Online Parking Purchase Service Terms and Conditions

Last updated: 20 August 2024

Secure Parking Pty Ltd as trustee for the Secure Kings Unit Trust (ABN 31 669 236 037) (Secure Parking, we, us, our and other similar expressions) offers the Purchase Online Service in accordance with the terms and conditions (Terms) set out below.

1 Definitions
Access Method means any of the following access methods in which Secure Parking makes available to enable you to enter and exit the Car Park: 
(a) Access PIN; 
(b) Quick Response Code (QR Code); 
(c) Licence Plate Recognition (LPR); and/or 
(d) any other such technology that Secure Parking makes available from time to time.

Access PIN means a personal identification number that we issue to you when you make a Purchase that is to be used to enter and exit from the Car Park.
Purchase means an online transaction to park at a Secure Parking Car Park that you request through the Purchase Online Service; and we accept by issuing you a Purchase Confirmation and Access Method.
Purchase Confirmation has the meaning given to that term in clause 6.5.
Purchase Fee for any purchase means the fee (if any) payable by you to us for the cost of administering that Purchase.
Purchase Period for any Purchase means the period of time covering: (a) the times of entry into to the time of exit from the Car Park as set out in your Purchase Confirmation for that Purchase; and (b) the additional period of time during which you may enter the Car Park prior to the times set out in the Purchase Confirmation without incurring additional charges (Entry Grace Period) as specified in your Purchase Confirmation.
Cancellation Fee means the fee (if any) payable by you to us for cancelling your Purchase as set out in a Purchase Confirmation.
Car Park means the Secure Parking car park requested in your Purchase or if that car park is unavailable at the time of the Purchase such other car park as we may direct you to.
Lock-out Fee means the fee specified at the Car Park entry or in our standard Car Park terms and conditions on our Website whichever is the greater.
Overstay Charge has the meaning given to that term in clause 9.2(c).
Overstay Period has the meaning given to that term in clause 9.2(c).
Parking Fee means the fee (including Goods and Services Tax) payable by you for the cost of parking in the Car Park during the Purchase Period.
Purchase Online Service means the online parking purchase service.
Purchase Online Terms means the terms and conditions set out in clause 2.1.
Understay Charge has the meaning given to that term in clause 9.2(b).
Understay Period has the meaning given to that term in clause 9.2(b).
Website means our website, www.secureparking.com.au.

2 Accepting the terms
2.1 By completing the Purchase Online registration process, you agree to be bound by: (a) these Terms; (b) the Secure Parking Terms of Entry; and (c) our Privacy Policy; and (d) our Website Terms of Use, which are incorporated into and form part of these Terms, (collectively, the Purchase Online Terms).

3 Variations
3.1 We may change the Purchase Online Terms at any time by publishing the varied terms on our Website. You accept that by us doing this, we have provided you with sufficient notice of the variation and you agree to be bound by the most current version of the Purchase Online Terms published on our Website.

3.2 If you object to the Purchase Online Terms or any variation to them, or you become dissatisfied with your use of Purchase Online Service in any way, your only remedy, other than any remedy which cannot be excluded by law, is to stop using the Purchase Online Service.

4 Registration
4.1 In order to make a Purchase you must register as a user of the Purchase Online Service. You must be at least 18 years of age and be a resident of Australia to register for the Purchase Online Service. Registration is free.

4.2 We may refuse your registration at our sole discretion.

4.3 During the registration process you will be required to provide a unique email address and nominate a password to be used to access your Online Purchasing account. It is your responsibility to ensure that your password is kept confidential at all times.

4.4 Your Online Purchasing account is unique to you and is not transferable. You are fully responsible for all activities that occur under your Online Purchasing account.

4.5 If you are one of our employees, or you are an immediate family member of one of our employees, you may still register as a user of Online Purchasing, however you may not be eligible for all offers, promotions or competitions promoted by us. Please refer to the terms and conditions for the particular offer, promotion or competition for further details.

