Conditions of agreement
- The Licensor hereby grants to the Licensee and the Licensee accepts on the terms and conditions of this Agreement a licence to park the number of vehicles belonging to the Licensee or any of the Licensee’s employees referred to in Item 1 of the Schedule (hereinafter referred to as “the vehicle(s)”) in such position or positions as may from time to time be designated by the Licensor or its agent or servant at the location referred to in Item 2 of the Schedule for the term of (1) month from the date referred to in Item 3 of the Schedule and thereafter from month to month until terminated by either party by giving to the other party not less than one (1) month’s prior notice in writing.
- The Licensee must in consideration of the licence hereby granted pay to the Licensor the monthly licence fee referred to in Item 4 of the Schedule or such other licence fee as may be determined by the Licensor from time to time and notified in writing to the Licensee payable monthly in advance, the first payment to be made on the date referred to in Item 3 of the Schedule calculated to the first day of the next month and thereafter the monthly licence fee must be paid on the first day of every month during the term of this Agreement.
- The Licensee hereby acknowledges that the relationship between the parties is that of Licensor and Licensee that no contract of bailment is inferred from the conduct of the Licensor or its servants or agents, the terms and conditions of the Agreement or any other circumstances whatsoever. The Licensee further acknowledges that the licence hereby granted does in no way exclude the right of the Licensor to possession of the Car Park nor does it confer on the Licensee any interest in the land upon which the Car Park is created but does confer upon the Licensee a personal right only which may not be assigned, transferred or otherwise dealt with by the Licensee either in whole or in part.
- a) The Licensee is permitted to park the vehicle(s) in the Car Park only in such position by such methods and between hours as the Licensor or its servants or agents may from time to time direct and the Licensee must itself and must procure that its servants and agents observe and conform with any conditions from time to time displayed, notices installed within the Car Park and follow any instructions, directions or requirements given or made from time to time by the Licensor, its servants or agents in respect of the use of or parking at or access to or access from the Car Park. b) The Licensee must whenever requested by the Licensor or a servant or agent of the Licensor park the vehicles in a position in or in part of the Car Park designated by the Licensor or its servants or agent and not elsewhere.
- The Licensee must not use or permit the Car Park to be used for any purpose other than the parking of the vehicles as contemplated by this Agreement and in particular but without limiting the generality of this Agreement hereof the Licensee must not: (a) Clean, grease, oil, repair or wash the vehicles in the Car Park; (b) Do or omit to do or permit to be done or omitted any act, matter or thing which is reasonably likely to be a nuisance or annoyance or obstruction to the Licensor or other users, occupants or tenants of the Car Park or the building containing the Car Park or any adjoining or nearby properties. (c) Cause or permit any goods to be stored or rubbish to be placed, thrown or dropped in or about the Car Park and must at all times endeavour to keep the Car Park clean and tidy and free from deposits of grease, oil, petrol and other harmful, flammable or unsightly matter, or (d) Leave any vehicle unattended outside the entrance to the Car Park or immediately within the entrance or on ramps or except as authorised in a position which might in the reasonable opinion of the Licensor or its agent or servant obstruct the entry or passage of other vehicles in or about the Car Park.
- The Licensee and its servants and agents must not do or omit or permit to be done or omitted any act, matter or thing, which might in any way endanger the safety of any person within the Car Park or damage the Car Park or vehicles, equipment or chattels about or within the Car Park or within or on any vehicles therein, whether the property of the Licensor or not and the Licensee indemnify and keeps indemnified the Licensor and each of its servants or agents against any and all liability in respect or any death or injury to persons or loss of damage to property as aforesaid and against all actions, claims, suits and demands made or brought against the Licensor or its servants or agents arising out of any such act matter or thing or the use of the Car Park by the Licensee or any of its servants and agents.
