By entering this Car Park (subject to clause 1) or using a mobile phone or digital application provided by a third party to facilitate parking in this Car Park (Parking App), you (and all those claiming through you) accept that a contract is formed between Ardmillan Place Nominees Pty Ltd ABN 40 009 717 515 (we, us and our) us on the terms and conditions (and no other) set out below (Terms):

1.     (Acceptance of Terms) If you do not accept these Terms, you and the vehicle in which you entered (Vehicle) must immediately leave the Car Park.

2.     (Rules) You must comply with these Terms, all rules and directions as displayed within the Car Park, any directions given to you by our staff and any rules included in the Parking App.

3.     (Service Warranty) We warrant that any services provided by us will be rendered with due care and skill. We make no other express warranties in relation to the services we provide. All other warranties, representations and conditions relating to the services (whether express or implied and whether arising in contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded.

4.     (Risk) Your Vehicle is parked with us solely at your risk and cost. Subject to any limitations or exclusions forbidden or restricted by statute or at law, we will not be liable to you or any person nor for any loss, expense, theft or damage whatsoever (including to your Vehicle and any contents) and nor for any injury or death arising from any persons activity in the Car Park.

5.     (Online Risks) Using technology, including the Parking App, includes inherent risks, like loss of service, outages, delays, loss of data, malicious or careless breaches of data security, and infection of your equipment by viruses or malware. You must only access the Parking App through secure means. You must exercise caution if you use public or unsecured computers or devices, and you accept responsibility for all risk should you choose to do so. We are not liable for any loss or damage caused or contributed to directly or indirectly by your use of the Parking App, which is provided by a third party.

6.     (Release) You release us from all actions and demands due to any loss, death, damage, or injury occurring in the 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 vehicle, accessories, contents, or personal property left with us, in the Vehicle, or in the Car Park.

7.     (Indemnity) You indemnify us in respect of all losses, costs (including reasonable legal costs) or expenses that we may 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.

8.     (ACL) You acknowledge that our liability under any statutory right or any condition or warranty implied by the Competition and Consumer Act 2010 (Cth) (or similar state legislation) which cannot be excluded is to the extent permitted by law limited, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again.

9.     (Liability Exclusion) Subject to your rights under the Australian Consumer Law (ACL) which cannot be excluded, we are not liable to you (or any passengers in the Vehicle, or any other party) for any loss, damage, injury, or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunity, exemplary or punitive damages) whether to person or property (including the Vehicle) and whether arising from default, negligence, misconduct or otherwise by us, our employees, agents and contractors.

10.  (Parking Fees) It is a condition of entry to the Car Park that you pay all parking fees for your use of the Car Park (Parking Fee). The Parking Fee is payable on the Parking App. A further Parking Fee is payable each time the Vehicle enters the Car Park. Without limiting any other rights available to us, we reserve the right, at our absolute discretion, to: (a) tow or remove; or (b) issue or procure the issue of infringement notices, to any Vehicle parked in the Car Park that has not paid the Parking Fee or has not paid the correct Parking Fee for the duration of its stay in the Car Park.

11.  (Vehicle) A Vehicle must fit within a standard car park space, as reasonably defined by us. 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.

12.  (Abandoned Vehicles) Unless you notify us in advance to the contrary, any Vehicle remaining in the Car Park beyond 10 days will be moved and after a further 28 days will be deemed abandoned, at which point we may exercise our right of sale in accordance with the provisions of the ACL.

13.  (Vehicle Movement) Where necessary for operational, safety or security reasons, we reserve the right to enter the Vehicle and move it. Subject to your rights under the ACL, you agree that we have no liability for any loss or damage caused as a result of entering and moving the Vehicle for these purposes.

14.  (Damage Liability) You are liable 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.

15.  (Parking Bays) Vehicles must be parked within marked bays only.

16.  (Penalties) Penalties may occur for failure to comply with these Terms.

17.  (Changes to Terms) We may change these Terms from time to time at our discretion. Any revised Terms will be posted on this website and/or displayed in the Car Park and effective when you next enter the Car Park. You should regularly check and read these Terms.

Last updated: June 2024