4.6 You must ensure that any registration details you provide when registering are accurate and you must notify us of any change to your registration details as originally supplied. You may do this at any time by logging into your account on the Secure Parking website or the Secure Parking App and clicking on ‘My Account'.

5 Purchase
5.1 You can request to purchase a parking bay at a Secure Parking car park by accessing your Online Purchasing account and completing and submitting the online reservation form.

5.2 If your request is accepted by us we will send you by email a Purchase Confirmation setting out details of the Purchase and the Access Method options for that Purchase.

5.3 A Purchase is only valid for the particular times, date, product, price and Car Park set out in the Purchase Confirmation and in accordance with and subject to these Terms.

5.4 You must not resell, lease, licence or otherwise transfer a Purchase. You must only use the Access Method we provide to you at the Car Park. 5.5 We may limit the number of Purchases per person. 5.6 We may direct you to another car park if the car park detailed in your Purchase Confirmation is full or unavailable at the time of your Purchase.

6 Payment
6.1 Each time you make a Purchase you must pay us the Purchase Fee and the Parking Fee, using any of the credit cards we accept.

6.2 We will confirm the total Purchase Fee and Parking Fee before you submit your online reservation form.

6.3 You must include valid credit card details on your online reservation form. By submitting your online reservation form you authorise us to debit Purchase Fees, Parking Fees, Cancellation Fees and other amounts payable pursuant to these Terms from that credit card.

6.4 The details of the credit card used when completing a Purchase will be stored externally (in encrypted format) on a PCI compliant Card Safe service. The credit card details will be retained and be linked to your Online Purchasing account for future Purchases.

6.5 On completion of your Purchase we will email you a Purchase Confirmation which will serve as receipt of your payment of the Purchase Fee and Parking Fee.

6.6 If you request us to open the car park after it has closed in order to retrieve your vehicle then you must pay an on the spot Lock-out Fee. The Lock-out Fee is in addition to any charges associated with your Purchase and use of the Car Park in accordance with these Terms.

7 Cancellation and changes by you
7.1 Subject to the terms of this clause 7, you may cancel a Purchase at any time up to sixty (60) minutes before the start of the Purchase Period. You must log into your Online Purchasing account and select “My Account” and confirm cancellation of your Purchase.

7.2 Where the Purchase is for a single parking bay on a single day and you cancel the Purchase we will refund the Parking Fee (less Purchase Fee and Cancellation Fee) to you via your credit card for that Purchase.

7.3 Where the Purchase is for multiple parking bays on a single day and you no longer wish to purchase all the bays you will need to first cancel the entire Purchase and then re-purchase the number of bays you require. We will refund the Parking Fee (less Purchase Fee and Cancellation Fee) to you via your credit card for the cancellation of the original Purchase. If you do choose to re-purchase, you will incur a Purchase Fee for the new transaction.

7.4 Where the Purchase is for a single or multiple parking bay(s) on multiple days and you cancel some but not all days, in the one transaction, we will provide a refund of the relevant Parking Fee(s) (less one Purchase Fee and one Cancellation Fee) to you via a credit on your Purchase Online account which you can redeem on any subsequent transaction on the Online Purchasing Service until the value of the Purchase Online credit on your account has been exhausted. If the cancellations are done in separate transactions you will incur a Cancellation Fee each time.

7.5 You may amend the time and date specified in a Purchase at any time up to sixty (60) minutes before the start of the Purchase Period. After that time you may not make any amendments.

7.6 We will not refund your Purchase Fee or Parking Fee if you do not redeem your Purchase unless one of the exceptions in clause 8 apply.

8 Cancellation of Purchase by us
8.1 In some circumstances we may cancel your Purchase, elect not to provide you with the Purchase Online Service requested in your Purchase, or be unable to provide you with the Purchase Online Service requested in your Purchase.

