Terms and Conditions

Hunter Parking and Storage Terms and Conditions

1. Definitions and Interpretation

In these conditions:

1.1 "Access Device" means any form of access card, barcode or identification device issued by Hunter Parking and Storage and/or used by the Parker to enable the Parker to have access to the Car Park including any mobile application used on a phone or other mobile device belonging to the Parker;

1.2 "Agreement" means the agreement between the Customer and Hunter Parking and Storage constituted by these Terms and Conditions, the Schedule, the Terms and any Conditions of Entry and Limitation of Liability displayed at a Car Park (for access to a Car Park) as varied from time to time during the term of this agreement;

1.3 "Amounts Payable" means all money payable in accordance with this Agreement including, but not limited to, the Parking Fee/s and any other Levy, Establishment Fee and Administration Fee specified in the Schedule, or otherwise payable under this agreement, as varied from time to time in accordance with this Agreement;

1.4 "Authorised Representative" means the individual nominated by the Customer to administer their account with Hunter Parking and Storage;

1.5 "Business Day" means any day other than Saturday, Sunday or a public holiday in Victoria, Australia;

1.6 "Car Park" means any of the Car Parks listed on the Hunter Parking and Storage Website for the use of Customers from time to time;

1.7 "Casual Parking Fees" means the fees for casual parking displayed at the entry to a Car Park at the time Usage commences on each occurrence;

1.8 "Commencement Date" means the date the Access Device has been received by the Parker, unless otherwise specified in the Schedule;

1.9 "Conditions of Entry" means the Conditions of Entry, if any, displayed at the entrance of, or in, a Car Park;

1.10 "Customer" means the person named in the Schedule;

1.11 "Levy" means any car park, congestion or other levy or tax, by whatever name, charged on or by reference to car parks by any government of governmental agency;

1.12 "Limitation of Liability" means the Limitation of Liability displayed at the entrance of, or in, a Car Park;

1.13 "Member" means a customer that has registered to access the Web Portal for Permit parking pass;

1.14 " Terms" means the terms and conditions issued by Hunter Parking and Storage from time to time for use of the ;

1.15 "Monthly Car Park" means the Car Park specified in the Schedule in connection with the Customer who has the use of a specified number of Reserved Bays and/or Unreserved Bays;

1.16 "Parker" means any person (including the Customer) who parks a vehicle in the Car Park under this Agreement and, to the extent applicable, each passenger of that vehicle;

1.17 "Reserved Bays" means parking bays in the Monthly Car Park designated by Hunter Parking and Storage for the specific use of the Customer or a Parker on Business Days;

1.18 "Reserved Parker" means a Parker who is entitled to park in a Reserved Bay;

1.19 "Special Rate" means any special rate that applies to the Parker's Parking Fees set out in the Schedule;

1.20 "Unreserved Bays" means parking bays in a Car Park which have not been designated by Hunter Parking and Storage for the specific use of a Customer or a Parker and are available for casual parking;

1.21 "Unreserved Parker" means a Parker who is entitled to park in an Unreserved Bay;

1.22 "Usage" means each period of time that the Parker has its vehicle in a Car Park, commencing from the time that the Parker enters a Car Park with its vehicle and ending when the Parker exits the Car Park with its vehicle on each occasion;

1.23 " Web Portal " and "Permit Pass" refer to the online portal operated by Hunter Parking and Storage to provide Customers with access to manage their account in accordance with the terms and conditions set out in this Agreement; also referred to as Hunter Parking Permits service

1.25 "HPS” means Hunter Parking and Storage Pty Ltd and includes its subsiduarys and assigns and, where applicable, its employees, agents and contractors; and

1.26 other capitalised terms have the meanings given in the Schedule.

2. Parking Fees & Charges

2.1 The Customer must pay all Amounts Payable each month as they fall due.

2.2 Where a Monthly Parking Fee applies, prior to the Commencement Date specified in the Schedule, the Customer must pay to HPS, the amount of the Initial Payment specified in the Schedule. No Parker may use the Car Park under this Agreement unless the Initial Payment has been paid.

