ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

This website is owned by EK Nominees Pty Ltd ACN 000 852 540, ABN 79 189 956 595 (we, us).

These Terms and Conditions govern access to and use of this website. By accessing this website, you acknowledge and accept these Terms and Conditions and our Privacy Policy. We reserve the right to modify these Terms and Conditions or any other content on this website at any time and such changes will become effective on and from the date of posting the new and amended provisions to this website. Your continued access to or use of this website will constitute acceptance of the revised terms.

DISCLAIMER AND LIMITATION OF LIABILITY

While care and diligence have been used to maintain the information on this website, it may not be accurate, current or complete in all respects and, consequently, we do not make any representations or warranties as to the accuracy, currency or completeness of the information. Further, we do not guarantee or warrant that the website will be uninterrupted, without delay, error-free, omission-free or free of viruses.

We are not responsible to you or anyone else for any loss suffered in connection with the use of this website or any of its content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it, including links to other websites.

Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or its content, is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, we will not be liable for any consequential, incidental, indirect or special loss.

COPYRIGHT

Copyright in this website (including text, graphics, trademarks, logos, icons, sound recordings and software) is owned or licensed by us.

You are provided with access to it for your personal and non-commercial use only.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation, and except as expressly authorised by us, you may not, in any form or by any means:

adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website.

LINKED WEBSITES AND ONLINE PLATFORMS

This website may contain links to other websites and online platforms. Those links are provided for convenience only and may not remain current or be maintained.

The linked sites included in this website are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites.

Links to other websites or online platforms should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

PRIVACY

For information about how we handle personal information, please refer to our Privacy Policy, which is accessible here

GENERAL TERMS

These Terms and Conditions and our “Privacy Policy” are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions.

If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

CAR PARKING

CONDITIONS OF ENTRY

E.K. Nominees Pty Limited ABN 79 189 956 595

VEHICLES ARE ACCEPTED FOR PARKING AND PERSONS MAY ENTER THE CAR PARK ONLY ON THE FOLLOWING CONDITIONS

By entering and remaining in this Car Park you enter into a contract with Care Park and the Owner upon these terms and conditions. If you do not accept these terms, you must immediately leave the Car Park.

  1. You enter and use this Car Park entirely at your own risk.
  2. We may refuse entry by any vehicle or person.
  3. We are not liable to you or any person with you for:
    1. injury to you or to anybody else
    2. damage to, destruction of, theft of or unauthorised delivery of your vehicle, or any other vehicle whether authorised or not; or
    3. damage to, destruction of, theft of or delivery of any property (including anything in or on your vehicle or any other vehicle), however caused, and you release and indemnify us from any claim which you might otherwise have against us.
  4. You agree to indemnify us in respect of any claim made against us and any expenses incurred by us as a consequence of, in relation to, or in any way arising out of your use of this Car Park.
  5. A parking fee is payable each time a vehicle exits the car park. If you bring a vehicle into this Car Park, you agree to pay the parking fee set by us from time to time. We may prevent the exit of the vehicle from this Car Park until the fee is paid and we are not liable for preventing the exit of the vehicle until the fee is paid or for any injury, damage or loss which results.
  6. We have a general lien over, and the right to retain your vehicle as a security for any money which you owe us.
  7. If you fail to pay, we may sell your vehicle after 30 days to recover money owed to us by you. In selling, we may proceed in such a manner as we think fit in our absolute discretion, and we are not obliged to obtain the best price.
  8. You agree to:
    1. produce to us, when requested by us, proof of payment of the parking fee;
    2. not cause any obstruction;
    3. not park anywhere that we designate as a no parking or reserved area; and
    4. not use this Car Park other than in accordance with instructions we may give.
  9. If you breach any of the Conditions in item 8 above, you will pay us liquidated damages of up to Eighty Eight Dollars ($88.00). You further agree that our claim for liquidated damages is given sufficiently by us affixing a Payment Notice to your vehicle and you give your express consent to any such Payment Notice being affixed by us to your vehicle.
  10. While in the Car Park you must comply with all signs and all reasonable directions and requests made by us.
  11. You may have access to or remove a vehicle from this Car Park during the open hours displayed in the Car Park or, outside those opening hours, where you have been provided with the means of access and comply with the terms of such access.
  12. We may enter, move or tow away your vehicle for operational or safety reasons.
  13. We may permit the exit of a vehicle whether a licence plate is produced or not and whether evidence of authority or entitlement to remove a vehicle is produced or not.
  14. We may prevent the exit of a vehicle until identification is produced. No claim of any nature can be made against us as a result of such prevention or any resulting injury, damage or loss.
  15. These conditions may only be altered by a written agreement between us and you.
  16. The services provided by us will be rendered with due care and skill to the extent required by Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and applicable State legislation.
  17. Apart from the statutory liability referred to in item 16 of these terms and conditions, we will not under any circumstances be liable or responsible for any damage or loss, whether arising in tort, contract, bailment, or howsoever otherwise; and all injury, loss or damage to person or property is at the risk of persons entering or leaving their vehicles in this Car Park.
  18. Any person or vehicle entering the Car Park may be subject to filming by CCTV cameras or other surveillance equipment within and surrounding the Car Park for operational, security and public risk reasons and we reserve the right to use such evidence in any dispute. By entering the Car Park you consent to information about yourself (including images) being recorded by such surveillance equipment and to us disclosing the information recorded to anyone (including law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that we deem such disclosure to be necessary to protect our lawful interests, the public interest or the safety of persons or property at the Car Park.
  19. We may collect personal information (including vehicle number plates) about you in order to operate the Car Park, to provide you with services, features and functions related to your use of the Car Park, and for purposes otherwise set out in the Owner’s privacy policy at www.canneryrosebery.com.au. By entering the Car Park, you consent to the collection, use, storage and disclosure of your personal information in accordance with the Owner’s privacy policy.
  20. In these conditions reference to:
    1. ‘we’, ‘us’ and ‘our’ mean Care Park Pty Ltd, ABN 47 083 921 215, the Owner and their respective assignees and includes their respective employees and contractors;
    2. ‘Owner’ means E K Nominees Pty Ltd ACN 000 852 540 as trustee for Margaret Katz Settlement ABN 79 189 956 595 and Norton Tower Pty Ltd ABN 85 000 608 408; and
    3. ‘your vehicle’ includes a vehicle driven, or intended to be driven, by you into this Car Park.

Each exclusion of liability in these conditions is subject to any law which restricts or forbids that exclusion of liability including the Competition and Consumer Act 2010.