1. Conditions of entry
By entering this car park, you agree to be bound by these conditions (Conditions). If you do not accept these Conditions, you must not enter the car park, or you must immediately leave the car park.
2. Limits on our Liability
To the extent permitted by law, all terms, conditions, warranties, guarantees or undertakings, whether such terms, conditions, warranties, guarantees or undertakings are express or implied, statutory, or otherwise are specifically excluded. These Conditions do not exclude or limit the application of any provision of law (including the Competition and Consumer Act 2010 (Cth) the exclusion of which would contravene any law or cause any part of these Conditions to be void.
2.1 Your own risk
You enter and use the car park entirely at your own risk.
2.2 Injury by death, theft, loss, or damage – risks to be borne by you
Subject to Clause 2 above and to the extent permitted by law, you acknowledge that we are not liable to you (or any passengers in your vehicle or any other party), and you release us from all claims for any loss, damage, personal injury, death or any incidental, indirect, consequential or economic loss whether to a person or property (including, but not limited to, your vehicle or property in your vehicle) (whether occurring in the car park or elsewhere) of any nature whatsoever and whether arising from the default, negligence, misconduct or otherwise by us, our employees, agents and contractors.
2.3 You indemnify us against liability and expense
You agree to indemnify, and agree to keep us indemnified against all losses, claims, expenses, costs, or liability of any nature whatsoever that we may suffer or incur as a result of your (or any person who accompanies you) use of the car park, including but not limited to, as a result of you causing or contributing to:
Personal injury or death to any other person; and
Theft or loss of, or damage to the car park, any equipment or facilities in the car park, any vehicle, any of its parts or accessories or any other property on or in a vehicle (whether occurring in the car park or elsewhere).
2.4 Usage restrictions
You must not distribute handbills or pamphlets, engage in any commercial activities or use skateboards, scooters or roller blades etc. without our authorisation. You must not bring or leave in this car park any offensive, hazardous or dangerous substance or thing, or anything which may be or become a danger, nuisance or inconvenience to us or to any person lawfully in or about this car park. If you do so you shall be trespassing.
2.5 Vehicles removed from car park
We are not liable for the theft or loss of or damage to a vehicle.
2.6 Our rights to enter, move etc. your vehicle
We have the right to enter, move, drive, or park any vehicle whenever we see fit.
We may permit the exit of a vehicle whether any evidence of authority or entitlement to remove a vehicle is produced or not. We are not liable to you for the theft, or loss of, or damage to your vehicle removed from the car park irrespective of whether any evidence of authority or entitlement to remove a vehicle is produced or not.
3. Compliance with signs and directions/hours of operation
You must, while in the car park:
Comply with all signs and with all directions and requests made by us
Park within the marked boundaries of a parking space and not obstruct the entry or exit of another other vehicle
Not use car bays set aside for mobility impaired and/or disabled persons unless you are lawfully entitled to use these bays and display a current permit
Not Park anywhere that we designate as a no parking or reserved area
Not cause any obstruction or disturbance.
4. We can refuse parking
We have the right to refuse or terminate parking at our sole discretion. We may refuse entry by any vehicle or person to the car park.
You acknowledge that these Conditions may change from time to time without notice to you, but the current Conditions will be displayed at the entrance of the car park.
If any of these conditions are illegal or unenforceable, the offending part is to be severed and does not affect the remaining part.
“any other person” means any person or corporation other than you individually and includes our employees, contractors and agents and any person in the car park (with or without our permission) and each of them.
“car park” means all the property constituting the car park including entry and exit ramps, driveways and any elevators and stairways servicing the car park.
“we”, “us” and “our” refer to and includes Baycrown Property Group and its employees, contractors, and agents and each of them.
“you” and “your” refer to and include each of the owner and any vehicle which comes into the car park and each person who comes into the car park (including the driver or owners of, or passenger in a vehicle and any person brought or sent into the car park by the driver or owner of a vehicle)