The Atrium Car Park
Parking Licence Terms and Conditions
1. TERMS USED IN THIS DOCUMENT
1.1 Terms defined in the Application Form where used in these terms and conditions have the same meaning as in the Application Form.
1.2 Whenever the terms listed below are used in these terms and conditions, they have the following meaning unless the context requires otherwise:
“Agreement” means a formal legal agreement between you and the Owner, which includes the Application Form and these Terms and Conditions allowing you pursuant to a limited non-transferable licence, to park the number of Motor Vehicles specified in the Application Form each in a single Parking Space in the Car Park for the Licence Period subject to these Terms and Conditions;
“Allocated Parking Space” has the meaning given to that expression in clause 2.2;
“Application Form” means the Owner’s application form for parking at The Atrium completed by you and submitted to the Owner;
“Car Park” means the areas of The Atrium allocated by the Owner for the parking of motor vehicles;
“Licence Period” has the meaning given in the Application Form;
“Motor Vehicle” means the motor vehicle or motor vehicles specified on your Application Form or such other motor vehicles as the Owner agrees, in writing, that you can park in the Parking Spaced or Parking Spaces, as the case may be;
“Owner” means Dradgin Pte Ltd (ARBN 101 041 534) and any employee or authorised representative of the company;
“One off Access Card Admin Fee” means the cost of preparing, maintaining and programming your access card. This is a one-off charge at the beginning of the Licence Agreement
“Parking Space” means a parking space in the Car Park;
“Parking Licence Fee” means the per month amount specified in the Application Form (and for any period less than a month, means the pro-rata amount calculated with reference to the monthly fee calculated on a daily basis) subject to review in accordance with clause 3.2;
“Permitted Purpose” has the meaning given to that expression in clause 2.3;
“Perth Parking Levy” means the levy charged pursuant to the Perth Parking Management Act 1999 (WA);
“Rules” means the current rules relating to the conduct of occupiers of The Atrium and other matters regarding the operation of The Atrium which are determined by the Owner from time to time.
2. YOUR RIGHT TO OCCUPY THE PARKING SPACE
2.1 Agreement
This Agreement comes into effect, and you are bound by this Agreement, on and from the date the Owner notifies you in writing that your Application Form has been approved (Approval Date). If your Application is not approved by the Owner in writing, no Agreement arises and you are not authorised to park in the Car Park. If you enter into this Agreement after the Approval Date, your liability for the Parking Licence Fee commences on the date of the Approval Date up to and including the Expiry Date.
2.2 Allocation of Parking Space
The Parking Space which you will be entitled to occupy will be allocated to you by the Owner (Allocated Parking Space). The location within The Atrium of the Allocated Parking Space is at the absolute discretion of the Owner and the Owner reserves the right to change the Allocated Parking Space at any time subject to giving you written notice.
2.3 Use of the Parking Space
Unless this Agreement is terminated early pursuant to clause 9 and subject to payment by you of the Parking Licence Fee pursuant to clause 3, you are entitled to use the Allocated Parking Space throughout the Licence Period for the sole purpose of parking the Motor Vehicle wholly within the Allocated Parking Space (Permitted Purpose).
2.4 Exclusive Use
Subject to clause 2.2, you have the exclusive right to use the Allocated Parking Space for the Permitted Purpose during the Licence Period. You must vacate the Parking Space upon the earlier of the expiry of the Licence Period or prior termination of this Agreement. The licence granted to you pursuant to this Agreement confers no priority right to future rights to park in The Atrium.
2.5 Use by Nominated Vehicle Only
No vehicle (or otherwise) other than the Motor Vehicle can be parked in the Allocated Parking Space. You must not park the Motor Vehicle in any other part of the Car Park or The Atrium other than wholly within the Allocated Parking Space. You must not exchange Parking Spaces with any other person without the Owner’s written approval, which may be withheld in the Owner’s absolute discretion.
2.6 Sharing of Parking Common Areas with Others
You acknowledge that other persons will use other Parking Spaces in the Car Park and agree that at all times the Motor Vehicle will be parked in the Allocated Parking Space (and not elsewhere in The Atrium) in such a way that no obstructions is caused to any other part of the Car Park of The Atrium. You are entitled access to the Allocated Parking Space through the Car Park and The Atrium common areas, together with other users of the Car Park and The Atrium, but the Owner may, in its absolute discretion, restrict such access at any time and for any reason).