8.2 If an event in clause 8.1 occurs, we will refund you the Purchase Fee and Parking Fee, unless the event was caused by your failure to comply with the Purchase Online Terms.

8.3 In no circumstances will we refund you the Purchase Fee or the Parking Fee if our inability to provide you with the Purchase Online Service requested in your Purchase is caused by you failing to attend the Car Park during the Purchase Period.

9 Purchase Period
9.1 You must park your vehicle in the Car Park within the Purchase Period.

9.2 If your Purchase is an Early Bird Purchase, you must: (a) enter the Car Park after the early bird entry start time and before the early bird entry end time as specified in the Purchase Confirmation; (b) enter and exit the Car Park within the Purchase Period; and (c) If you enter before the early bird entry start time or after the early bird entry end time, your Purchase will not be valid and you will be charged the casual rate displayed at the Car Park.

9.3 If you make a Purchase other than an Early Bird Purchase, you must enter and exit the Car Park within the Purchase Period. If you enter the Car Park before the Purchase Period begins or after the Purchase Period ends, your Purchase will not be valid and you will be charged the casual rate displayed at the Car Park.

9.4 Subject to clause 9.2(a) and 9.3 if your car is parked in the Car Park beyond the Purchase Period, you will be charged at the rate displayed at the Car Park for that additional time (Overstay Charge).

9.5 If the period of time from your actual entry into the Car Park to your actual exit from the Car Park is less than the Purchase Period, you will not be entitled to any refund of the Parking Fee or Purchase Fee for the period of time that your vehicle was not parked in the Car Park (Understay Charge).

10 Vehicle restrictions
10.1 Each Car Park has its own height and other entry restrictions. You are responsible for ensuring that your vehicle complies with these requirements. Details of the height and other restrictions for each Car Park are available on the Website.

11 Marketing
11.1 By registering to use the Online Purchasing Service, you consent to us contacting you by telephone, email or SMS to provide you with information regarding our other products and services. You may opt out of receiving such information at any time.

12 Termination
12.1 You may terminate your registration by sending an email to us requesting termination. We may terminate your registration or restrict your access to the Online Purchasing Service if: (a) you breach the Purchase Online Terms; or (b) you engage in any conduct that we determine (in our absolute discretion) is an abuse of the Online Purchasing Service, including without limitation by engaging in conduct which we determine in our sole discretion is adverse to our interests or is defamatory or demeaning to us, or to any third party, or is otherwise inappropriate in our sole discretion.

12.2 If we terminate your registration we may, but are not obliged to, refund to you any amounts you have already paid to us for unused parking services which you have purchased via the Online Purchasing Service.

13 Liability
13.1 To the extent permitted by law we exclude any condition, warranty or guarantee which would otherwise be implied into these Terms.

13.2 You agree that if we breach any express or implied provision of these Terms to the extent permitted by law, our liability to you is limited to the resupply of the Online Purchasing Service or the cost of resupplying the Online Purchasing Service to you.

13.3 We are not liable to you for any special, indirect or consequential loss or damage that you suffer or incur as a result of or in connection with your use of the Online Purchasing Service or the Car Park.

13.4 We are not liable to you for any loss or damage that you suffer or incur in connection with your use of the Online Purchasing Service or the Car Park, unless such loss or damage is directly caused by us.

14 Privacy
14.1 We are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).

14.2 By registering for the Online Purchasing Service, you consent to us collecting and using your personal information (as defined in the Privacy Act) in accordance with these Terms and our Privacy Policy.

14.3 You can view our Privacy Policy on our Website.

15 General
15.1 The laws of New South Wales, Australia govern these Terms.

15.2 If any provision of these Terms is found to be invalid or unenforceable by a court of law, it will be severed from the agreement and the remaining provisions will continue to apply.

15.3 Any failure by us to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
By using Secure Parking’s Online Purchasing Service, you agree to these terms and conditions.