2.3 Where a Regular Monthly Fee (including the Monthly Parking Fee and any other recurring Amounts
Payable) applies as set out in the Schedule, these Fees are payable to HPS monthly in advance.

2.4 All Casual Parking Fees payable on or calculated by reference to the Usage of the Parker are payable to HPS at time of exit.

2.5 All Amounts Payable are to be paid by electronic transfer, direct debit or pre-authorised credit card payment in accordance with the payment terms agreed with HPS from time to time.

2.6 Where a direct debit authority applies, the Customer authorises HPS to directly debit the following:
a) any applicable Regular Monthly Fee each month in advance;
b) any applicable Casual Parking Fees payable on or calculated by reference to the Usage of the Parker each month in arrears in respect of the Parker's Usage in the preceding month(s) which has not previously been debited; and
c) any GST payable under clause 2.7 at the time set out in that clause.

2.7 The Amounts Payable for any taxable supply (as that expression is defined in the GST legislation) made by HPS to the Customer are exclusive of GST (unless otherwise specified in the Schedule). The Customer must pay to HPS the amount of GST payable at the same time and in the same manner as the Customer pays the Amounts Payable.

2.8 Where a Licence Term and Licence Fee Review are specified in the Schedule, the Monthly Parking Fee will be varied as specified and applied from the Review Date without further written notification.

2.9 Where no Licence Term is specified in the Schedule or the Licence Term has expired, HPS may vary the Monthly Parking Fee at any time by giving the Customer one (1) month's notice in writing.

2.10 HPS may vary:
a) a Special Rate at any time by giving the Customer 10 days' written notice of the variation. The varied Special Rate will apply on the expiration of the 10 days' written notice of variation. Use of the Access Device by a Parker after the 10 day notice period ends constitutes acceptance of the new Special Rate; and
b) the Casual Parking Fees (other than a Special Rate) from time to time in accordance with changes to the casual parking rates displayed at the Car Park at the time and date of Usage. The varied Casual Parking Fees will apply at the time of entry to the Car Park by a Parker. Use of an Access Device by a Parker after the display of the new Casual Parking Fees at the Car Park constitutes acceptance of the new Casual Parking Fees.

2.11 The Customer and the Parker are responsible for safe custody of the Access Device and for any Parking Fees incurred as a result of the use of the Access Device whether or not unauthorised by the
Customer or the Parker. Replacement of any Access Device will be at the Customer's expense.

2.12 If the Customer (or a Parker) requests HPS to perform any service not mentioned in this Agreement, including the provision of copies of previous monthly statements issued by HPS or doing anything else involving the expenditure of time or money by Wilson Parking, through no fault of Wilson Parking, HPS may charge the customer a reasonable fee for the provision of that service and the Customer must pay that fee together with the amount of GST payable in respect of it.

2.13 Any costs incurred by HPS in connection with a breach of this Agreement by the Customer or any Parker, including legal costs, debt collection agency costs, commissions and GST, must be paid by the Customer within 7 days of written notice by Wilson Parking.

2.14 Where the Customer is an individual, no more than $500 (excluding GST) in Amount Payable may be accrued by the Customer in any one month period. If the $500 limit is reached, the Parker will be denied access to any Car Park until the earlier of the date on which Wilson Parking:
a) next directly debits the Amount Payable and any applicable Parking Fees from the Customer's Account in accordance with Clause 2.5; or
b) receives payment in cleared funds from the Customer or the outstanding Amount Payable.

3. Bay Allocation, Use and Access

3.1 The Customer:
a) has, subject to clause 3.3, on Business Days, the exclusive use of the number of Reserved Bays in the Car Park indicated in the Schedule (if any), being the bays so allocated to the Customer at the
commencement of this Agreement; and
b) acknowledges that on days other than Business Days, no bays are reserved for the exclusive use of the Customer or the Parker unless specifically stated on their agreement with HPS.