2.7 Your Further Obligations
You must:
2.7.1 pay the Parking Licence Fee to the Owner for each month during the Licence Period commencing on the Approval Date;
2.7.2 continue to pay the Parking Licence Fee even if you do not use the Allocated Parking Space for the whole of the Licence Period or if this Agreement is terminated by the Owner because you have failed to comply with any of your obligations, without limiting any requirement of the Owner to mitigate its loss;
2.7.3 in your use of the Allocated Parking Space, respect the rights of other users of the Car Park and occupiers of The Atrium;
2.7.4 not indulge in or permit any noisy, improper, illegal or otherwise unacceptable conduct or practices to occur in the Allocated Parking Space, or the Car Park or whilst driving the Motor Vehicle in The Atrium;
2.7.5 not disturb or interfere with other motor vehicles or person(s) in the Car Park or The Atrium;
2.7.6 keep the Allocated Parking Space free of any personal belongings or items other than the Motor Vehicle;
2.7.7 keep the Allocated Parking Space free of oil and oil leaks and promptly remove any such occurrence (to the satisfaction of the Owner);
2.7.8 comply with the Rules; and
2.7.9 comply with any reasonable direction given by the Owner (including, without limitation, any notices given by the Owner) in relation to the operation, use and security of the Car Park and/or The Atrium.
2.8 No Tenancy is Created by this Document
You acknowledge that:
2.8.1 the rights conferred by this Agreement are limited to the right to use the Allocated Parking Space as a licensee only for the Licence Period, unless this Agreement is terminated early;
2.8.2 nothing in this Agreement confer on you the rights of a tenant or any other proprietary interest in the Allocated Parking Space; and
2.8.3 you do not acquire any legal interest in the Allocated Parking Space or any other part of The Atrium pursuant to this Agreement.
2.9 Owner’s Right to Enter
The Owner is entitled to enter the Allocated Parking Space without any prior notice to you at any time for any purpose.
3. MONEY MATTERS
3.1 Making Payments to the Owner
Unless otherwise agreed with the Owner in writing (in the Owner’s absolute discretion), you must pay the Parking Licence Fee monthly in advance commencing on the Approval Date by direct debit from a bank account in Australia or by credit card and provide to the Owner all documents and authorities that the Owner may reasonably require.
3.2 Review of Parking Licence Fee
The Owner may review the Parking Licence Fee from time to time in its absolute discretion by giving you one months’ notice of the reviewed Parking Licence Fee. You must pay the relevant Parking Licence Fee one month after the date of the notice.
3.3 Interest on Overdue Amounts
You must pay to the Owner, when requested to do so, interest on any amount which you fail to pay to the Owner under this Agreement by the date on which it is due at such rate as the Owner advises (which will not exceed current interest rates payable by the Owner).
3.4 Credit Card Surcharge
If you elect to pay the Parking Licence Fee or any other amount due under this Agreement via a credit card, the Owner is in addition entitled to charge you a credit card surcharge equal to the amount that the Owner is, from time to time, charged by its bank for processing credit card payments.
4. TAXES AND LEGAL COSTS
4.1.1 The Owner may recover from you, in addition to the amounts referred to in this Agreement, any taxes, stamp or other duty, government charges or other imposts which are payable in connection with this Agreement including any right to use the Allocated Parking Space.
4.1.2 You must also pay any legal costs and other expenses which the Owner incurs in connection with any breach by you of your obligations under this Agreement, including but not limited to any amount paid by the Owner as a result of your funds not being available for Parking Licence Fee payment(s) on the due date (such as fees for dishonoured direct debit payments or other account fees).
4.1.3 You must pay these amounts when requested by the Owner to do so.
5. CARE OF ALLOCATED PARKING SPACE
5.1 Proper Care
You are responsible for the condition of the Allocated Parking Space during the Licence Period and you must ensure the Allocated Parking Space is always clean and in good order.
5.2 No Alterations
You must not make any alterations to the Allocated Parking Space or paint any surface.
5.3 Damage and Repairs
You must pay the Owner the cost incurred by the Owner of repairing (or replacing as the case may be) any and all damage to the Car Park, any fittings, equipment and other articles in the Car Park or The Atrium, and any other motor vehicle or property in the Car Park or The Atrium which is caused by you, the Motor Vehicle or any person who is in control of the Motor Vehicle or by any guest or other person who is in the Car Park at our invitation or in your company.
6. YOUR USE OF THE PARKING SPACE
Without limiting any other provision of this Agreement, at all times during the Licence Period, you must:
6.1.1 not allow the Allocated Parking Space to be used or occupied in any way or for any purpose which is likely to cause any unreasonable annoyance or harm to other users of the Car Park or lodgers or other persons in The Atrium;
6.1.2 not wash (except in any areas designated by the Owner for that purpose, if any), service or repair the Motor Vehicle or any other vehicle or any motor vehicle part or accessory in the Allocated Parking Space or the Car Park or any other part of The Atrium;
6.1.3 not cause any damage to any other motor vehicle parked in or passing through the Car Park or The Atrium, or to fittings, equipment or other articles in the Car Park or The Atrium or to any other articles in the Car Park or The Atrium;
6.1.4 report promptly to the Owner any such damage which you or any person who is in control of the Motor Vehicle or any guest or other person who is in the Car Park or The Atrium at your invitation or in your company may cause;
6.1.5 not leave the Motor Vehicle unattended in a position which might obstruct access to or use of the Car Park or any other part off The Atrium;
6.1.6 not interfere with any fire fighting appliances, extinguishers or sprinklers, smoke and other alarms, safety devices, security cameras or other devices, notices or other property of the Owner installed in the Car Park or any other part of The Atrium.
