Conditions of Entry
1. Parking your car in the car park indicates your acceptance of these conditions. If you do not agree to these conditions, please leave the car park within ten minutes (no charge will be incurred).
2. Lock your vehicle and take the keys with you.
3. Your vehicle and its contents enter and remain in the car park totally at your own risk. UPark shall not be liable for:
a. Any damage to or loss or theft of your vehicle or its contents and for any loss suffered by any person as a result
b. Any injury to any person resulting from the use of this car park; and
c. Any consequential or indirect damages, or any other form of compensation whatsoever for any acts or omissions of UPark or its servants arising out of the use of the car park, even the acts or omissions were foreseeable. 4. Whether such damage or loss occurred as a result of negligence or otherwise, except where these conditions (or any part of) would contravene any statute (including the Trade Practices Act) or cause part of the conditions to be void.
5. You Must:
a. Not park in reserved parking bays unless you are authorised by UPark to do so.
b. Park within the confines of one bay.
c. Not obstruct other vehicles or access to them.
d. Pay the fee set by UPark.
6. Any person requesting to remove a vehicle from the car park without producing the parking ticket/token or paying the fee incurred will be required to produce photographic identity to the satisfaction of the UPark operator.
7. Council may require police attendance when a request is made to remove a vehicle without payment of the fee incurred.
8. For the purpose of customer safety, protection of property and the provision of efficient operation, UPark uses CCTV and alarm security surveillance systems. This means you may be monitored or captured on CCTV footage. We reserve the right to use these images for these purposes.
Terms & Conditions: Monthly Parking
1.1 “the Applicant” means you
1.2 “the Council” means the City of Adelaide
1.3 “the Fee” means the amount that you must pay to the Council each calendar month
1.4 “Car Park” means the Car Park which has been quoted
The Applicant applies for monthly parking within a UPark car park as per the the fee quoted. When the Applicant pays their first invoice, the Applicant agrees to be bound by the following terms and conditions.
2.1 An access card for the car park shall be supplied to the Applicant by the Council.
2.2 The access card must be produced when you enter the car park
3.1 The Applicant must pay to the Council the once off Administration set up fee at commencement of the agreement.
3.2 The fee must be paid to the Council each calendar month in advance for each month or part month that this agreement continues.
4.1 The Applicant must only use their assigned reserved bay or if unreserved, any vacant non-reserved bay, unless an authorised person directs you to another site.
4.2 If the Applicant parks in other spaces without permission, Council may terminate this Contract immediately and without refunding any of the Fee to you.
4.3 The car park can be used 24 hours 7 days a week.
4.4 The Council has the right to alter the hours of operation of any of its car parks temporarily without notifying the Applicant.
5.1 The Council may end this contract at any time by giving the Applicant one month's notice in writing.
5.2 The Applicant may end this contract at any time by giving Council one month's notice in writing.
5.3 The access card will be cancelled and the Applicant must pay to the Council all outstanding fees.
6. Conditions of Entry
The Application accepts the Council’s conditions of entry as displayed near the entrance of the car park and this webpage.
Terms & Conditions: Online Pre-Booking System
In this Agreement:
1.1. Access Credit Card and Entry Card means the credit card nominated by you at the point of booking to be used to have access to the Car Park to redeem the Reservation.
1.2. Booking Confirmation means the confirmation issued to you by UPark to accept your booking request (or cancellation request if applicable) submitted online via the UPark booking system. The Booking Confirmation shall specify the time, date, price and Car Park for the accepted booking request (or the same details for a cancelled booking request as applicable) and it will include a unique booking reference number.
1.3. Car Park means the Car Park detailed in the Booking Confirmation.
1.4. Conditions of Entry means the UPark Conditions of Entry as updated from time to time and published on the website: www.cityofadelaide.com.au and displayed at the Car Park.
1.5. Grace Period means the period of time before the entry time and following the exit time specified in the Booking Confirmation during which you may access the Car Park to redeem your Reservation without additional charges.
1.6. Closing Time means the time at which the Car Park closes on the Reservation date as listed in the Hours of Operation published on the UPark Website.
1.7. Parker, User and references to you and your means the person making the online booking and entering the Car Park to redeem the Reservation, or any other person that enters the Car Park to redeem the Reservation in the event that the person booking is not one and the same as the person entering the Car Park
1.8. Parking Charge means the charges for the parking services provided by UPark and referred to in the Booking Confirmation issued to you by UPark.
