Licence Plate Recognition in Use
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.
In these car park Terms of Entry (Terms):
- Smart Compliance Management (and references to we, us or our and similar expressions) means Smart Parking Limited T/A Smart Compliance Management Australia; and
- you means anyone entering this car park (Car Park).
If you enter this Car Park you enter a contract with us and agree to 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), if applicable. A Free Period ends when the vehicle leaves the Car Park. You breach these Terms if you allow the vehicle to stay in the Car Park longer than the Free Period. If you breach any of the obligations as referred to in these Terms above and/or where you park contrary to parking directions, or if you park outside marked bays, you agree to pay us $88.00 (Initial Fee).
- You agree to pay us an increased Initial Fee of $155.00 in instances where you park in an area marked “Disabled Parking” without our specific authority or contrary to the parking directions otherwise indicated. 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 21 days, you agree to pay us an additional administration fee which amounts to up to 55% of the Initial Fee. If the breach notice remains unpaid after 35 days, you agree to pay all additional costs involved in collection of the Initial Fee, including all mercantile and legal related 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.
- To the maximum extent permitted by law we will not be liable for any loss or damage to any vehicle or property to have been left by you with us, in the vehicle or in the Car Park and/or as a result of your entry to the Car Park.
- To the maximum extent permitted by law and as permitted by the ACL we are not liable for any indirect, special, consequential, or economic loss or damage as a result of your entry to the Car Park.
- 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 and efficient operation of this Car Park. We may charge $250.00 for towing the vehicle if the need to move it arises because you breach these Terms, appear to abandon the vehicle, or have caused obstruction. Storage fees may also apply at your own expense.
- 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 and is subject to the fees above
This car park is private property and is managed by Smart Compliance Management (a division of Smart Parking Technology Limited) on behalf of the owners. Vehicles left at owners risk. Contact firstname.lastname@example.org www.smartcomply.com.au