7. EXCLUSION AND LIMITATION OF LIABILITY
7.1 Parking is at your Risk
You park the Motor Vehicle in the Allocate Parking Space solely at your own risk. Security of the Motor Vehicle is your responsibility. All conditions, warranties and terms implied by custom, the general law or statute which apply to the parking of the Motor Vehicle are excluded to the full extent: permitted by law.
7.2 Owner’s Liability is Limited
7.2.1 The Owner’s liability for breach of any non-excludable implied condition or warranty is limited to the greater of:
7.2.1.1 a refund of that part of the Parking Licence Fee paid for the good(s) and/or service(s) in respect of which the breach occurred; and
7.2.1.2 the cost of supplying the good(s) and/or service(s) again.
7.2.2 The Owner disclaims and excludes, to the full extent permitted by law, all liability for any expenses, losses, damages and costs which you may incur or sustain as a result of:
7.2.2.1 any loss of or damage to the Motor Vehicle or any other property; or
7.2.2.2 injury to or death of any person,
caused by any act or omission of the Owner or any other person within or in the vicinity of the Car Park including, but not limited to, any negligent act or omission of the Owner.
7.3 Indemnity and Release
You indemnify the Owner against and release the Owner from all expenses, losses, damages and costs that the Owner may sustain or incur as a result, whether directly or indirectly, of any loss of or damage to the Motor Vehicle or any property, injury to you or any other person or the death of any other person arising out of your use of the Car Park or the use of the Car Park or The Atrium by any guest or other person who is in the Car Park or The Atrium at your invitation or in your company.
8. ASSIGNMENT
The Owner may assign its interest in this Agreement at any time without notice to you.
9. TERMINATION
9.1 Termination Date
9.1.1 Subject to any other provision of this Agreement, your licence to use the Allocated Parking Space and this Agreement will terminate on the Expiry Date.
9.1.2 If you fail to comply with any of your obligations under this Agreement (including the Rules), the Owner may terminate this Agreement and your licence to use the Allocated Parking Space by giving you 7 days written notice if:
9.1.2.1 that failure is of a nature which cannot be corrected, or
9.1.2.2 you have not corrected that failure to the satisfaction of the Owner within 7 days after the Owner giving you a notice which specifies the nature of your failure to comply and requires you to correct your failure to comply.
9.2 Vacation of the Allocated Parking Space on Termination
You must vacate the Allocated Parking Space promptly on the date that this Agreement expires or terminates and leave the Allocated Parking Space clean (including free of any oil leaks) and in a state fit for immediate use.
9.3 Late Departure
Without limiting any other provision of this Agreement, you must pay the casual hourly rates for parking at The Atrium charged by the Owner if you fail to vacate the Allocated Parking Space by 5.00 pm on the day of the expiry or earlier termination of this Agreement.
9.4 Return of Keys
On or before the earlier of the Expiry Date or earlier termination of this Agreement, you must return the security access devices or any other means of access to the Car Park to the administration office of the Owner. If you fail to do so, the Parking Licence Fee will continue to be payable at the casual rate on a daily basis until you do so.
9.5 Continuing Liability
The Owner’s right to terminate this Agreement based on your failure to comply with your obligations does not prevent the Owner from recovering from you, any amount which is payable by you in accordance with this Agreement.
9.6 Left Items
Without limiting any other provision of this Agreement, the Owner accepts no responsibility for any motor vehicle (including the Motor Vehicle) or other item(s) which you leave in the Allocated Parking Space, Car Park or elsewhere in The Atrium following termination of this Agreement. To the extent permitted by law, your ownership of any such property is deemed (but only at the election of the Owner) to have been transferred to the Owner at the expiration of 24 hours after termination of this Agreement. The Owner may thereafter sell or otherwise dispose of the property without any obligation to account to you for the property or the proceeds of its sale. The Owner may recover from you any costs which the Owner incurs in the storage, disposal or sale of any such property.
10. HOLDING OVER
10.1 If you, with the Owner’s consent, continue to use the Allocated Parking Space after the Expiry Date, then you do so as a monthly licensee and:
10.1.1 the monthly licence may be terminated by either party giving the other at least one months’ written notice which may expire on any day;
10.1.2 the monthly Parking Licence Fee is the same as the Parking Licence Fee payable immediately before the Expiry Date; and
10.1.3 all of the provisions of the Agreement apply to the monthly licence insofar as they are consistent with a monthly licence.
11. NOTICES
The Owner may serve any notice on you at the email address referred to on page 1 of the Application Form or such other address (email or otherwise) as you may notify the Owner by email or in writing. A notice to you may also be left on the Motor Vehicle. A notice required to be given in writing to you is deemed to be given in writing if sent by email.
11.1 Any notice which you wish to give to the Owner must be sent to:
Dradgin Pte Ltd
Care of Agencia Property
Suite 8 Ground Floor The Atrium
168 St. George’s Terrace
PERTH WA 6000
Email: peter@agencia.com.au