1.10. Reservation means the booking of a UPark parking space for the time, date, price and Car Park specified in the Booking Confirmation issued to you by UPark.
1.11. Reservation Period means the entry and exit times and dates specified in the Booking Confirmation issued to you by UPark.
1.12. UPark booking system means the online booking system operated via the UPark Website.
1.13. UPark and references to we or our means the UPark business unit of the Corporation of the City of Adelaide (ABN 20 903 762 572).
1.14. UPark Website means upark.com.au and prebook.upark.com.au
In this Agreement, unless the context requires otherwise:
2.1. a reference to the Parker, User or UPark includes that party, its successors, legal representatives and permitted assigns.
2.2. a reference to a person includes an individual, corporation, partnership, association a governmental body and any other entity; and
2.3. words importing the singular include the plural and vice versa.
3. Access & Registration
3.2. A binding agreement will come into force when you have completed an online purchase through the UPark booking system, payment of the purchase has been validated by UPark and UPark has accepted the purchase by issuing a booking reference number to you as shown on the Booking Confirmation.
3.3. Unless otherwise stated in the Booking Confirmation, you will not have exclusive use of any particular parking bay. You must ensure that your vehicle is only parked in an available ‘casual’ parking bay (i.e. a parking bay that is not marked ‘RESERVED’) unless directed otherwise by an authorised UPark staff member.
3.4. You will gain entrance to the Car Park by inserting or waving the Access Credit Card at the appropriate credit card reader on the entry machine on arrival at the Car Park.
3.5. If the Parker is not in possession of a valid Access Credit Card when entering or leaving the Car Park, the Parker will pay the applicable ordinary daily parking tariff charged by the UPark to persons using the Car Park on a casual basis. The ordinary daily parking tariff must be paid by the Parker prior to exiting the Car Park.
3.6. UPark is entitled to deny the Parker access to the Car Park for any reason at any time.
3.7. Regardless of any request the Parker may make to the contrary, UPark may remove any vehicle left within the Car Park in contravention of these Terms and Conditions or any other applicable terms and conditions.
3.8. In order to make a booking, you must register as a user of the UPark Pre Booking System.
3.9. Registration is free.
3.10. When you register you will be required to provide a unique email address and a password is set up for you to access the Pre Booking System. It is your responsibility to ensure your password is kept confidential at all times.
3.11. Your UPark Pre Booking account is unique to you and cannot be transferred.
3.12. You must ensure that any details provided during registration or booking are accurate and you must notify us if any of your details change.
4.1. You can complete and submit a booking request via the UPark booking system.
4.2. A Booking Confirmation will be issued to you upon acceptance of the Reservation by UPark. This will include a unique booking reference number.
4.3. Your Reservation is valid for the time, date and at the Car Park specified in your Booking Confirmation.
4.4 Bookings are valid for one entry and one exit, unless specified in the product (e.g. 5-Day Mon-Fri Early Bird).
5.1. When you make an online booking, you must pay the Parking Charge via either a MasterCard or VISA credit card.
5.2. The Parking Charge will be confirmed to you on screen prior to submission of your booking request and payment.
5.3. By providing UPark with your credit card details when you submit your online booking request, you are authorising UPark to charge your credit card with the Parking Charge.
5.4. The Booking Confirmation issued to you on completion of your online booking transaction will be your Tax Invoice/Receipt. A copy of the Booking Confirmation will also be sent to you at your nominated email address.
6. Reservation Times
6.1. Access will be granted to the Car Park at the date and time specified in your Booking Confirmation.
6.2. A 30 minute Grace Period, prior to the entry time specified in the Booking Confirmation will be allowed for you to enter the Car Park early at no extra cost. The 30 minute Grace Period will not apply where the entry time specified in the Booking Confirmation is the opening time of the Car Park or is less than 30 minutes after the opening time, whereupon the Grace Period will commence at the opening time. If the booking is made 1 hour or less before the commencement of the Reservation Period (booked entry time) the 30 minute Grace Period will also not apply.
6.3. Entry prior to the Grace Period will result in the forfeiting of your Reservation and any associated fees and you will be charged the usual casual parking rate for the length of your stay.
