WEBSITE TERMS & CONDITIONS

Nelseen Pty Ltd ATF Nelseen Unit Trust T/A Citywest Carpark (ABN 24 936 172 035) (we, us and other similar expressions) welcomes you, the viewer and user of www.citywestcarpark.com, www.citywestcarpark.com/connect which includes any facilities, applications or services accessible through it (this website).

1 Acceptance of these terms of use

1.1 We provide this website subject to these terms of use. Before you browse or use this website, it is important that you read, understand, and agree to these terms of use.

1.2 In using this website, you agree to be bound by these terms of use. If you do not accept these terms of use, you must refrain from using this website.

2 Application of these terms of use

2.1 These terms of use apply to your use of this website, including any facilities and services accessible through it, including access to and use of our Connect Monthly Parking webapp.

3 Access

3.1 You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. Your Access to this website may be terminated at any time by us without notice to you.

4 Privacy

4.1 We are committed to your privacy. Our contact details are available by visiting www.citywestcarpark.com or www.citywestcarpark.com/connect.

4.2 We generally collect personal information about you directly from you, but may also collect personal information about you from third parties.

4.3 We use your personal information to provide our services to you, to seek your feedback and improve our service, to carry out management and administrative activities, to conduct research and to communicate with you. If all the information is not provided, we may not be able to supply our services.

4.4 Your personal information may be disclosed to our related entities, service providers and contractors, auditors, and we may be required, as a result of contractual obligations, to disclose personal information we collect to landlords of parking facilities we operate.

4.5 We have a privacy policy which includes information about how we collect, store, use and disclose your personal information; about how you may access the personal information about you that we hold, and how you may seek correction of that information; and about how you may complain about a breach by us of the Australian Privacy Principles, and how we will deal with such a complaint.

4.6 A copy of our privacy policy is available upon request or by visiting www.citywestcarpark.com or www.citywestcarpark.com/connect.

5 Variations

5.1 We may change these terms of use at any time by publishing the varied terms on this website. You accept that by us doing this, we have provided you with sufficient notice and your continued use of this website will represent an agreement by you to be bound by the terms of use as amended. It is your responsibility to regularly check these terms before using this website.

6 Registered user

6.1 In order to access various parts of this website or access particular content available on this website, you must become a registered user. For example, additional terms of use apply to any person who becomes a member of our Connect Monthly Parking webapp.

7 Restricted use

7.1 You are authorised to reproduce any content available on or accessible from this website (Content) for non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee.

7.2 Reproduction of this website and the Content on it, including by screen scraping or any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with this website, is strictly prohibited, unless such reproduction is for non-commercial use or otherwise approved by us in writing. If you require any Content for your commercial use please contact us and we can discuss a formal access arrangement.

7.3 When using this website, you agree not to do any of the following:

(a) intentionally or unintentionally violate any applicable law or regulation;

(b) without our prior written approval, on-sell Content obtained from this website.

(c) use this website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights or privacy, or which restricts or interferes with this website;

(d) reverse engineer, reverse assemble or reverse compile all or part of this website;

(e) enter into any transaction relating to access or use of this website with a party other than us, without our prior written consent; or

(f) attempt to gain unauthorised access to this website, computer systems or networks connected to this website, through hacking, password mining or any other means.

8 Content

8.1 All Content is provided by us or by others in good faith. You accept that the Content provided by us is general information and is not in the nature of advice. We have derived the Content from sources which we believe to be accurate and up to date as at the date of publication.

8.2 We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purpose, nor do we undertake to keep this website or the Content up to date. This applies to Content provided by us and to Content provided by others.

8.3 Without limiting the general application of clause 8.2, you acknowledge that despite our reasonable precautions, information about car park hours of operation, availability and pricing contained on this website or through applications accessible through this website may be listed incorrectly due to typographical error, mechanical malfunction, or human error.

8.4 Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

8.5 You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the website you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

(a) the accuracy or otherwise of the content displayed or omitted from this website;

(b) any person’s reliance on content available or omitted from this website;

(c) any loss in connection with the use of this website.

8.6 You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.

8.7 Except as specifically stated otherwise, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of Content contained on this website.

9 Communication with us and others

9.1 This website contains communication facilities which allow you to communicate with us and others through online enquiry and feedback forms, and may contain other electronic messaging and notice services (Communication Facilities).

9.2 You acknowledge that the Communication Facilities may be public and not private. You should take care to ensure that any communications you make using the Communication Facilities comply with requirements set out in clause 9.3.

9.3 When using the Communication Facilities or this website, you must not, and you must not authorise, aid, abet encourage or incite any other person, to post or transmit any information, image, text or other material of any kind whatsoever:

(a) that is not original material in which you own copyright, unless you are authorised by the copyright owner to post or transmit that material on this website;

(b) that violates or infringes upon the rights of any other person;

(c) that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;

(d) that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(e) that contains a virus or other harmful component;

(f) that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or

(g) that is knowingly incorrect, misleading or deceptive.

9.4 In addition, you must not excessively use the Communications Facilities in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of this website.