- (a) These terms and conditions do not exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 which by law cannot be excluded, restricted or modified. (b) Except where the Licensee has acquired from the Licensor services as a consumer within the meaning of the Trade Practices Act: I. All vehicles driven, parked or otherwise situated in the Car Park are so driven, parked or otherwise situated entirely at the risk of the Licensee and the Licensor is not liable for or in respect of any loss or damage to any vehicles to or any article or thing attached thereto or contained therein or for any injury or death or any person howsoever such loss, damage, injury or death may arise to be caused and irrespective of whether such loss, damage, injury or death be caused by the negligence or default of the Licensor or any servant or agent of the Licensor or any person acting with or without the authority of the Licensor or otherwise; II.The Licensor does not take any responsibility for the safe custody of the vehicles and in particular but without limiting the generality hereof the Licensor is under no duty to do any act or take any step to terminate the identity, authority or bona fides or any person or persons leaving or attempting to leave the Car Park in a vehicle including any vehicle used by the Licensor or any of its servants or agents; III. The servants and agents of the Licensor have no authority to accept any goods for safe custody and the Licensor is not liable in any case for any loss of or damage to any articles or things alleged to have been left with the Licensor or its servants or agents for safe custody however such loss or damage be caused, whether by the negligence or default of the Licensor or of any of its servants or agents or any person acting with or without the authority of the Licensor or otherwise.
- In the event that the Licensee fails to pay the Licence fees due under this Agreement or falls to observe or perform any term or condition of this Agreement and such failure continues for a period of seven (7) days, the Licensor is entitled forthwith to terminate this Agreement without prior notice.
- Upon the termination of this Agreement, the Licensee must promptly remove any vehicle belonging to it or to any of is servants or agents from the Car Park and in default the Licensor is entitled to remove the same to any place which the Licensor may elect and whatsoever the Licensor or any of its servants or agents shall do or purport to do under this clause shall be deemed to have been done with the full authority of and as agent for and at the risk and expense of the Licensee in all respects.
- No modification or variation of any of the terms or conditions of this Agreement may be made unless made in writing and signed by the Licensee and the Licensor and no representation by any servant or agent of the Licensor may vary or be deemed for any purpose whatsoever to vary or waive any terms or conditions hereof unless the variation or waiver is in writing and signed by the Licensor.
- The Licensee must pay to the Licensor the Licensor’s legal costs and disbursements associated with the preparation and completion of this Agreement, including all duty payable in respect of this Agreement and all costs of enforcement and default including the Licensor’s legal costs on a solicitor client basis.
- Any notice to be given to the Licensee is deemed to be duly received by the Licensee if given in writing and signed by or on behalf of the Licensor and; (a) If delivered personally to the Licensee, upon delivery; or (b) If sent by pre-paid post in an envelope or wrapper addressed to the Licensee at its address set out in this Agreement of, if the Licensee is a corporation, to its registered address from time to time, upon the expiration of three (3) days after dispatch.
- The Licensor may issue or procure the issue of permanent card(s) to the Licensee which is/are valid only for the period of issue. The permanent card(s) must be displayed on the vehicle(s) at all times whilst the vehicle(s) are located in or about the Car Park.
- The Licensee acknowledges that the Licence fees payable under this Agreement continue to be payable during the term of this Agreement irrespective of whether the vehicle(s) are parked within the Car Park.
- Direct Debit – The Licensee irrevocably authorises Asian Pacific Serviced Offices Pty. Ltd. ACN 068 012 653 to deduct monies properly due and payable by the Licensee under this Agreement from its designated account from time to time at the end of each billing period.
- There will be a 1.5% surcharge in respect of any amount paid using a credit card.
Conditions of entry and limitation of liability
Upon entering and using the Carpark Premises YOU AGREE to the terms and condition detailed herein.
