Where requested and approved, Advise Wise will book a Parking Space in the Car Park for you (here-on-in referred to as “the Parker”). Secure may require details (including the vehicle make, model and registration number and Parker’s name and driver licence details) in respect of the Parker and the vehicle in which they intend to enter the Car Park.

When a booking is made the Parker will be provided with an Access Code. The Access Code may only be used for access on the date and for the period specified in the Booking.

The Parker must keep the Access Code secret. You must not allow it to be used by anyone else.

Secure grants a non-exclusive licence to the Parker during the Authorised Access Hours to use and occupy a Parking Space using an Access Code issued in respect of a Booking.

• The licence is not to use any particular Parking Space.
• The licence is only for:
  • the date allocated in the Booking; and
  • the period of time allocated in the Booking.

If a Parker:

• does not use the Access Code for any reason at all at the Car Park entry, the Parker may not access the Car Park other than by paying for parking as a casual parker at the Standard Rate;
• does not use the Access Code for any reason at all at the Car Park exit, the Parker must pay for parking as a casual parker at the Standard Rate;
• seeks to enter the Car Park more than 30 minutes prior to the time allocated in the Booking, the Access Code will not operate and the Parker must pay for parking as a casual parker at the Standard Rate; or
• uses the Access Code but allows a vehicle to remain in the Car Park beyond the time allocated in the Booking, the Parker will be invoiced by Advise Wise for the parking at the Standard Rate for the period commencing when the time allocated by the Booking ended.

Upon accessing the Car Park using the Access Code the Parker may park in a Parking Space which is unoccupied. However, the Parker must not park in a space marked ‘Reserved’ or any similar expression, whether or not it is occupied.

Secure only grants a licence to a Parker subject to the Parker agreeing to the Parking Terms. Secure may require the Parker to indicate agreement to the Parking Terms prior to accessing the Car Park.

The Parker must comply with the Parking Terms and with all the rules and regulations relating to the management and use of each Car Park as may be made from time to time by Secure, and to obey all lawful directions given by Secure and in particular, those applicable to the display of or use of the Access Code, speed restrictions, traffic flow directions and areas designated as “no parking” or “reserved” or similar expressions.

The Parking Terms are displayed at the Car Park. The Parker warrants that they have read them.

Secure may request proof of identity of the Parker at points of access and exit of Secure car park.

The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted, or modified. These terms do not affect any rights the Parker has 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, Secure exclude:

• any terms, conditions, warranties, guarantees or other liability that might apply to in respect of these terms and conditions or anything done under it; and
• any liability for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by Secure or their employees or agents.
• For services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption Secure limits its liability, as permitted by the ACL, at its option, to the re-supply of the services or the payment of the cost of having the services supplied again.
• the Parker must indemnify Secure in respect of all losses, costs or expenses which Secure and/or Advise Wise suffers or incurs in respect of: (a) a breach of the Parking Terms by you the Parker, including enforcement; (b) the vehicle; or (c) the Parker’s use of a Car Park. This sub-clause does not affect any rights you the Parker have under the ACL or other law which cannot be excluded or modified.

The Parker agrees and accepts that Secure does not accept, nor does it have authority to accept, any vehicle or any other goods or chattels for secure or safe parking or custody. The use of the word ‘Secure’ in the name ‘Secure Parking’ does not imply anything to the contrary. To the extent permitted by the ACL and subject to any other legal restriction, Secure will not be liable for any loss or damage whatsoever to any such vehicle goods or chattels alleged to have been left with Secure for safe custody howsoever such loss or damage may be caused, whether by the negligence or otherwise of Secure or by the negligence or otherwise of any person acting with or without the authority of Secure.

Secure reserves the right for it and its contractors or agents to enter any vehicle parked in a Car Park and to move it if it decides that it is reasonably necessary in an emergency, if it reasonably appears to Secure to be abandoned or if it reasonably considers it necessary for the safe or efficient operation of the relevant Secure Car Park. The Parker may be charged a reasonable amount for moving the vehicle if the need to move it arises because the Parker has breached these terms and conditions or the Parking Terms, appear to abandon the vehicle, or have caused obstruction or during the period of retention or sale for non-payment.

The Parker agrees to accept these terms and condition and the Parking Terms of Secure and agrees they use the Car Park at their own risk. The Parker indemnifies Advise Wise against any risk, loss, liability, or damage incurred as a result of the use of the Car Park.                                                      

Interpretation

In this Agreement unless the context requires otherwise:

• Access Code means a code Secure issues or any other device or technology Secure uses to allow a Parker to access a Car Park pursuant to a Booking.
• Advise Wise means Advise Wise Pty Ltd
• Authorised Access Hours means the times allocated to the Parker in respect of a Booking.
• Available Access Hours means the normal hours of operation of a Car Park.
• Booking means the issue or other activation of an Access Code in respect of access to a Car Park.
• Parker means any person who is granted a licence by Secure Parking at the request of Advise Wise to occupy a Parking Space in a Car Park.
• Parking Space means a parking space in the Car Park.
• Secure means Secure Parking Pty Ltd, the operator and proprietor of the Car Park.
• Parking Terms means the terms and conditions of entry and use of the Car Park as applicable and displayed at the Car Park from time to time. Secure varies the Parking Terms from time to time.
• Secure includes Secure’s assigns and successors and if the context requires it also includes Secure’s servants, agents, and contractors.
• Secure a Spot Rate means the parking fees charged will be calculated at the rate applicable, as at the Booking date, to casual parking at the Car Park at the time specified in the Booking.
• Standard Rate means the parking fees charged will be calculated at the rate applicable to casual parking at the Car Park at the time the Parker actually enters the Car Park.