9.5 You acknowledge that we do not review, screen or approve any communications made using the Communication Facilities. Responsibility for the content of material posted on this website rests solely with the person who posts it. Where that content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

10 Advertisements

10.1 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertiser’s own websites) rests solely with the advertisers. The placement of advertisements on this website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

11 Copyright

11.1 Copyright in the Content and this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.

11.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 of the Commonwealth of Australia and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means:

(a) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any Content, goods or services obtained from any part of this website,
without our prior written approval.

12 User licence to us

12.1 By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

(a) use, copy, sublicense, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and

(b) sublicense to any third parties the unrestricted right to exercise any of the rights granted in paragraph (a).

12.2 The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.

12.3 You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.

12.4 At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.

13 Viruses

13.1 You must make your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

13.2 We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

14 Security of information

14.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.

15 Availability

15.1 While we intend to make this website available 24 hours a day, seven days a week, on occasions it may be unavailable to permit maintenance or other development activity to take place.

15.2 We may temporarily limit or suspend the availability of all or part of this website if it is necessary for reasons of public safety, security or maintenance, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.

16 Linked sites

16.1 The website may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.

16.2 We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.

16.3 No links from external websites to this website are permitted without our prior written approval.

17 Limitation of Liability

17.1 Terms, conditions, warranties and guarantees implied by law which cannot be excluded, restricted or modified apply to these terms and your use of the website to the extent required by that law.

17.2 We exclude to the extent permitted by law all other terms, conditions, warranties and guarantees which might be implied into these terms.

17.3 Where the breach relates to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, our sole liability in respect of any claim made by you against us, arising out of breach of any terms, conditions, warranties or guarantees implied by law is limited at our option to one or more of the following:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

17.4 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these terms of use. In particular, we make no warranty or representation that the website will always be available, accessible, secure or operate without error.

17.5 Subject to clause 18.1 and 18.3 we do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on Content. This clause does not apply if we have acted negligently or wilfully breached these terms.

18 Indemnity

18.1 You agree to hold harmless and indemnify us and our subsidiaries, officers, agents and employees from and against any loss, damage or costs that we, or any of our subsidiaries, officers, agents and employees, may incur in connection with your breach of these terms of use or any other legal obligation by you or your use of this website.

19 General information

19.1 These terms of use supersede any prior agreements between you and us in respect of your use of this website. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through this website.

19.2 Headings in these terms of use are for convenience only and do not affect interpretation.

19.3 Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.

19.4 If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use are to continue in full force.

19.5 Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

CARPARK TERMS & CONDITIONS

You means anyone entering this Car Park. By entering this Car Park, you accept that a contract is formed between us on the following terms and conditions (Terms) (and no other):

1. If you do not accept the Terms you and any vehicle in which you entered (Vehicle) must immediately leave the Car Park. If you do so we will not charge a parking fee.

2. You must comply with all rules and directions displayed within the Car Park and any directions given to you by our staff. The Vehicle may only park in an area marked “Reserved” if that area is reserved for the Vehicle or the Vehicle is otherwise authorised by us to park in that area.

3. The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted or modified. These Terms do not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified. However to the extent permitted by the ACL and subject to any other legal restriction we exclude any terms, conditions, warranties, guarantees or other liability that might apply to us in respect of these Terms or anything done under them. For services other than services of a kind ordinarily acquired for personal domestic or household use or consumption we limit our liability, as permitted by the ACL, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again. Unless you acquire anything under these Terms as an individual and wholly or predominantly for personal, domestic or household use or consumption and we cannot exclude liability, we are not liable for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by us or our employees or agents.

4. You must pay us all parking fees and other costs incurred in relation to the Vehicle upon demand. A further parking fee is payable each time the Vehicle enters the Car Park. If you lose or fail to present a ticket required to be presented upon leaving the Car Park, you will be charged the maximum amount.

5. If you are a Monthly Parking subscriber, all fees must be paid for in full for the month in advance. Automated recurring billing occurs on the 1st of the month. If payment is unsuccessful, we allow a 3 day grace period to receive payment, if after the 3 day grace period we still have not received payment, your Access Card will be put ‘ON HOLD’ and will cease to function until all fees have been paid for and received in full. Monthly Parking subscriptions can be cancelled at any time in your Connect Dashboard. Cancellations are instantaneous and no further billing will occur. Any remainder of fees (days) paid in advance (if any) are not refundable. Your Access Card will remain ‘ACTIVE’ and functioning until the end of the last day of the month that you are paid up to.

6. This contract does not affect any common law or statutory lien or other rights we have over the Vehicle. You grant us a ‘security interest’ as defined in the personal Property Securities Act 2009 Cth. to secure everything you owe us. We may retain possession of the Vehicle until everything you owe us in respect of this contract has been paid. Parking fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs. If amounts due to us remain unpaid after 30 days, you agree that we can sell the Vehicle and use the proceeds to pay the amounts you owe us and you agree to take all steps required by us to permit us to do so.

7. We reserve the right for us and our contractors or agents to enter the Vehicle and to move it if we decide reasonably that is necessary in an emergency or if we reasonably consider it necessary for 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 because you breach these Terms or have caused obstruction or during the period of retention or sale for non-payment.

8. 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.

9. You must indemnify us in respect of all losses, costs or expenses which we 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. This clause does not affect any rights you have under the ACL or other law which cannot be excluded or modified.