3.2 Where more than one Reserved Bay or Unreserved Bay is specified in the Schedule, the Customer may, subject to this Agreement, permit Parkers other than the Customer to use the Reserved Bays or Unreserved Bays (if any) specified in the Schedule.

3.3 Where the Customer permits any other Parker to use a Reserved Bay or Unreserved Bay under this Agreement, the Customer must maintain records of, and provide to HPS through the , the Parker's details and details of each Parker's Access Device prior to each Parker using a Car Park.

3.4 HPS may temporarily allocate a substitute bay to a Parker if a Reserved Bay is unavailable from time to time for any reason (including as a result of unauthorised use by another person).

3.5 A Parker, other than unlimited access parker, is only entitled to access to a Car Park during normal operating hours as displayed at the Car Park entry. After-hours access, if available, will attract additional charges, which may be specified at the Car Park entrance or on the HPS Website from time to time.

3.6 HPS is entitled to deny access to a Car Park:
a) to a Parker if any Amounts Payable or any GST remains unpaid by the Customer after the due date; or
b) to an Unreserved Parker if no Unreserved Bays are available for use in the Car Park; or
c) if the Car Park is otherwise unavailable due to circumstances beyond the reasonable control of Wilson
Parking.

4. Additional Parking
This Agreement will apply to any additional parking spaces in the Car Park provided by HPS to the Customer from time to time.

5. Breach & Termination

5.1 The Customer must ensure that any Parkers comply with this Agreement (to the extent applicable).

5.2 The Customer is liable for, and indemnifies HPS against any loss or damage suffered by HPS in connection with, any breach of this Agreement by the Customer or any Parker.

5.3 Subject to this Agreement, where a Licence Term is specified in the Schedule, this Agreement may only be terminated after the Licence Term has expired by either party giving one (1) month's prior written notice to the other.

5.4 Subject to this Agreement, where no Licence Term is specified in the Schedule, this Agreement may be terminated by either party giving one (1) month's prior written notice to the other at any time.

5.5 If the Customer terminates this Agreement under clause 5.3 or 5.4 above, and the termination takes effect prior to the end of a billing period, the Customer must pay the full Amounts Due for the entire
billing period in which the termination took effect.

5.6 The Customer may cancel individual bays from the Agreement by giving one (1) month's prior written notice. The Customer must maintain the Minimum Bay Volume specified in the Schedule (if any) for the Licence Term.

5.7 Unless expressly stated otherwise, either party may terminate this Agreement immediately if the other party is in breach of this Agreement and does not rectify that breach within 7 days of being notified of the breach (provided the breach can be rectified).

5.8 HPS may terminate this Agreement immediately if the Customer breaches the terms under clause 6.1 or 6.2 below.

6. Transfer of Rights and Obligations

Subject to clause 3.2, this Agreement is personal to the Customer and the Customer must not:

6.1 assign, sub-licence, novate, or otherwise grant or transfer (or permit a Parker to do so) any rights or obligations under this Agreement without the prior written consent of Wilson Parking; or

6.2 enter into any arrangement which would facilitate any of the above.

7. Removal of Vehicles

Regardless of any request the Parker may make to the contrary, HPS may remove any vehicle left within a Car Park after the expiry of, or in contravention of, this Agreement. In the event of removal, the Parker will be solely liable for all removal, storage and disposal costs which arise and for the state and condition of the vehicle and any damage occurring.

8. Customer's and Parker's Duties

The Customer and any Parker must:

8.1 allow HPS access to any part of the Car Park at any time for the purpose of inspecting it, doing any necessary repairs or for any other purpose specified by Wilson Parking;

8.2 comply with all applicable laws, and rules and regulations relating to the use of the Car Park and issued by HPS from time to time (including any Conditions of Entry and Limitation of Liability displayed at the Car Park); and

8.3 use the Car Park only during its operating hours as varied from time to time.