6.4. A 60 minute Grace Period, post the exit time specified in the Booking Confirmation will be allowed for you to exit the Car Park at no extra cost, except in the following instances: 6.4.1. The 60 minute Grace Period will not apply where the exit time specified in the Booking Confirmation is the Closing Time of the Car Park or is less than 60 minutes prior to the Closing Time, whereupon the Grace Period will expire at the Closing Time.
6.4.2. In instances where there is no Closing Time and the Car Park remains open continuously, the 60 minute Grace Period will not apply where the exit time specified in the Booking Confirmation is midnight or is less than 60 minutes prior to midnight, whereupon the Grace Period will expire at midnight.
6.5. Exit after the expiry of this Grace Period will result in additional charges at the casual parking rate. Any additional charges are payable prior to exiting the Car Park.
6.6. You will not be entitled to any full or partial refund if you exit earlier than your booked exit time.
7. Duties of the Parker
The Parker must:
7.1. allow UPark access to any part of the Car Park at any time for the purpose of inspecting it, doing any necessary repairs or for any other purpose specified by UPark;
7.2. observe and conform to all the rules and regulations relating to the use of the Car Park and issued by UPark from time to time;
7.3. use the Car Park only in accordance with these Terms and Conditions and the Conditions of Entry;
7.4. indemnify UPark and City of Adelaide against any loss or damage it may suffer arising out of the Parker’s or any User’s negligence or breach of these Terms and Conditions; and
7.5. ensure that any User complies with all of the Parker’s obligations under these Terms and Conditions as if he or she was the Parker.
8. No Safe Custody or Liability
8.1. No employee, agent or contractor of UPark has authority to accept any goods for safe custody and UPark will not be liable in any case for any loss of or damage to any article alleged to have been left with UPark or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.
8.2. UPark is not liable for the loss of or any damage to any vehicle, accessories, contents or articles left with UPark for safe custody, whether the loss of or damage arises from negligence, theft or any other cause.
8.3. UPark is not liable for any loss suffered by the Parker arising out of or in any way connected to the provision of parking by UPark to the Parker (whether arising from negligence or otherwise) including, without limitation, any change to the services set out in these Terms and Conditions or inaccuracies or errors in any information related to parking, services or pricing.
8.4. The Parker acknowledges and agrees that the Parker is solely responsible for the safe parking of the Parker’s vehicle in the Car Park and that the Parker’s vehicle is switched off, the ignition keys are removed and the vehicle is securely locked.
9. Cancellation & Termination
9.1. You may cancel your online booking Reservation up to 1 hour before the commencement of the Reservation Period using the UPark booking system and UPark will refund your online Parking Charge.
9.2. If you cancel your online booking Reservation later than 1 hour before the start of the Reservation Period, then you will not be entitled to a refund of the Parking Charge.
9.3. If you do not attend the Car Park to redeem your online booking Reservation for any reason you will not be entitled to a refund.
9.4. You can change your online booking Reservation up to 1 hour before the commencement of the Reservation Period using the UPark booking system. You may not amend an online booking Reservation after this time. The amendment process will cancel your original booking and refund the Parking Charge, whereupon you can enter your revised booking request and payment.
9.5. UPark may elect to cancel your online booking Reservation at any time at our discretion or UPark may be unable to provide you with the services specified on your Booking Confirmation in some circumstances. If so, UPark will refund the full amount of your Parking Charge for the online booking unless UPark has cancelled your Reservation due to your failure to attend the Car Park for the Reservation Period or due to your non-compliance with the UPark Terms and Conditions. In the event of UPark cancelling the Reservation or being unable to provide the parking services, the limit of UPark’s liability is the amount of the Parking Charge. UPark is not liable for any loss or damages suffered by any person as a result of UPark cancelling or being unable to provide the parking services.
10. Alteration of Terms & Conditions
10.1. UPark may vary these Terms and Conditions at any time. In that event, UPark will publish the new Terms and Conditions on the UPark Website. Use by the Parker of the Access Credit Card to enter the Car Park constitutes acceptance of the new Terms and Conditions.
11.1. These Terms and Conditions may only be waived if the waiver is in writing and signed by an authorised representative of UPark with delegated authority.
