lock-out Fee. The Lock-out Fee is in addition to any charges associated with your Booking and use of the Car Park in accordance with these terms and conditions.

7 Cancellation and changes by you

7.1 Subject to the terms of this clause 7, you may cancel a Booking at any time up to sixty (60) minutes before the start of the Booking Period. You must log into your Secure-a-Spot account and select “My Account” and confirm cancellation of your Booking.

7.2 Where the Booking is for a single parking bay on a single day and you cancel the Booking we will refund the Parking Fee (less Booking Fee and Cancellation Fee) to you via your credit card for that Booking.

7.3 Where the Booking is for multiple parking bays on a single day and you no longer wish to book all the bays you will need to first cancel the entire Booking and then re-book the number of bays you require. We will refund the Parking Fee (less Booking Fee and Cancellation Fee) to you via your credit card for the cancellation of the original Booking. If you do choose to re-book, you will incur a Booking Fee for the new booking transaction.

7.4 Where the Booking is for a single or multiple parking bay(s) on multiple days and you cancel some but not all days, in the one transaction, we will provide a refund of the relevant Parking Fee(s) (less one Booking Fee and one Cancellation Fee) to you via a credit on your Secure-a-Spot account which you can redeem on any subsequent booking on the Secure-a-Spot Service until the value of the Secure-a-Spot credit on your account has been exhausted. If the cancellations are done in separate transactions you will incur a Cancellation Fee each time.

7.5 You may amend the time and date specified in a Booking at any time up to sixty (60) minutes before the start of the Booking Period. After that time you may not make any amendments.

7.6 We will not refund your Booking Fee or Parking Fee if you do not redeem your Booking unless one of the exceptions in clause 8 apply.

8 Cancellation of Booking by us

8.1 In some circumstances we may cancel your Booking, elect not to provide you with the services requested in your Booking, or be unable to provide you with the services requested in your Booking.

8.2 If an event in clause 8.1 occurs, we will refund you the Booking Fee and Parking Fee, unless the event was caused by your failure to comply with the Secure-a-Spot Terms.

8.3 In no circumstances will we refund you the Booking Fee or the Parking Fee if our inability to provide you with the services requested in your Booking is caused by you failing to attend the Car Park during the Booking Period.

9 Booking Period

9.1 Payment of the Booking Fee and Parking Fee entitles you to park your vehicle at any available parking bay at the Car Park during the Booking Period. Parking bays marked as reserved for monthly parkers are not available for use by Secure-a-Spot customers.

9.2 If you have an “Early Bird” Booking you must enter and exit the Carpark during the specified booking times. If you:
(a) arrive before the Booking Period starts your Access PIN will not work and you must return later or pay the standard rates applicable at the Car Park;
(b) exit before the specified exit time for your Booking, your Access PIN will allow you to exit the Carpark and your nominated credit card will be debited an additional amount (Understay Charge) equal to the difference between the cost of your original booking and the costs associated with the Secure-a-Spot Hourly Parking Rate equivalent to the duration of your actual stay in the car park. (Understay Period). For the avoidance of doubt, the Understay Charge is in addition to the Booking Fee and Parking Fee;
(c) exit after specified exit time for your Booking, your Access PIN will allow you to exit the Carpark and your nominated credit card will be debited an additional amount (Overstay Charge) equal to the Secure-a-Spot Rates that apply to the duration between the specified exit time on your Booking and the actual time that you leave (Overstay Period), and you will not be entitled to a refund of the Parking Fee or Booking Fee.

9.3 For any other Secure-a-Spot Service product, other than an “Early Bird” Booking you must enter and exit during the Booking Period. If you:
(a) arrive before the Booking Period starts your Access PIN will not work and you must return later or pay the standard rates applicable to the Car Park;
(b) arrive after the Booking Period ends your Access PIN will not work and you will not be entitled to a refund of the Parking Fee or Booking Fee
(c) exit before the specified exit time for your Booking, your Access PIN will allow you to exit the Car Park and you will not be entitled to a refund of any of the Parking Fee or Booking Fee;
(d) exit after the specified exit time for your Booking, your Access PIN will allow you to exit the Car Park and your nominated credit card will be debited an Overstay Charge equal to the Secure-a-Spot Rates that apply to the duration between the specified exit time on your Booking and the actual time that you leave. For the avoidance of doubt, the Overstay Charge is in addition to the Booking Fee and Parking Fee.

9.4 Without limiting the provisions of clauses 9.2 and 9.3, we will not provide any refund if your total stay is shorter than the Booking Period.

10 Arrival at Car Park

10.1 When you arrive at the Car Park you must enter the Access PIN in the designated Secure-a-Spot entry terminal and follow the instructions set out in your Booking Confirmation.

10.2 If you use a 5-digit code that is different to the Access PIN or if you have previously used the Access PIN, or the Car Park you wish to enter does not match the Car Park in your Booking Confirmation, you will not be able to access the Car Park using the Access PIN.

10.3 At all times you must comply with the terms and conditions of the Car Park which are displayed at the entrance to the Car Park.

11 Departure from Car Park

11.1 When you leave the Car Park you must enter the Access PIN in the designated Secure-a-Spot exit terminal and follow the instructions set out in your Booking Confirmation.

11.2 If you use a 5-digit code that is different to the Access PIN or if you have previously used the Access PIN at an exit terminal, you will not be able to leave the Car Park using the Access PIN.