You means anyone entering the Car Park. By entering the Car Park, you accept that a contract is formed between us on the following terms and conditions (Terms):
- (a) You agree to comply with all rules and directions as provided to you by signage or on-site personnel and with all relevant by-laws. The Vehicle may only park in an area marked “Reserved” if that area is reserved for the Vehicle or the Vehicle is otherwise authorised by us to park in that area under a carpark licence. (b) You may have access to or remove a vehicle from this Car Park only during the permitted hours displayed in the 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 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. For services other than services of a kind ordinarily acquired for personal domestic or household use or consumption we limit our liability, as permitted by the ACL, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again. Unless you acquire anything under these Terms as an individual and wholly or predominantly for personal, domestic or household use or consumption and we cannot exclude liability, we are not liable for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by us or our employees or agents.
- A parking fee is payable each time a vehicle enters the Car Park. If you bring a vehicle into the Car Park, you agree to pay the parking fee set by us from time to time. We may prevent the exit of a vehicle from the Car Park until the fee is paid and we are not liable for preventing the exit of a vehicle until the fee is paid or for any injury, damage or loss which results.
- You enter and use the Car Park at your own risk. We may refuse entry by any vehicle or person.
- We are not liable to you or any person with you for; (a) Injury to you or to anybody else; (b) Damage to, destruction of, theft of or unauthorised delivery up of your vehicle or any other vehicle whether authorised or not; or (c) Damage to, destruction of, theft of or deliver up of any property (including anything in or on your vehicle or any other vehicle); (d) Trespass to or upon your vehicle or other property in the Car Park, and you release and indemnify us from any claim which you might otherwise have against us. (e) Delivery of your vehicle to any person who did not have authority to take your vehicle.
- You must indemnify us in respect of all 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 the 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.
- This contract does not affect any common law or statutory lien or other rights we have over the Vehicle. You grant us a ‘security interest’ as defined in the personal Property Securities Act 2009 Cth. to secure everything you owe us. We may retain possession of the Vehicle until everything you owe us in respect of this contract has been paid. Parking fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs. If amounts due to us remain unpaid after 30 days, you agree that we can sell the Vehicle and use the proceeds to pay the amounts you owe us and you agree to take all steps required by us to permit us to do so.
- You agree to: (a) Produce to us, when requested by us, your parking ticket or proof of payment of parking fee; (b) Not to cause any obstruction, or take up more than one parking bay; (c) Not to park anywhere that we designate as a no parking or reserved area; (d) Not to use the Car Park other than in accordance with instructions we may give, and; (e) Comply with all reasonable directions and requests made by our staff. (f) You must pay for any damage caused by you or the Vehicle to the Car Park including, but not limited to, any damage caused by oil or other substances which leak from the Vehicle. (g) You agree to provide us with your driver’s license number, full name and address details upon request.
- You agree to not use or permit the Car Park to be used for any purpose other than the parking of the vehicles as contemplated by this agreement and in particular but without limiting you must not: (a) Clean, grease, oil, repair or wash the vehicles in the Car Park; (b) Do, or omit to do, or permit to be done, or omitted any act, matter or thing which is reasonably likely to be illegal, a nuisance, annoyance or obstruction to other users, occupants or tenants of the Car Park or the building containing the Car Park or any adjoining or nearby properties. (c) Cause or permit any goods to be stored or rubbish to be placed, thrown or dropped in or about the Car Park and must at all times endeavour to keep the Car Park clean and tidy and free from deposits of grease, oil, petrol and other harmful, flammable or unsightly matter, or (d) Leave any vehicle unattended outside the entrance to the Car Park or immediately within the entrance or on ramps or except as authorised in a position which might in the reasonable opinion obstruct the entry or passage of other vehicles in or about the Car Park.
- These conditions may only be altered by a written agreement between us and you.
- Each exclusion of our liability in these conditions is subject to any law which restricts or forbids that exclusion of liability including the Trade Practices Act and similar State Legislation.
- In these conditions references to: (a) ‘we’, ‘us’ and ‘our’ mean Asian Pacific Serviced Offices (APSO) ABN 11 068 012 653, Its employees, agents and independent contractors; and (b) ‘your vehicle’ includes a vehicle driven, or intended to be driven, by you into this Car Park.