11.2. No time or other indulgence granted by UPark to the Parker will constitute a waiver of any of its rights under these Terms and Conditions or at law and UPark will not be precluded from exercising any such rights against the Parker.
12.1. Nothing in these Terms and Conditions or the agreement between UPark and the Parker creates or will be construed as creating any tenancy or conferring any interest on the Parker by way of lease or otherwise in the Car Park or any part of it.
13.1. Unless otherwise set out in these Terms and Conditions, any notice, approval, consent or other communication relating to these Terms and Conditions or the agreement between UPark and the Parker must be in writing and delivered by hand or sent by electronic mail to the other party’s address. For the giving of Notice, your e-mail address is the e-mail address supplied by you in your user account and UPark’s e-mail address is [email protected] .
Terms & Conditions: UPark Plus
1.1 These Terms and Conditions (Terms) constitute a legally binding agreement between The Corporation of the City of Adelaide (UPark, we or us) and you (and, if applicable, any person or entity on whose behalf you are using this website or who uses your UPark Plus Card to park a vehicle) (collectively, you).
1.2 By using the UPark website and completing the registration process to set up a Customer Account and purchasing or using UPark products you acknowledge that you have read and understood, and agree to be bound by:
18.104.22.168 these Terms and Conditions;
22.214.171.124 the Conditions of Entry (which are displayed at the entrance of each Car Park and published on our website); and
(collectively the Terms and Conditions).
1.3 These Terms and Conditions are in effect while you are using the UPark website and/or use the UPark Plus Card to enter a UPark Car Park.
1.4 These Terms and Conditions apply to you if you are a Business, Corporation or any other legal entity and an Authorised Representative creates a Customer Account in your name. In doing so, that individual (your Authorised Representative) is representing to UPark that they are authorised to accept the Terms and Conditions and you will be bound by them. We will rely on that authority in providing the relevant parking products to you.
1.5 These Terms and Conditions apply to you if you are the account holder or a person using the UPark Plus products (the driver or Parker) with the authorisation of the account holder. You as the account holder must ensure that all Parkers comply with the Terms and Conditions and you are liable in the event of any breach by a Parker, even if UPark has a right to claim against a Parker.
1.6 We may vary these Terms at any time, without notice, by displaying the amended Terms on the Website. You should review the Terms each time before using the UPark Plus Card.
2. Registering and Use of a Customer Account
2.1 The UPark Plus services can be accessed using the UPark website: https://upark.com.au
2.1.1 To use and access UPark Plus products on the UPark website, you will need to register for a Customer Account, using a unique email address and password.
126.96.36.199 We will issue a confirmation email if your application to register a Customer Account to use the relevant UPark Plus products is successful.
188.8.131.52 Your Customer Account is unique to you and cannot be transferred.
184.108.40.206 It is your responsibility to ensure your user name and password are always kept secure and confidential. We will not be responsible for any unauthorised use.
220.127.116.11 You will be issued with one or more unique UPark Plus Cards which will enable access to UPark car parks in accordance with the parking product permissions set on your Customer Account.
18.104.22.168 You are responsible for safe custody of the UPark Plus Card and for any fees incurred as a result of the use of the UPark Plus Card by you and each Parker you authorise, whether or not the use was approved by or known to you or the Parker.
22.214.171.124 Should a UPark Plus Card be lost or stolen, you must notify us promptly by logging in to your account and following the card cancellation and replacement process.
126.96.36.199 Each UPark Plus Card and the associated intellectual property is and remains the property of UPark.
2.2 We reserve the right to reject your application to register for a Customer Account or to purchase a specific parking product. We also reserve the right to revoke your right to use a Customer Account at any time.
2.3 You can manage your Customer Account using the self-service features including to:
2.4 apply for products or request to cancel a product on your account;
2.5 request additional UPark Plus Cards or cancel a UPark Plus Card;
2.6 update your Customer Account details;
2.7 update your nominated Credit Card for the account; and
2.8 view your transaction history and report on UPark Plus Card parking access events and payments.
3. UPark Plus
3.1 The UPark Plus products and parking services are ‘Pay As You Park.’ Pay as You Park casual parking: entitles you to:
3.1.1 Park in any Casual Parking Bay available in the Car Park. You / the Parker must not park in bays marked ‘Reserved’.
