1. Contract: By parking your Vehicle in the Car Park, you agree to a contract with us on these Terms. If you do not accept these Terms, you must not park your Vehicle in the Car Park.
2. Risk: Your use of the Car Park is at your own risk. You should remove all valuables from your Vehicle before it is left unattended.
3. Release: To the fullest extent permitted by law, we do not have any responsibility or liability to you for injury, death, theft, loss or damage, whether to person or property (including your Vehicle and its contents), arising from or in connection with your use of the Car Park, and you release us from any claims in relation to such matters.
4. Indemnity: You indemnify us in respect of any claim made against us, and any expenses incurred by us, as a consequence of, or in any way arising out of, your use of the Car Park.
5. Your liability: You are liable for injury, death, theft, loss or damage, whether to person or property, caused or contributed to by your use of the Car Park, including any damage caused by oil or any other substances from your Vehicle. Where you contribute to injury, death, theft, loss or damage, your liability is limited to the extent of such contribution.
6. Limitation: Nothing in these Terms will release us from liability arising from our own negligence or breach of law.
7. Permit or ticket: You must:
7.1 have a permit or ticket that is valid at all times for every Vehicle that is parked in the Car Park;
7.2 only park in the Car Park, and where relevant a particular parking bay, for which your permit or ticket is valid;
7.3 at all times while your Vehicle is parked in the Car Park, clearly display your permit or ticket on the interior of the Vehicle on the lower left hand corner of the front windscreen, on a plastic hang tag from the rear-vision mirror, or on the dashboard of the Vehicle correctly facing upwards so that the permit or ticket is clearly visible through the front windscreen of the Vehicle (unless you purchased a permit or ticket via an electronic process that does not issue a physical permit or ticket);
8. Booking online: If you booked online to park in the Car Park, or purchased a permit or ticket via any other electronic process that does not issue a physical permit or ticket:
8.1 we use electronic number plate recognition to match your Vehicle to your booking, so the number plate of your parked Vehicle must match the number plate specified for your booking or purchase at all times;
8.2 you can update or change the Vehicle number plate specified for your booking or purchase at any time in order to ensure your parked Vehicle match your booking at all times
8.3 we reserve the right to refuse a refund if you seek to cancel your booking after we have issued an electronic booking confirmation;
9. Shorter stay: If your Vehicle is parked in the Car Park for less time than is allowed by your permit or ticket, you are not entitled to a refund.
10. Pay only for what you use: If you purchase a permit or ticket via an electronic process that allows you to pay only for the actual time used in the Car Park, you will only be charged for such time used.
11. No guarantee of parking availability: You acknowledge and agree that having a valid permit or ticket does not guarantee parking in the Car Park.
12. Assignment: Permits and tickets are not transferrable, and you must not attempt to transfer, assign or otherwise re-sell any permit or ticket.
13. No obstructions: You must park only in a designated parking bay for which your permit or ticket is valid and not cause any obstructions in or to the Car Park, including by parking across more than one parking bay or otherwise impeding the use of adjacent parking bays.
14. Access Bays: You must not park in an access bay in any Car Park without clearly displaying a current Australian Disability Parking Permit in accordance with the permit's conditions.
15. Signs: You must comply with all signs (including by not parking in areas marked as 'Reserved' or 'No Parking'), and all lawful directions issued verbally or in writing to you by us, relating to the Car Park.
16. Refuse entry: To the fullest extent permitted by law, we may refuse entry to or use of the Car Park to any Vehicle or person at our discretion. If we refuse entry to or use of the Car Park to you after you have purchased a permit or ticket, we will not be liable to you for any loss or damage.
17. Surveillance: You consent to:
17.1 being recorded or filmed by CCTV or other surveillance equipment within and surrounding the Car Park for operational, security and safety reasons;
17.2 images and audio of yourself and your Vehicle being stored on our IT systems;
17.3 us disclosing those films, images and related information to anyone (including law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent reasonably necessary to protect our lawful interests, the public interest, or the safety of persons or property; and
17.4 us using those films, images and related information as evidence in any dispute involving us.
18. Privacy: You consent to us:
18.1 collecting, storing, using, and managing personal information about you (including your Vehicle number plate) to the extent reasonably necessary for operational, security and safety reasons; and
19. Collection of personal information by third party providers: You acknowledge and agree that:
19.1 where you purchase tickets via an electronic process you may be required to provide personal information to independent third party providers;
19.2 we accept no responsibility for the collection, storage, use and management of your personal information by any third party providers.
20. Expiation fee: If you fail to comply with these terms, we may:
20.1 issue you with an expiation fee in an amount set by us in accordance with our By-laws under the Flinders University Act 1966 (SA);
20.2 affix the notice of the expiation fee to your Vehicle, and this will be sufficient notice to you of the expiation fee.
21. Costs: If you fail to pay an expiation fee issued in accordance with these terms within 28 days, or any other monies payable under these Terms within a reasonable period, you will be liable for a reasonable administration fee and such further reasonable costs (including legal costs) as are incurred by us in recovering all monies payable by you in connection with your use of the Car Park.
22. Operational rights: We may enter, move or tow away your Vehicle for operational, security or safety reasons. We are not liable to you for any damage caused, provided we use reasonable care at all times.
23. Abandoned Vehicles: We may remove from the Car Park or the Flinders University campus any Vehicles that we reasonably believe to have been abandoned, and we may destroy or dispose of those Vehicles (including sale by auction) at the cost of the owner. We will refund any sale proceeds to the owner, less all monies owed to us by the owner.
24. Interpretation: In these Terms: 'including' is not a word of limitation; a reference to something includes each part of it; headings are for convenience and do not affect interpretation; any illegal or unenforceable terms may be severed without affecting the validity of the remainder of the Terms; if a word is defined, another part of speech has a corresponding meaning.
Definitions: In these Terms, unless the context requires otherwise:
24.1 Australian Disability Parking Permit means a parking permit issued by an Australian state or territory government to a person with a disability or organisations that provide transport services for them.
24.2 Car Park means all car parks on the Flinders University campus, including all entry and exit ramps and driveways, and all walkways, stairways and lifts servicing the Car Park;
24.3 permit or ticket includes bookings made online, and parking session purchases via any other electronic process that does not issue a physical permit or ticket, to park in the Car Park;
24.4 Terms means the terms and conditions set out in this document;
24.5 Vehicle includes any vehicle, its parts and accessories and any property (including valuables) left in or on it;
24.6 we, us or our means Flinders University and includes our related bodies corporate, agents, contractors, representatives and employees; and
24.7 you or your includes the driver or owner of your Vehicle and any passenger in your Vehicle.