Car Parking Space Terms and Conditions

The rental is granted on a month-to-month basis with no fixed term or lock-in period. It confers a licence to park one (1) vehicle in your allocated bay. It does not constitute a lease and grants no tenancy or exclusive possession of the space. The licence is personal to you and is revocable. It gives you no estate or interest in land, and no right to have any particular bay kept available to you. We do not take custody or control of your vehicle at any time, and nothing in these terms creates a bailment or makes us a bailee of your vehicle or of anything in or on it.

$400 plus GST ($440 total) per month, payable in advance.

Fees may be varied on not less than 30 days’ written notice.

An invoice for the following month is issued on the 25th of each month.

Payment is due by the last day of the month in which the invoice is issued. Access is active from the 1st of the following month.

Access for a given month is conditional on the relevant invoice being paid by its due date.

Where payment is not received by the due date, access will be suspended from the 1st of that month.

Access will be reinstated promptly upon receipt of payment.

You have 10 days from the due date to settle an outstanding invoice and retain your bay. After 10 days, your bay may be reallocated to another renter.

You may end your rental at any time by giving written notice (email is acceptable). If the invoice for the following month has already been issued at the time notice is given, you will not be required to pay it.

If no notice is given and an invoice is simply left unpaid, our standard non-payment terms apply, including the risk of your bay being reallocated to another renter given limited availability.

Access is via the Shuffle Parking app (by Wilson Parking) on your mobile phone: hold your phone to the reader at the boom gate to open it. Once payment is received, you will be sent instructions by email and text on how to download the Shuffle Parking app and set up your account.

You may park only your own registered vehicle, fully within your allocated bay. Subletting is not permitted, nor is the storage of goods, trailers, or unregistered vehicles. You must not carry out any repair, servicing, washing, detailing or refuelling of a vehicle in the car park, and must not obstruct any accessway, ramp, other bay, fire service or emergency exit. You must take reasonable care to avoid damage to the car park, its equipment, and other vehicles and persons in it.

Your vehicle, and everything in or on it, is in the car park at your own risk.

We do not provide safe custody of your vehicle or its contents. The car park is not attended or supervised, and any gate, barrier, camera, lighting or other equipment on site is provided for our own purposes and not as a security service to you.

We are not liable for loss of, or damage to, your vehicle or any article left in or on it, however that loss or damage is caused, including where it is caused by another user of the car park, by theft or attempted theft, vandalism, fire, smoke, water, flooding, weather, falling objects, or by the failure or malfunction of any gate, barrier, lighting, camera, power supply or other equipment.

We are not liable for injury to you or to any person you bring into the car park, or for loss or damage suffered by them.

The exclusions in this clause 8 do not apply to the extent that the loss, damage or injury is caused by our negligence, fraud or wilful default.

You must tell us as soon as you become aware of any damage to your vehicle, to another vehicle, to any person, or to the car park or its equipment, that occurs in connection with your use of the space.

Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that you have under the Australian Consumer Law or any other law and that cannot lawfully be excluded, restricted or modified. Clause 8 and the rest of this clause 9 apply only to the extent the law permits.

Where we fail to comply with a consumer guarantee in respect of the parking services and the law permits us to limit our liability for that failure, our liability is limited to supplying those services again or paying the cost of having them supplied again.

Otherwise, and to the extent permitted by law, our total liability to you in connection with these terms and your use of the space is limited to the fees paid by you for the month in which the event giving rise to the liability occurred.

To the extent permitted by law, we are not liable for any indirect or consequential loss, or for loss of profit, loss of revenue, loss of use, or the cost of alternative parking, transport or vehicle hire.

Spaces are limited. We may move you to a different bay on reasonable notice, without any change to your monthly fee.

You indemnify LK Property Group Holdings Pty Ltd against all loss, damage, liability, and claims (including third-party claims) arising from your use of the space, your vehicle, or any damage to the property caused by your vehicle, including leaked fluids, your charging of an electric vehicle, or your breach of these terms or of the site rules. This indemnity does not apply to the extent that the loss, damage, liability or claim is caused by our negligence, mistake, fraud or wilful default. This indemnity survives termination of the rental.

All fees are expressed exclusive of GST unless otherwise stated. Where GST applies to any amount payable under these terms, it is payable by you in addition to that amount.

We may charge interest on any amount not paid by its due date and recover from you all reasonable costs incurred in recovering overdue amounts, including debt-recovery and legal costs.

We may end your rental at any time by giving 30 days’ written notice. We may terminate immediately, and suspend your access, where you breach these terms or fail to pay any amount by its due date.

You must comply with all site rules, signage, speed limits, line markings and bay allocations, and the reasonable directions of car park management.

You must drive with care in the car park.

No hazardous, illegal, offensive or unreasonably noisy activity is permitted, and you must not park or leave a vehicle that is leaking fluid, is unroadworthy, or is in a condition that presents a risk to the car park, its equipment or other users.

You must not tailgate through the boom gate, allow another vehicle to enter on your access credentials, or otherwise permit a person who is not entitled to access the car park to enter it.

We may issue and amend site rules from time to time by notice to you or by signage in the car park. Site rules form part of these terms.

If you do not comply with this clause 15, we may suspend your access, terminate your rental under clause 14, and exercise our rights under clause 18.

You must provide the registration, make, and model of the vehicle to be parked, and notify us of any change. Access is granted in respect of that vehicle only.

We may clamp, remove, or tow (at the owner’s cost) any vehicle that is left after termination, parked outside the allocated bay, or otherwise in breach of these terms.

Access is provided as a revocable licence through a third-party application (Shuffle Parking, operated by Wilson Parking). We do not guarantee that access will be available at all times. To the extent permitted by law, we are not liable for app outages, gate faults, equipment failure, or downtime, or for any loss arising from them. You are responsible for your own device and its compatibility, for keeping your access credentials secure, and for all use of the car park made through your credentials, whether or not by you.

You may not assign or transfer your rights under these terms. We may assign our rights, including on a sale or transfer of the building.

You consent to our collection and use of your personal and vehicle information for the purposes of administering your rental, and to the capture of your vehicle and its movements by CCTV and automatic number plate recognition on site.

You must hold comprehensive vehicle insurance for the duration of your rental and provide evidence of that insurance on request. You are responsible for insuring your vehicle and its contents, and you must not rely on any insurance held by us.

We do not guarantee that the car park or your bay will be available at all times. We are not liable where access is interrupted or restricted by events beyond our reasonable control, including works, maintenance, repairs, power failures, equipment failure, evacuations, directions of an authority, emergencies, or site closures, or for any loss arising from an interruption or restriction of that kind.

These terms are governed by the laws of Victoria, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

These terms constitute the entire agreement between you and us. Any variation must be in writing, except for fee changes made under clause 2 and changes to the site rules made under clause 15.