3.1.2 Enter and exit the Car Park using the UPark Plus Card provided, no ticket is necessary. Taking a ticket at the entry will prevent you / the Parker from using the UPark Plus Card to pay the fees via your Customer Account at the exit.
4. Payment and Fees
4.1 When using the UPark Plus Card, you agree to:
4.1.1 nominate a credit card as part of registration for your Customer Account (Nominated Credit Card) and ensure that the credit card details which you provide remain correct, valid and current at all times during your use of the UPark Plus Card;
4.1.2 update your credit card details via the website should these details change or should your credit card be cancelled, altered, suspended or expire; and
4.1.3 ensure that there are sufficient clear funds/credit available on your Nominated Credit Card to meet your payment obligations under these Terms and Conditions.
4.2 You agree to:
4.2.1 Authorise UPark to debit your Nominated Credit Card for the applicable Casual Parking Fees incurred by any active UPark Plus Card on your Customer Account or other applicable fees;
4.2.2 Special Offer Pricing will be shown on the UPark website at upark.com.au/upark-plus-specials. We may vary this pricing at any time by amending this pricing on the UPark website. We may also email your provided email address to advise you of amendments. You should ensure your contact details are kept updated and review the special offer pricing on the website each time before you use your UPark Plus card.
4.2.3 These fees are due at the time of completion of the parking transaction and UPark will process payment at the exit from the car park.
4.2.4 Authorise your financial institution to release information to UPark to verify the details of your nominated Credit Card.
4.2.6 Acknowledge and agree that the Customer has no right to any interest earned on the balance or any deposit held by UPark.
4.3 The payment gateway service for the UPark Plus Card is provided by UPark’s contractor. Your credit card details will be stored and retained by UPark’s contractor for your future transactions in accordance with the Payment Card Industry Data Security Standard. You can manage your credit card information by logging into your account, going to the "Modify Account " section and editing your “Payment Details”.
4.4 If there is insufficient credit available in a Nominated Credit Card to meet your payment obligations under these Terms and Conditions, or your Nominated Credit Card is declined, you may be charged additional fees and charges and/or interest by your financial institution and your Customer Account may be suspended. If your Customer Account is suspended, you may be prevented from leaving the UPark Car Park and you will be required to pay any applicable Casual Parking Fees at a pay station or exit before exiting the UPark Car Park.
4.5 If your Nominated Credit Card expires and you enter the Car Park on your UPark Plus Card you will need to pay another way at the Pay Station or Exit before you leave the UPark Car Park. You will need to pay another way until such time as you update your Customer Account with a valid credit card.
5. Cancellation and Termination
5.1 You may elect to cancel your UPark Plus Card via your Customer Account at any time using the online process.
5.2 We may elect to cancel the parking services at any time due to your non-compliance with the Terms and Conditions or at our discretion. Or we may be unable to provide you with the services in some circumstances.
5.2.1 If we are unable to provide you with the relevant parking services we will refund the applicable amount of the relevant parking fee charged to you.
5.2.2 The limit of UPark’s liability is the amount of the parking charge. UPark is not liable for any loss or damages suffered by any person as a result of UPark cancelling or being unable to provide the parking services.
5.3 If applicable, we will charge any additional fees such as a UPark administrative, processing or other fees and charges to your nominated Credit Card.
6. Access and Security
6.1 Allocation of UPark Plus Card:
6.1.1 We will supply a UPark Plus Card (or cards) for you to enter and exit the UPark Car Park. To gain entry or to exit the Car Park, the UPark Plus Card must be produced and scanned at the relevant card reader.
6.1.2 You are responsible for keeping the UPark Plus Card secure and must notify us immediately if the card is lost or stolen by logging in to your Customer Account and following the online card cancellation process. You are responsible for any parking fees incurred on the UPark Plus Card until such time that you cancel the card.
6.2 We are entitled to deny a UPark Plus Card holder access to the car park for any reason at any time.
6.3 Regardless of any request you may make to the contrary, we may remove any vehicle left within the car park in contravention of these Terms and Conditions or any other applicable terms and conditions.
6.4 You must comply with the reasonable instructions of UPark staff in accessing UPark’s premises, information technology systems and/or other UPark controlled infrastructure and equipment.
6.5 You the account holder or any person using the UPark Plus Card to park must comply with the Conditions of Entry displayed in the car park.
