Terms & Conditions
Premises
2 Fernbrook Avenue, Russell Island QLD 4184
Access Days
Monday - Sunday
Open Hours
AVAILABLE ALL HOURS
Licence Fee
$60 per week per car space to be paid in advance monthly. 1st of each month.
Payment Method
Stripe link credit card for first month auto pay from then on.
TERMS AND CONDITIONS
HOW TO READ THIS AGREEMENT
Capitalised words and phrases used in this agreement have the meaning given:
to that word or phrase in the Key Details; or
by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
DURATION THIS AGREEMENT
This agreement will begin on the Start Date and continues in effect until the End Date (Initial Term) and for any Renewal Terms pursuant to clause 2(b) unless earlier terminated in accordance with clause 20 (the Term).
Upon expiration of the Initial Term, this agreement will automatically renew for the same period of the Initial Term (each a Renewal Term) unless either party provides notice that the agreement will not automatically renew with two weeks’ written notice prior to the expiration of the Initial Term or the then current Renewal Term.
GRANT OF LICENCE
Licensor grants to the Licensee a licence to use an Allocated Car Space located in the Premises and which has been agreed between the parties (Licensed Allocated Car Space) during the Open Times for the number of Access Days per week specified in the Key Details.
PAYMENT
FEES: The Licensee must pay the Licence Fee to the Licensor, in the AGREED AMOUNTS monthly IN ADVANCE.
TIME FOR PAYMENT
Unless otherwise agreed in writing, the Licensee must pay the Licence Fee through the payment method monthly IN ADVANCE.
The Licence Fee must be paid at the time set out in the relevant invoice issued by Licensor.
LATE PAYMENT
Licensor reserves the right to suspend access to the Premises and Licensed Allocated Car Space if the Licensee does not pay the fees in accordance with this clause 4.
The Licensee acknowledges and agrees that if they fail to pay the fees in accordance with this clause 4 it will constitute a breach of this agreement and the Licensor reserves the right to terminate this agreement immediately by written notice in accordance with clause 11.
GST
Unless otherwise indicated, amounts stated in a Key Details do not include GST. In relation to any GST payable for a taxable supply by the Licensor, the Licensee must pay the GST subject to the Licensor providing a tax invoice.
CARD SURCHARGES
The Licensor reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
CREDIT CARD STORAGE
The Licensee authorises the Licensor to store the Licensee’s credit card details for use at a later date if required in relation to loss or damage to the Premises caused or contributed to by the Licensee.
direct debit
If the Licensee agrees to pay via direct debit (DD), the Licensee:
authorises DD in line with Licensor’s Payment Provider’s separate DD authorisation form (DD Authorisation Form) and any DD agreement (DD agreement) as applicable;
agree to enter into any DD agreement required by Licensor’s Payment Provider;
authorise Licensor to charge the Licensee’s bank account or credit card in advance in line with any DD Authorisation Form and any DD agreement;
must ensure that there are sufficient funds available in the Licensee’s account to allow Licensor’s Payment Provider to debit the Fees payable;
acknowledges and agrees that there may be additional payments required from the Payment Provider if the Licensee misses or fails to make any payment and these terms are separate and in addition to these terms; and
acknowledge that Licensor will not pay any charge back amount if the Licensee fails to terminate this Licence at the end of the Term. By choosing a recurring payment plan, the Licensee acknowledges that the Licence has a recurring payment feature and the Licensee accepts responsibility for all recurring charges prior to their termination of the Licence. The Licensor may submit periodic charges for the Fees without further authorisation from the Licensee, until the Licensee provides prior written notice (receipt of which is confirmed by the Licensor) that the Licensee has terminated this authorisation or wishes to change the payment method. Such notice will not affect charges submitted before the Licensor could reasonably act on such notice. To terminate the Licensee’s authorisation or change the payment method, please contact the Licensor via the contact information in the Key Details.
RATE REVIEW
The Licensor may increase the Licence Fees on the Renewal Term.
If the Licensor intends on increasing the Licence Fees, they will notify the Licensee within 1 month of the start of the Renewal Term and provide the Licensee with a 10 business day opportunity to not proceed with the renewal by written notice.
If the Licensee does not advise that they no longer wishes to proceed the renewal within 10 business days, then the Licensee will be taken to have accepted the renewal at the new fees.
PERMITTED USE
(Laws) The Licensee must comply with all laws in connection with the Licensed Allocated Car Space and the Premises.
(Security) The Licensee must immediately inform the Licensor as soon as the Licensee becomes aware of any matter which may affect the safety or security of the Premises or give rise to an emergency
(Emergencies) The Licensee must comply with all reasonable requirements of Licensor to participate in emergency evacuation procedures.
The Licensee must comply with all rules set by the Licensor and notified to the Licensee from time to time.
