Terms and Conditions of Car Park Entry -- Version 2.0
Risk Warning
Entering and using this car park involves significant risks, which may include, but are not limited to, property damage, personal injury, or even death. Such risks may arise from third-party drivers, pedestrians, weather conditions, theft, malicious damage, equipment malfunctions, and the general condition of the car park. By entering, you accept and assume all associated risks and acknowledge that the Catholic Parish of Epping and Carlingford is not liable for the actions of third parties.
1. Definitions
1.1 Catholic Parish of Epping and Carlingford ("we," "us," or "our") refers to the organization responsible for managing this car park.
1.2 You refers to any person entering this car park, including drivers, passengers, and any other individuals under your care, such as minors or elderly individuals.
1.3 Car Park designates this private facility intended for the use of the Church and School Community and visitors to our facility. Please note that parking charges apply outside of scheduled church services and school functions.
2. Acceptance of Terms
2.1 These conditions apply to the use of our car park at 6 Cambridge Street, Epping, New South Wales, Australia. The interpretation of these Car Park Terms & Conditions shall be governed in accordance with the laws of New South Wales, Australia.
2.2 By entering this car park, you agree to form a legally binding contract with the Catholic Parish of Epping and Carlingford based on these Terms and Conditions.
2.3 If you do not agree to these Terms, you must immediately exit the car park with any vehicle in your possession. If you leave promptly upon reading this notice, you will not incur any parking fees.
3. Compliance and Conduct
3.1 Rules and Instructions: You must comply with all posted signs and directions within the car park. Follow any instructions given by our staff to ensure a safe and orderly environment.
3.2 Reserved Areas: You may only park in spaces marked as “Reserved” if you have prior authorization from us or if your vehicle has been specifically assigned to that area.
3.3 Driving Safety: Drive with caution and obey the speed limit of 10 km/h. Park only in designated bays to facilitate the smooth operation of the car park and to prevent accidents.
3.4 Special Attention to Children: Please be especially cautious around children, particularly during peak times such as school drop-off and pick-up.
3.5 Respectful Conduct: Show respect to all car park users, including other drivers, pedestrians, and our staff or contractors. Rude, aggressive, or disruptive behavior is strictly prohibited.
3.6 Exclusion to use the car park: We reserve the right to exclude any person or vehicle from entering the car park at our absolute discretion. This may be, but not limited to, past behavior, or perceived danger to people's welfare or for the preservation of property.
4. Consumer Guarantees and Legal Rights
4.1 Under the Australian Consumer Law (ACL), consumers are entitled to certain guarantees that cannot be excluded, restricted, or modified. These Terms do not override or limit any rights provided under the ACL.
5. Limitation of Liability
5.1 Remedy: We limit our liability, as permitted by the ACL, to re-supplying the services or a suitable discount.
5.2 Exclusions: To the extent allowed by law, we exclude liability for indirect, special, consequential, or economic loss or damage, whether or not arising from our negligence or that of our employees or agents.
5.3 No Additional Warranties: Except as required by law, we exclude all express and implied warranties, guarantees, and terms not stated in these Terms.
6. Property Security and Custody Limitations
6.1 Our staff, agents, and contractors do not have the authority to accept goods for safekeeping. We disclaim liability for any loss or damage to any vehicle or property left in the car park or with any staff, agents, or contractors.
7. Release of Liability
7.1 You release us from all claims or demands resulting from loss, death, damage, or injury in the car park, whether due to third-party actions, environmental conditions, or other risks. We are not liable for any damage to vehicles, accessories, or personal property, regardless of cause.
8. Parking Fees and Payment Obligations
8.1 Fee Schedule: Parking fees and other applicable charges are due upon demand, based on the posted rates at the time of entry or any specific arrangement we may have with you.
8.2 License Plate Recognition (LPN): We use LPN technology to monitor entry and exit times. Your LPN will serve as the basis for all legal and fee-related purposes. In cases where your LPN is unreadable, a photograph of your vehicle will serve as proof of entry and exit. We are not obligated to provide these images to you.
8.3 Payment Obligations: Fees may include time-based charges, out-of-hours access fees, and penalties for unreadable LPNs or intentional obstruction.
8.4 The car park will be closed between the hours of 12:00 midnight and 6:00 am. Vehicles that remain in the car park overnight will attract a full day fee. An additional opening fee will be charged to open the carpark using our afterhours service.
9. Security Interest in Your Vehicle
9.1 Granting of Security Interest: You grant us a security interest in your vehicle to secure unpaid amounts owed under this contract. We reserve the right to retain your vehicle until all dues are paid.
9.2 Sale of Vehicle: If payment remains outstanding after 30 days, we may sell your vehicle to recover the debt. You agree to take all necessary actions to facilitate this process. Parking fees continue to accrue during any retention period.
10. Vehicle Movement and Charges
10.1 Authorization to Move Vehicles: We reserve the right to move your vehicle in emergencies or if deemed necessary for the efficient operation of the car park.
10.2 Movement Charges: Charges apply for moving a vehicle in cases of obstruction, abandonment, or non-compliance with these Terms.
11. Responsibility for Damage to Car Park Property
11.1 You are liable for any damage caused to the car park by you or your vehicle, including, but not limited to, damage from fluid leaks or impacts with infrastructure.
12. Indemnity
12.1 You agree to indemnify us for all costs and losses arising from breaches of these Terms or any damage caused by your vehicle or actions. This indemnity is limited where our negligence is the cause.
13. Physical Risks
13.1 We strive to maintain a safe environment, but using this car park involves risks from various factors such as weather, third parties, theft, and equipment malfunctions. You accept these inherent risks.
14. Online Risks and Technology Limitations
14.1 We make reasonable efforts to ensure the security and functionality of our online services. However, online interactions may involve risks, including service disruptions, data loss, security breaches, and malware.
14.2 User Responsibility: You assume responsibility when accessing online services on public or unsecured devices.
14.3 Fraudulent Activity: We assume no responsibility for any fraudulent activity including, but not limited to, fraudulent images, signs or internet links exhibited on our premises.
15. Service and Availability Disclaimers
15.1 Service Continuity: We cannot guarantee uninterrupted access to our services or parking facilities at all times.
15.2 Availability Variability: Availability of certain services, including prepay options or payment channels, may vary within the car park and timing.
16. Obligations to Exercise Caution
16.1 You are expected to exercise reasonable caution to avoid causing harm to yourself, other users, and property. You indemnify us for any damages caused by your negligence or failure to comply with these Terms, except where caused by our willful default or negligence.