7.1 Nothing in these terms and conditions or the agreement between you and UPark creates or will be construed as creating any tenancy or conferring any interest on you by way of lease or otherwise in the car park or any part of it.
8. Your information
8.1 Any information you provide in connection with your Customer Account registration must be accurate and complete.
8.2 You must advise us if any of the information you have provided to us changes. To do so you must log in to your Customer Account and modify the relevant account details.
9. Promotional, Marketing and Publicity
9.1 As a Customer you consent to UPark sending you electronic messages and emails regarding any promotional, marketing and publicity activities that we may offer.
9.2 You may unsubscribe from receiving any promotional, marketing and publicity related communications by following the unsubscribe directions provided in the messages or by updating your Customer Account settings online.
10.2 We are not subject to the Privacy Act but we are committed to protecting your privacy. We collect Personal Information to carry out our functions to provide and market our services. We may disclose that information to our suppliers, contractor and advisors who assist us in these activities.
10.3 If you do not provide us with any Personal Information we may request from you, we may not be able to carry out our functions, provide you with our services or otherwise assist you.
10.4 We will usually not provide Personal Information to overseas recipients without consent unless required or authorised by law.
10.6 While we take suitable organisational and technical measures to safeguard the data you provide upon registration, there is never guaranteed security of transmission over the internet. Therefore, please note that we are unable to guarantee the security of any data you transfer through the internet to us.
11. No safe custody or liability
11.1 No employee, agent or contractor of UPark has authority to accept any goods for safe custody and UPark will not be liable in any case for any loss or damage to any article alleged to have been left with UPark or any employee, agent of contractor for safe custody regardless of how that loss or damage is caused.
11.2 UPark is not liable for the loss of or any damage to any vehicle, accessories, contents or articles left with UPark for safe custody, whether the loss of or damage arises from negligence, theft or any other cause.
11.3 UPark is not liable for any loss you suffer arising out of or in any way connected to the provision of parking by UPark (whether arising from negligence or otherwise) including, without limitation, any change to the services set out in these Terms and Conditions or inaccuracies or errors in any information related to parking, services or pricing.
11.4 You acknowledge and agree that you are solely responsible for the safe parking of your vehicle in the Car Park and that your vehicle is switched off, the ignition keys are removed, and the vehicle is securely locked.
12.1 To the extent the law permits, we are not liable for the loss of, or any damage to, vehicles, accessories, contents or other property while in the Car Park or otherwise on UPark premises, whether the loss or damage arises from theft, negligence, collision or any other cause. We will not be liable for release of the vehicle to any person, whether or not that person has authority to possess it. You acknowledge and agree that no employee, contractor or agent of UPark has authority to accept any goods for safe custody. You use the Car Park and leave the vehicle at your own risk.
12.2 We may remove any vehicle left in the Car Park in contravention of these Terms.
13.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and Conditions.
13.2 If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (ACL), nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:
13.2.1 in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
13.2.2 in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
13.3 Subject to clauses 13.1 and 13.2, our liability and that of our related entities will be limited to the amount of the Casual Parking Fee paid by you.
13.4 Under no circumstances are we liable for any incidental, special, indirect, consequential or punitive loss or damage of any character, including any lost profits, lost opportunity or loss of reputation. In addition we will not be liable to you for any part of any cost, expense, loss or damage suffered by you which is:
13.4.1 caused by your acts or omissions or the acts or omissions of other users of the Car Park; or
13.4.2 otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to your situation.
13.5 You indemnify us and our related entities against all losses, damages, costs, expenses and liabilities (including without limitation legal fees and disbursements) incurred as a result, directly or indirectly, of:
13.5.1 any breach of these Terms and Conditions or law;
13.5.2 any death, illness or personal injury to any person or any damage to any real or personal property directly or indirectly caused or contributed to by any wilful, malicious, unlawful or negligent act or omission; or
13.5.3 the unsafe or illegal operation of a Vehicle,
by you, except to the extent that any negligent act or omission by us contributed to the cost, expense, loss or damage.
14.1 Where applicable any notice, approval or consent relating to these Terms and Conditions or the agreement between UPark and the Customer may be given by logging in to your Customer Account and following the directions provided in the UPark website.