12 Vehicle restrictions

12.1 Each Car Park has specific height limits for vehicles which must be followed. You must ensure that your vehicle does not exceed the height limit for the Car Park.

12.2 You can check on the height limit for a Car Park by clicking on the link to the information page for the Car Park on our Website. You are not entitled to a refund of the Booking Fee or Parking Fee if the vehicle used to access the Car Park using the Access PIN exceeds the height limits.

13 Direct marketing activities

13.1 As a registered user of Secure-a-Spot you consent to:
(a) us sending you electronic messages including SMS, MMS, and email regarding any promotional, marketing and publicity activities that we may offer; and
(b) our selected third party partners sending you electronic messages SMS, MMS, and email regarding any promotional, marketing and publicity activities that they may offer.

13.2 You have the right to unsubscribe from receiving any further electronic messages of the kind described in clause 13.1 by:
(a) following the unsubscribe directions in electronic messages received from us or emailing us at customercare@secureparking.com.au; and
(b) contacting the third party directly (in the case of electronic messages from third party partners).

14 Termination and suspension of Secure-a-Spot registration

14.1 You may terminate your registration of Secure-a-Spot at any time by emailing us at customercare@secureparking.com.au

15 Disclaimer

15.1 We do not guarantee that:
(a) the Secure-a-Spot service will be available at all times;
(b) your use of the Secure-a-Spot Service will be uninterrupted or error free;
(c) the Secure-a-Spot Service will be available for use at all Secure Parking car parks;

16 Limitation of Liability

16.1 Terms, conditions, warranties and guarantees implied by law which cannot be excluded, restricted or modified apply to the Secure-a-Spot Terms to the extent required by that law.

16.2 We exclude to the extent permitted by law all other terms, conditions, warranties and guarantees which might be implied into the Secure-a-Spot Terms.

16.3 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in the Secure-a-Spot Terms.

16.4 Subject to clause 16.1 we do not accept responsibility for any loss or damage, however caused (including through breach of contract, breach of statute, negligence or other tort), which you may directly or indirectly suffer in connection with your use Secure-a-Spot, nor do we accept any responsibility for any loss arising out of any suspension or termination of your registration of Secure-a-Spot or any variation of the Secure-a-Spot Terms.

16.5 Secure Parking enters into this document and provides the Secure-a-Spot Services as trustee of the Secure Parking King Street Trust (Trust) and not in its personal capacity. Any liability arising in connection with this agreement is limited to the extent to which is can be satisfied out of the property of the Trust out of which Secure is actually indemnified.

16.6 Secure Parking has no personal liability in relation to obligations under, arising out of or in connection with agreements entered into pursuant to these terms or the Secure-a-Spot Services. You may not sue Secure Parking in any capacity other than as trustee of the Trust, including seeking the appointment to Secure Parking of a receiver, a liquidator, administrator or any similar person.

16.7 The provisions of clauses 16.5 and 16.6 will not apply to any obligation or liability of Secure to the extent that a liability under this agreement arises out of Secure Parking‘s own fraud, negligence or breach of trust which disentitles Secure Parking in whole or in part from an indemnity out of the assets of the Trust in relation to the relevant liability.

16.8 The Issuer enters into this agreement only in its capacity as responsible entity of the Scheme and in no other capacity. A liability arising under or in connection with this agreement can be enforced against the Issuer only to the extent to which it can be satisfied out of the property of the Scheme out of which the Issuer is actually indemnified for the liability. This limitation of the Issuer’s liability applies despite any other provision of this agreement and extends to all liability and obligations of the Issuer in any way connected with any representation or other conduct related to this agreement or the Offer.

18 Privacy

18.1 We are committed to your privacy. Our contact details are available by visiting www.secureparking.com.au.

18.2 We generally collect personal information about you directly from you, but may also collect personal information about you from third parties.

18.3 We use your personal information to provide our services to you, to seek your feedback and improve our service, to carry out management and administrative activities, to conduct research and to communicate with you. If all the information is not provided, we may not be able to supply our services.

18.4 Your personal information may be disclosed to our related entities, service providers and contractors, auditors, and we may be required, as a result of contractual obligations, to disclose personal information we collect to landlords of parking facilities we operate. We may also disclose you information to relevant entities or authorities in order to meet our obligations under the law.

18.5 We have a privacy policy which includes information about how we collect, store, use and disclose your personal information; about how you may access the personal information about you that we hold, and how you may seek correction of that information; and about how you may complain about a breach by us of the Australian Privacy Principles, and how we will deal with such a complaint.

18.6 We are likely to disclose limited amounts of your personal information to recipients located in India, for account management and administrative purposes.

18.7 A copy of our privacy policy is available upon request or by visiting www.secureparking.com.au.

19 General information

19.1 The Secure-a-Spot Terms supersede any prior agreements between you and us in respect of the Secure-a-Spot Service.

19.2 Our failure to exercise or enforce any right or provision of the Secure-a-Spot Terms must not be treated as a waiver of the right or provision.

19.3 If any of the Secure-a-Spot Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use are to continue in full force.

19.4 Your rights and obligations under the Secure-a-Spot Terms are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

19.5 The Secure-a-Spot Terms and the relationship between you and us are governed by the laws in force in the State of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales.

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