CAR PARK TERMS AND CONDITIONS

Car Park Terms and Conditions

iQ Westmead Car Park Terms of Entry

1.0 Formation of agreement

(a) These Terms of Entry apply to any person or Vehicle entering this Car Park.

(b) By entering this Car Park, you acknowledge and agree that a legally binding agreement between you and us takes effect on the terms and conditions set out in these Terms of Entry.

(c) If you do not accept these Terms of Entry, you must not enter the Car Park. If you cannot turn your vehicle around, you may enter the Car Park but must immediately exit the Car Park otherwise a fee will apply for the time your Vehicle is spent within the Car Park.

2.0 Entry and Use

(a) By entering into this Car Park you agree and expressly consent to:

(1) be bound by these Terms of Entry;

(2) not park your Vehicle within the Car Park for a continuous period of more than 24 hours;

(3) be responsible for ensuring your Vehicle complies with size and height restrictions that apply in this Car Park;

(4) access this Car Park only during the Operating Hours as displayed at the Car Park entry;

(5) comply with all laws and requirements relating to safety and security;

(6) the collection, storage and use of your personal information including footage and still images of Vehicles, their parking location, drivers and licence plate numbers;

(7) obey all lawful rules and directions displayed within this Car Park and any lawful directions given to you by our staff. A Vehicle may only be parked in an area marked “Reserved” if that area is reserved for that Vehicle or the Vehicle is otherwise authorised by us to park in that area; and

(8) pay us upon demand all parking fees and other costs incurred in relation to the Vehicle being in the Car Park, based on the schedule of fees displayed at the time of entry into this Car Park or any other fee arrangement we may have agreed with you. A further parking fee may be payable each time the Vehicle enters the Car Park.

(d) We reserve the right for us and our contractors or agents to enter the Vehicle and to move it if we decide that is reasonably necessary to do so in an emergency or the safe or efficient operation of this Car Park. We may charge you a reasonable amount for moving the Vehicle if the need to move it arises:

(1) because you breach these Terms of Entry or have caused obstruction; or

(2) we reasonably believe the Vehicle is abandoned.

(e) 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.

3.0 Access and indemnity

(b) You agree that entry and use of this Car Park is at your own risk. We may refuse entry to any Vehicle or person for any reason.

(1) injury to you or anybody else; or

(2) damage to, destruction of, theft of or unauthorised delivery up of any property (including anything in or on your Vehicle or any other Vehicle).

(f) You must indemnify us in respect of any claim made against us and any expenses, liability, damage, loss, cost or injury incurred or suffered by us in respect of:

(1) a breach of these Terms of Entry by you;

(2) the Vehicle; or

(3) your use of this Car Park.

(g) You release us from all actions, demands, claims and liabilities for any loss, death, damage (whether damage to a person or property) occurring in this Car Park, including but not limited to, as a result of risk. We are not liable for any loss or damage to, without limitation, any vehicles, accessories, contents or personal property left with us, in the Vehicle or in this Car Park.

(h) Each exclusion of liability in these Terms of Entry is subject to any law which restricts or prohibits that exclusion of liability under the Australian Consumer Law (ACL) and these Terms of Entry do not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified.

(i) CCTV and digital camera may operate in this Car Park. The cameras installed for Car Park use may operate to collect images of vehicles, their car parking location, drivers and licence number plates and to monitor and manage the occupants of the Car Park.

4.0 Interpretations

(a) In these Terms of Entry:

(1) Car Park means “Innovation Quarter Westmead Car Park”, including all the property constituting the Car Park including entry and exit ramps, driveways, elevators, boom gates, ticket machines and stairs servicing the Car Park;