Website Terms of Use

SECURE PARKING WEBSITE - TERMS OF USE

Secure Parking Pty Ltd (ABN 31 669 236 037) (we, us, our and other similar expressions) welcomes you, the viewer and user of www.secureparking.com.au, which includes any facilities, applications or services accessible through it (this website).

1 Acceptance of these terms of use

1.1 We provide this website subject to these terms of use. Before you browse or use this website, it is important that you read, understand, and agree to these terms of use.

1.2 In using this website, you agree to be bound by these terms of use. If you do not accept these terms of use, you must refrain from using this website.

2 Application of these terms of use

2.1 These terms of use apply to your use of this website, including to access any of our facilities and services that are accessible through it.

2.2 Your use of any of our particular services available on or through this website may also be subject to additional terms and conditions for those services, including our Club SecureTM Terms and the Online Booking Terms & Conditions. To the extent of any inconsistency between the relevant services terms and conditions and these terms of use, these terms of use prevail.

3 Access

3.1 You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. Your access to this website may be terminated at any time by us without notice to you.

4 Privacy

4.1 We are committed to your privacy and handle all personal information in accordance with applicable privacy laws.

4.2 We have a privacy policy which records how:

• we collect, store, use and disclose your personal information;
• you may request access to, and correction of, the personal information about you that we hold; and
• you may complain about a potential breach by us of the applicable privacy laws, and how we will deal with such a complaint.

4.3 Our privacy policy is available here. 

5 Variations

5.1 We may change these terms of use at any time by publishing the varied terms on this website. Your continued use of this website after the variation will represent an agreement by you to be bound by the terms of use as amended. It is your responsibility to regularly check these terms before using this website.

6 Registered user

6.1 In order to access various parts of this website or access particular content available on this website, you must become a registered user. In becoming a registered user and accessing particular content or services, you may become subject to additional terms and conditions. For example, additional terms of use apply to any person who becomes a member of our Club SecureTM loyalty program.

7 Restricted use

7.1 You are authorised to reproduce any content available on or accessible from this website (Content) for non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee.

7.2 Reproduction of this website and the Content on it, including by screen scraping or any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with this website, is strictly prohibited, unless such reproduction is for non-commercial use or otherwise approved by us in writing. If you require any Content for your commercial use please contact us and we can discuss a formal access arrangement.

7.3 When using this website, you agree not to directly or indirectly do any of the following:

(a) intentionally or unintentionally violate any applicable law or regulation;

(b) without our prior written approval, on-sell Content obtained from this website.

(c) use this website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights or privacy, or which restricts or interferes with this website;

(d) reverse engineer, reverse assemble or reverse compile all or part of this website;

(e) enter into any transaction relating to access or use of this website with a party other than us, without our prior written consent; or

(f) attempt to gain unauthorised access to this website, computer systems or networks connected to this website, through hacking, password mining or any other means.

8 Content

8.1 All Content is provided by us or by others in good faith. You accept that the Content provided by us is general information and is not in the nature of advice. We have derived the Content from sources which we believe to be accurate and up to date as at the date of publication.

8.2 We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purpose, nor do we undertake to keep this website or the Content up to date. This applies to Content provided by us and to Content provided by others.

8.3 Without limiting the general application of clause 8.2, you acknowledge that despite our reasonable precautions, information about car park hours of operation, availability and pricing contained on this website or through links or applications (provided by us or third parties) accessible through this website, including the Deal Finder may be listed incorrectly due to typographical error, mechanical malfunction, or human error.

8.4 Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

8.5 You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the website you are entirely responsible for ensuring that the Content meets your requirements and you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

(a) the accuracy or otherwise of the content displayed or omitted from this website;

(b) any person’s reliance on content available or omitted from this website;

(c) any loss in connection with the use of this website.

8.6 You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.

8.7 Except as specifically stated otherwise, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of Content contained on this website.

9 Communication with us and others

9.1 This website contains communication facilities which allow you to communicate with us and others through online enquiry and feedback forms, and may contain other electronic messaging and notice services (Communication Facilities).