14.2 Unless otherwise set out in these Terms and Conditions, any notice, approval, consent or other communication relating to these Terms and Conditions or the agreement between UPark and the Customer will be sent by electronic mail to the other party’s address. For the giving of Notice, your e-mail address is the e-mail address supplied by you in your user Customer Account and UPark’s e-mail address is plus @upark.com.au
15. Contact us
Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Terms and Conditions by email at plus @upark.com.au
16.1 Unless the context requires otherwise:
16.1.1 any reference to the Customer Account, Customer, the User or UPark includes that party, its successors, legal representatives, authorised persons and permitted assigns.
16.1.2 a reference to a person includes an individual, corporation, partnership, association a governmental body and any other entity; and
16.1.3 words importing the singular include the plural and vice versa.
16.2 Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.
16.3 You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.
16.4 These Conditions cover the entire agreement and understanding between you and us with respect to your use of the UPark website and supersede any prior agreement or understanding.
16.5 If there is any conflict between anything in these Conditions and anything else on the UPark website, these Conditions prevail.
16.6 A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
16.7 The failure, delay, relaxation or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.
16.8 An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.
16.9 Any indemnity or release in these Conditions survives termination of access to the UPark website. Any other provision in these Conditions intended to do so, survives the suspension or termination of access to the UPark website.
16.10 The validity and interpretation of these Conditions are governed by the laws of South Australia. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
In these Conditions, unless the context otherwise requires:
17.1 ‘‘Authorised Representative’ means the individual that is the authorised representative of the Business, Corporation or any other legal entity in which name the Customer Account is created. When an individual provides the business, company or entity details to create or modify the Customer Account or to make product selections or to accept the Terms and Conditions they are representing to us that they have the authority to bind the Business, Corporation or any other legal entity to the Terms and Conditions.
17.2 ‘Car Park’ means a UPark car park in the City of Adelaide.
17.3 ‘Casual Parking Bay’ means a parking bay inside the Car Park that is not marked ‘RESERVED’.
17.4 ‘Casual Parking Fee’ means the fee calculated based on the casual parking rates as displayed in the UPark car park for the length of your stay.
17.5 ‘Conditions of Entry’ means the UPark Conditions of Entry as updated from time to time and published on the website: www.upark.com.au and displayed at the car park.
17.6 ‘Credit Card’ and ‘Nominated Credit Card’ means the valid credit card you provide and record in your Customer Account that is accepted by UPark for payment of any relevant fees and charges.
17.7 ‘Customer’ can be defined as the Individual, Business, Corporation (or legal entity) named in the Customer Account, the parker or user.
17.8 ‘Customer Account’ means the account containing your details set up via the UPark website and used to apply for and/or purchase UPark Plus products.
17.9 ‘Parker or User’ means the person using the UPark Plus Card to enter the carpark and park a vehicle or the person using the online Customer Account if this person is not one and the same as the Customer.
17.10 ‘Personal Information’ has the meaning set out in the Privacy Act. We are not subject to the Privacy Act but are committed to protecting your privacy.
17.12 ‘Special Offer Pricing’ means any discount or promotion applicable to the UPark Plus Card.
17.13 ‘UPark’ and references to ‘we’ or ‘our’ means the UPark business unit of the Corporation of the City of Adelaide (ABN 20 903 762 572).
17.14 UPark Plus’ means a suite of products and parking services offered by UPark including but not limited the UPark Plus Card. ‘UPark Plus Card’ means the access card issued by UPark for you to access the UPark car park(s) and use UPark products.
17.15 ‘UPark website’ means www.upark.com.au and the online platform that permits you to create a Customer Account, access and manage this account and purchase UPark products.
17.16 ‘Vehicle’ means any motor vehicle specified or for the purpose of your registration, and any other motor vehicle in respect of which the UPark product is used.
In these Conditions, unless the context otherwise requires:
18.1 headings do not affect interpretation;
18.2 singular includes plural and plural includes singular;
18.3 words of one gender include any gender;
18.4 a reference to a party includes its employees, officers, contractors, executors, administrators, successors and permitted agents and assigns;
18.5 a reference to a person includes an individual, partnership, corporation, association, government body and any other entity;
18.6 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
18.7 a provision is not to be construed against us only because we prepared it;
18.8 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions; and
18.9 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.