Secure-a-Spot Terms and Conditions

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

1 Definitions

Access Method means any of the following access methods in which Secure Parking makes available to enable you to enter and exit the Car Park:

(a) Access PIN;

(b) Quick Response Code (QR Code);

(c) Licence Plate Recognition (LPR); and/or

(d) any other such technology that Secure Parking makes available from time to time.

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.

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 a

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

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

Booking Period for any Booking means the period of time covering:

(a) the times of entry into to the time of exit from the Car Park as set out in your Booking Confirmation for that Booking; 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.

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.

Overstay Charge has the meaning given to that term in clause 9.2(c).

Overstay Period has the meaning given to that term in clause 9.2(c).

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

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.

Secure-a-Spot Service means the Secure-a-SpotTM online parking reservation service.

Secure-a-Spot Terms means the terms and conditions set out in clause 2.1.

Understay Charge has the meaning given to that term in clause 9.2(b).

Understay Period has the meaning given to that term in clause 9.2(b). 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;

(b) the Secure Parking Terms of Entry; and

(c) our Privacy Policy; and

(d) our Website Terms of Use, which are incorporated into and form part of these Terms, (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 you 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 the Secure-a-Spot Service. You must be at least 18 years of age and be a resident of Australia to register for the Secure-a-Spot Service. 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 your account on the Secure-a-Spot website or the Secure-a-Spot App 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 the Access Method options 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.

5.4 You must not resell, lease, licence or otherwise transfer a Booking. You must only use the Access Method 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 these 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.

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 Secure-a-Spot Service requested in your Booking, or be unable to provide you with the Secure-a-Spot Service 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 Secure-a-Spot Service 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 Car Park during the specified Booking Period. If you:

(a) arrive before the Booking Period starts your use of the Access Method options provided for the relevant Booking 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 Method options for that Booking 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 Method options provided for the relevant Booking 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, 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 Method options provided for the relevant Booking 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 Method options provided for the relevant Booking 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 Method options provided for the relevant Booking 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 Method options provided for the relevant Booking 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 Overstay Period. 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 use one of the Access Method options provided for the relevant Booking in the designated Secure-a-Spot entry terminal and follow the instructions set out in your Booking Confirmation.

10.2 You will not be able to access the Car Park if:

(a) in the case of using an Access PIN, you use a 5-digit code that is different to the Access PIN provided for in the relevant Booking or if you have previously used the Access PIN; or

(b) in the case of using a QR Code, you use a QR Code that is different to the QR Code provided for in the relevant Booking or if you have previously used the QR Code; or

(c) in the case of using a LPR, the licence plate on the vehicle you are seeking to enter the Car Park in is different to the licence plate we have recorded for the relevant Booking or if you have previously entered the Car Park in a vehicle with that licence plate in the applicable Booking Period; or

(d) the Car Park you wish to enter does not match the Car Park in your Booking Confirmation.

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 use one of the Access Method options provided for the relevant Booking at the designated Secure-a-Spot exit terminal and follow the instructions set out in your Booking Confirmation.

11.2 You will not be able to leave the Car Park if:

(a) in the case of using an Access PIN, you use a 5-digit code that is different to the Access PIN provided for in the relevant Booking or if you have previously used the Access PIN at an exit terminal;

(b) in the case of using a QR Code, you use a QR Code that is different to the QR Code provided for in the relevant Booking or if you have previously used the QR Code; or

(c) in the case of using a LPR, the licence plate on the vehicle you are seeking to leave the Car Park in is different to the licence plate we have recorded for the relevant Booking or if you have previously left the Car Park in a vehicle with that licence plate in the applicable Booking Period.

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 Method exceeds the height limits.

13 Direct marketing activities

13.1 When registering as a user of a Secure-a-Spot Service, 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/or

(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.

13.3 If you receive electronic messages from us and/or third parties, you have the right to unsubscribe from receiving any further electronic messages of the kind described in clause 13.1 by:

(a) in relation to electronic messages received from us, following the unsubscribe directions in electronic messages or clicking on the unsubscribe facility in the relevant electronic message, or emailing us at customercare@secureparking.com.au; and

(b) in relation to electronic messages received by third party partners, clicking on the relevant unsubscribe facility in the relevant electronic message or contacting the relevant third party directly .

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 warrant, guarantee or represent 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; or

(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 (for example the Australian Consumer Law) apply to the Secure-a-Spot Terms to the extent required by that law. To the extent that you are considered a consumer under applicable consumer legislation of your jurisdiction, the warranties, guarantees or other rights provided by law may still apply and nothing in the Secure-a-Spot Terms excludes, restricts or modifies the rights you have available to you at law that may not be excluded, restricted or modified. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, restrict or modify, we are only bound by the provisions in these Terms. To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service.

16.2 To the extent permitted by law, we exclude 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, expense 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 of a Secure-a-Spot Service, nor do we accept any responsibility for any loss arising out of any suspension or termination of your registration of a Secure-a-Spot Service 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. Secure Parking’s liability arising under or in connection with these Terms is limited to its capacity as a trustee of the Trust.

16.6 Clause 16.5 will not apply to any obligation or liability of Secure Parking to the extent that any liability under these Terms 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.

17 Privacy

17.1 We are committed to your privacy and handle all personal information in accordance with applicable privacy laws. Our privacy policy available at https://www.secureparking.com.au/en-au/about/stuff-to-know/privacy-policy] records how:

(a) we collect, store, use and disclose your personal information;

(b) you may request access to, and correction of, the personal information about you that we hold; and (c) you may complain about a potential breach by us of the applicable privacy laws, and how we will deal with such a complaint.

18 General information

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

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

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

18.4 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.

18.5 The Secure-a-Spot Terms and the relationship between you and us and any dispute arising out of such terms 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.

Last updated: 1 March 2021

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