9.2 You acknowledge that the Communication Facilities may be public and not private. You should take care to ensure that any communications you make using the Communication Facilities comply with requirements set out in clause 9.3.

9.3 When using the Communication Facilities or this website, you must not, and you must not authorise, aid, abet encourage or incite any other person, to post or transmit any information, image, text or other material of any kind whatsoever:

(a) that is not original material in which you own copyright, unless you are authorised by the copyright owner to post or transmit that material on this website;

(b) that violates or infringes upon the rights (including intellectual property, confidentiality or privacy rights) of any other person;

(c) that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;

(d) that vilifies, insults or humiliates any person on the basis of (for example) race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(e) that contains a virus or other harmful component;

(f) that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or

(g) that is knowingly incorrect, misleading or deceptive.

9.4 In addition, you must not excessively use the Communications Facilities in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of this website.

9.5 You acknowledge that we do not review, screen or approve any communications made using the Communication Facilities. Responsibility for the content of material posted on this website rests solely with the person who posts it. Where that content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

10 Advertisements

10.1 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertiser’s own websites) rests solely with the advertisers. The placement of advertisements on this website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

11 Copyright

11.1 Copyright in the Content and this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.

11.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 of the Commonwealth of Australia and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means: (a) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website; or (b) commercialise any Content, goods or services obtained from any part of this website, without our prior written approval.

12 Trade marks

12.1 If any of our trade marks are displayed on this website, they may not be used without our prior written approval.

12.2 This website may also display other names and logos that are trade marks of other third parties. You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.

13 User licence to us

13.1 By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

(a) use, copy, sublicense, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and

(b) sublicense to any third parties the unrestricted right to exercise any of the rights granted in paragraph (a).

13.2 The licence in the clause 13.1 includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.

13.3 You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.

13.4 At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.

14 Viruses

14.1 You must make your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

14.2 We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

15 Security of information

15.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. You should never share your secure information, password or identifier with any other person.

16 Availability

16.1 While we intend to make this website available 24 hours a day, seven days a week, on occasions it may be unavailable to permit maintenance or other development activity to take place. We do not represent, endorse or warrant that you will have uninterrupted or error-free access to, or use of, this website, or that the website or any services provided on it, and any files available for downloading will be error-free or free from viruses, faults or defects.

16.2 We may temporarily limit or suspend the availability of all or part of this website if it is necessary for reasons of public safety, security or maintenance, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.

17 Linked sites

17.1 The website may be linked to other websites over which we have no control. We have not prepared those links and they are not managed or maintained by us. The links are provided for convenience only and may not remain current or be maintained.

17.2 We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.

17.3 No links from external websites to this website are permitted without our prior written approval.

18 Limitation of Liability

18.1 Terms, conditions, warranties and guarantees implied by law which cannot be excluded, restricted or modified (for example the Australian Consumer Law) apply to these terms and your use of the website to the extent required by that law.

18.2 We exclude to the extent permitted by law all other terms, conditions, warranties and guarantees which might be implied into these terms of use.

18.3 Where the breach relates to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, or you are in trade, you agree that and where it is fair and reasonable to do so, the Australian Consumer Law will not apply and our sole liability in respect of any claim made by you against us, arising out of breach of any terms, conditions, warranties or guarantees implied by law is limited at our option to one or more of the following: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

18.4 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these terms of use.

18.5 Subject to clause 18.1 we do not accept responsibility for any loss, damage or expense, or indirect losses or consequential damages of any kind, however caused, which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on Content. This clause does not apply if we have acted negligently or wilfully breached these terms.

19 Indemnity

19.1 You agree to hold harmless and indemnify us and our subsidiaries, officers, agents and employees from and against any loss, damage or costs (including legal costs) that we, or any of our subsidiaries, officers, agents and employees, may incur in connection with your breach of these terms of use or any other legal obligation by you or your use of this website.

20 General information

20.1 These terms of use supersede any prior agreements between you and us in respect of your use of this website.

20.2 Headings in these terms of use are for convenience only and do not affect interpretation.

20.3 Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.

20.4 If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use are to continue in full force.

20.5 Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

20.6 These terms of and conditions and the relationship between you and us and any dispute arising out of such use of this website 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