The Licensee is responsible for ensuring that the vehicle parked within the Premises complies with size and height restrictions at the Premises.
The Licensee is responsible for any damage they cause to the Licensed Allocated Car Space or Premises. The Licensee will also be responsible for damage caused by anyone they allow to use the Licensed Allocated Car Space.
The Licensee acknowledges and agrees that the Licensor is not responsible for any theft, damage or other loss that may occur to the Licensees vehicle or other belongings.
PROHIBITIONS ON USE
The Licensee must not:
use the Licensed Allocated Car Space in a way which causes damage, nuisance or disturbance to another occupier of the Premises; or
do anything which might affect any insurance policy relating to the Premises by causing it to become void or voidable, a premium to be increased, or any claim on it being rejected;
permit, suffer, allow or tolerate its employees, agents, invitees or customers to damage the Licensed Allocated Car Space or Premises;
sublease or sublicence occupancy of the Licensed Allocated Car Space without the Licensor’s written consent, which may be granted or withheld at the Licensor’s discretion; and
not dirty, cover or obstruct any exits and fire safety devices in the Premises.
Access
The Premises is fully secured at all times. To gain access inside the Premises to access the Licensed Allocated Car Space, the Licensee must obtain a unique code from the Automationplus app.
Automationplus is a third-party app provider which we use to provide Licensees with access to the Premises. Their terms and conditions can be accessed here.
The Licensee agrees to review these Third Party Terms and, by entering into this agreement to acquire the goods or services from the Licensor, the Licensee is taken to have agreed to such Third Party Terms.
Please contact the Licensor at the contact details listed in the Key Details if there are any issues gaining access to the Premises in accordance with this clause 7.
Disclaimer
The Licensee enters and uses the Premises at their own risk. Any items left behind by the Licensee will be disposed of.
The Licensee agrees to:
drive their vehicle carefully and responsibly, obeying all indicated speed limits and other signs, and comply with all relevant road rules;
park wholly within designated parking spaces identified for vehicles;
not obstruct any other vehicles, individuals, thoroughfares, entrances, or exits in the Premises;
use the Licensed Allocated Car Space solely in accordance with all signs and reasonable directions and/or requests given by or on behalf of the Licensor.
To the maximum extent permitted by law, the Licensor is not liable for:
injury or death to individuals or animals in the Premises;
damage to, destruction of, theft of, or unauthorized delivery of the Licensee's vehicle or any of their property in the Premises, however caused;
any financial or consequential loss to the Licensee arising out of their use of the Premises.
Any unauthorized parking in the Premises will be treated as trespassing and will result in expulsion. The Licensor reserves the right to tow vehicles parked without authorization and take legal action against any trespassers. For details on default interest or liquidated damages, please refer to the example terms and conditions.
PRIVACY
The Licensee acknowledges and agrees:
the Premises is monitored using CCTV and consents to such monitoring; and
the Licensor may, but is under no obligation to, provide the Licensee with copies of any such recordings upon request.
liability
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Licensee to the Licensor in the 3 months preceding the date of the event giving rise to the relevant liability.
CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Licensor, except:
in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
TERMINATION
MUTUAL RIGHT TO TERMINATE FOR CONVENIENCE
Either party may terminate this agreement at any time by providing one month written notice to the other party.
MUTUAL RIGHT TO TERMINATE FOR CAUSE
Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
is in breach of this agreement;
ceases, suspends or threatens to cease or suspend to conduct its business; or
becomes subject to any form of insolvency or bankruptcy administration.
ACCRUED RIGHTS AND LIABILITIES
The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement.
CONSEQUENCES OF EXPIRATION OR TERMINATION
Upon expiration or termination of this agreement:
The Licensor agrees to provide Licensee with a reasonable opportunity to remove its vehicle from the Premises, if required;
the Licensee agrees to pay all amounts owed to the Licensor for the period before expiration or termination; and
the Licensee must leave the Licensed Allocated Car Space in the same condition it was in on the Start Date.
SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry
IF THE PARTIES HAVE A DISPUTE
If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.
The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).
The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.
If mediation does not resolve the issue, the parties must:
if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.
The parties will follow the binding outcome of arbitration (or other agreed mechanism).
Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.
The process in this clause does not apply where a party requires an urgent injunction.
FORCE MAJEURE
If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
Subject to compliance with clause 13(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
For the purposes of this agreement, a “Force Majeure Event” means any:
act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strikes or other industrial action outside of the control of the Affected Party;
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
NOTICES
A notice or other communication to a party under this agreement must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
24 hours after the email was sent; or
when replied to by the other party,
whichever is earlier.
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
BUSINESS DAYS
If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise. For the purposes of this clause 15.2, “Business Days” means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Adelaide.
AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or "dollar" is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.