9. Access Devices

9.1 Each Access Device is and remains the property of HPS, including any mobile application used on a phone or other mobile device belonging to the Parker, but not the phone or other mobile device itself.

9.2 A parker will, if not in possession of a valid Access Device when entering or leaving a Car Park, be liable to pay the standard parking tariff then charged by HPS at the Car Park.

9.3 The Customer must pay the amount charged by HPS for the replacement of a lost or damaged Access Device.

9.4 The Access Device may not be eligible for use for any car parking rate which requires validation suchas early bird or other discount rates

10. No Safe Custody

10.1 No employee, agent or contractor of HPS has authority to accept any goods for safe custody and HPS will not be liable in any case for loss of or damage to any article alleged to have been left by the Customer or a Parker with HPS or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.

10.2 HPS is not liable for the loss of or any damage to any vehicle, accessories, contents or articles left with HPS or in a Car Park. The Customer and each Parker acknowledges that the services provided under this Agreement relate only to the provision of parking of vehicles and not to their safety or security.

11. Alteration of Terms and Conditions

11.1 HPS may vary this Agreement or the Terms and Conditions by adding to, altering or deleting any part of them and in that event the Agreement as varied will be binding on the Customer from the date one (1) month after HPS gives the Customer notice in writing of the variation.

11.2 Use of any Car Park listed on the HPS Website constitutes acceptance of the Casual Parking Fees for Usage and other charges as displayed at the Car Park at the time of Usage.

12. Waiver

No time or other indulgence granted by HPS to the Customer will constitute a waiver of any of its rights under this Agreement, notwithstanding any rule of law or equity to the contrary, and HPS will not be
precluded from exercising any such rights against the Customer

13. Relationship

Nothing in this Agreement creates or will be construed as creating any tenancy or conferring any interest upon the Customer or any Parker by way of lease, licence, or otherwise in the Car Park or any part of it. The Customer acknowledges that nothing in this Agreement grants the Customer or any Parker exclusive
possession of any part of the Car Park, including any Reserved Bay(s).

14. Parker Vehicle Assistance

If, at the request of a parker, HPS provides any form of vehicle assistance to the Parker, including but not limited to re-charging the battery of the Parker's vehicle:

14.1 the parker accepts such assistance at the Parker's own risk in all aspects; and

14.2 if any damage is caused to the Parker's or any other vehicle:
a) the parker and the Customer each release HPS from any claim which the Parker or the Customer may otherwise have against HPS in respect of that damage; and
b) the Customer indemnifies HPS against any loss, damages or other costs incurred or suffered by HPS in connection with any claim made by the Parker or any third party against HPS in respect of or arising out of the assistance given.

15. Conditions of Entry and Limitation of Liability

15.1 The Conditions of Entry and Limitation of Liability displayed at the entrance to and throughout each Car Park are incorporated in this Agreement and apply to this Agreement as if they were set out in full.

15.2 In the case of any inconsistency between this Agreement and the Conditions of Entry and Limitation of Liability, this agreement will prevail.

15.3 The Customer and the Parker acknowledge that the car parking services provided by HPS under this Agreement are for corporate and business use and are not of a kind ordinarily acquired for personal, domestic or household use or consumption.

15.4 HPS’s liability for failure to comply with any guarantee provided under the Australian Consumer Law is absolutely limited to either:
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again, at HPS’s election.

16. Notices

16.1 Any notice, approval, consent or other communication in relation to this agreement required to be in writing may be given or received through the , or may be in writing and delivered by hand or sent by prepaid post, facsimile or electronic mail to the other party's nominated addresses as set out in the Schedule.

16.2 A notice is taken as given by the sender and received by the intended recipient:
a) if posted, 3 Business Days after posting;
b) if sent by electronic mail, when delivered to the relevant email address, unless the sender receives a report of delivery failure or the addressee informs the sender that the notice is illegible, or incomplete or corrupted within 24 hours of it being transmitted, provided that if delivery or receipt is on a day which is not a Business Day or is after 5.00pm at the place of delivery or receipt, it is taken as given at 9.00am on the next Business Day.

17. Agreement

17.1 By accepting this Agreement you confirm that you are a resident in Australia and able to form a legally binding contract that is enforceable against you, and;

17.2 If you accept the offer to receive email communications in the Schedule then you agree to receive emails and/or SMS messages from HPS regarding special offers, promotions, competitions and other information that HPS may send from time to time.

18. Application of other laws

Each exclusion of our liability in these Conditions is subject to any law that restricts or forbids that exclusion of liability, including the Australian Consumer Law and similar State legislation.

Hunter Parking Permits Terms and Conditions

These terms and conditions will govern your use of the Hunter Parking Permits web based services provided by Hunter Parking and Storage Pty Ltd.


Ensure you read them before using this web service
1 Glossary
1.1 Customer – means a person who uses the HPP service
1.2 HPP – stands for “Hunter Parking Permits” web based booking service
1.3 HPS – stand for “Hunter Parking and Storage Pty Ltd”
1.4 Member – means a registered user of HPP
1.5 Merchant – means a retailer, business or service provider who accepts orders and payments
for its goods and /or services through the HPP service


2 Acceptance of Terms and Conditions
These terms and conditions are the terms on which access to Hunter Parking and Storage is provided.
By registering with Hunter Parking and Storage you accept these terms and conditions. If you do not wish to accept these terms and condition, you must not use this service.


These terms and conditions can be amended in whole or in part by Hunter Parking and Storage from time to time and will become effective immediately without prior notice. By continuing to use the
service after changes to the terms and conditions have been published you agree to be bound by the revised terms and conditions


3 Car Park Terms and Conditions
In addition to these terms and conditions, the user is bound by the terms and conditions as published

4 Becoming a Registered User

To become a registered user is free and forms a legally binding agreement which is enforceable against you

5 Disclaimer

You expressly understand and agree that you use the Hunter Parking Permits service at your own risk

While HPP and its partners and suppliers have used their best endeavours to ensure that appropriate systems are in place to reduce the risk of credit card abuse and other forms of fraudulent activity, we
are not responsible for protecting HPP Parking users and merchants from credit card abuse or other forms of fraudulent or wrongful activity

Provided we have taken reasonable steps to protect our systems HPS does not accept any liability for any damage, loss, expense or harm arising directly or indirectly as a result of any computer virus on
unauthorised access of our system. HPS accepts no responsibility for any inability to use the service that arises from an issue between you and your network/communications provider.
HPS accepts no responsibility or liability for any issues which may arise between you and a merchant.

6 Liability

Notwithstanding any other terms of this agreement, you agree that, to the maximum extent permitted by law, any and all liability and responsibility of HPS to you or any other person under or in connection with these terms and conditions, or in connection with the HPP service, this website, any HPP parking customer act or omission, or your use of or inability to use, the HPP service, is excluded
regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or
damage, whether directly or indirectly, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages and consequential and incidental
loss.

7 Indemnity

By using this service you agree to release and indemnify us and to keep us indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis),
losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with the terms and conditions or failure by you or
a merchant to complete transaction or out of or in connection with your use of the service. This includes loss due to any loss of goodwill or reputation.

8 Breach

Without limiting any other rights and remedies available to us, we may limit your use of the HPP service, terminate your membership, or refuse to provide our services to you if in our opinion you
breach these terms and conditions. Hunter Parking and Storage have the right to block anyone from using the HPP service at is sole discretion.

9 Privacy – refer to web site privacy policy

10 Consumer Guarantees

Nothing in these terms and conditions will limit the effect of consumer guarantees as permitted under Australian Consumer Law