Wilson Parking Terms
1. Your contract with Wilson
1.1 Introduction - Wilson Parking Australia 1992 Pty Ltd (we or Wilson Parking) offer a number of different ways for our customers (you orCustomer) to book, manage, use and pay for car parking services we offer at car parks in Australia that are owned, branded or operated by us or our representative (Wilson Car Parks). We refer to our services as Wilson Products. These Terms apply as a contract between you and us, governing your use of any Wilson Product. The Terms also apply to successors and assigns of Wilson Parking, and our employees, agents and contractors where applicable.
1.2 Application of Terms - these Terms apply to you whether you are the person (including a corporation) entering into the contract as described in clause 1.3, or a person such as a driver or a passenger using a Wilson Product under such a contract or with the authorisation of the person entering the contract (a Parker). You as the person entering the contract must ensure that Parkers comply with these Terms. You remain liable in all cases for the performance of the contract, even if we also have rights against a Parker.
1.3 Formation of contract - these Terms take effect as a binding Agreement between you and Wilson Parking, when:
(a) You sign an application form incorporating these Terms (and if the form requires a form of acceptance by us such as our representative’s signature or issuing a reference number, we have completed that acceptance process); or
(b) You use our website to purchase a Wilson Product (and if the website requires a form of acceptance by us such as issuing a reference number, we have completed that acceptance process); or
(c) You agree to use a mobile phone or digital application provided by us or by a third party, offering Wilson Parking Products (Parking App); or
(d) You accept the Terms by entering a Wilson Car Park.
1.4 Other conditions- In addition to these Terms, other conditions apply to your use of a Wilson Product where we notify you and give you a reasonable opportunity to read them. The other conditions may be explained in these Terms, set out on an application form, posted on our website, posted at a Wilson Car Park or included in a Parking App.
1.5 Authorisation - if you are a company or other corporate entity:
(a) these Terms apply to you if an authorised representative provides your company details as the Customer. When an individual does so, they are representing to us that they have authority to bind you to these Terms. We will rely on that authority in providing Wilson Products to you, and you will be bound unless you prove to us that the individual did not have your authority; and
(b) you are responsible for all use of Products by your authorised Parkers. Where you have notified us of a particular Parker’s authorisation, and subsequently wish to withdraw the authorisation, for example in the event of termination of employment or other contract, or a change in employment terms, it is your responsibility to notify us, and to recover any Access Device or Parking App issued to the Parker. You remain liable for the Access Device, Parking App and use of Products by the Parker, until withdrawal is effected in all respects
2. Wilson Parking Products
2.1 Product descriptions - full descriptions of the Products that we provide, and the applicable terms and fees for each Product (in addition to these Terms), are provided in one or more of the following places:
(a) in these Terms;
(b) in an application form or binding quote that we provide;
(c) on our website at https://www.wilsonparking.com.au/terms
(d) on a notice installed at the entrances to a Wilson Car Park, such as a Conditions of Entry or Limitation of Liability notice;
(e) in a Parking App; or
(f) otherwise in information we make available to you.
2.2 Summary of products - Wilson Parking Products include:
(a) A Wilson One card available on application that allows for easy access to a Wilson Car Park and to other Products, automatic payment by direct debit from your nominated credit card account, provision of records and data about your usage;
(b) Monthly Parking available on application that allows you to reserve and use a designated parking bay in a particular Wilson Car Park, for a monthly payment;
(c) The Book A Bay service available via the Wilson Parking App or on our website at https://www.wilsonparking.com.au/book-a-baythat allows you to book an available unreserved parking bay in a particular Wilson Car Park, for one or more uses, at a particular time(s);
(d) An epark Parking App that allows you to book and pay for an available unreserved parking bay in a particular Wilson Car Park;
(e) Casual Parking, which allows you to use an available parking bay in a Wilson Car Park, without pre-booking;
(f) Our Members’ Service Centre, providing account management capability; and
(g) other Products that we make available from time to time.
2.3 Eligibility for particular Products – we may offer certain Products and/or fees only to Customers that meet specified eligibility criteria, such as being an employee of a particular entity, or a member of a rewards, loyalty or other membership-based program. If you cease to meet the eligibility criteria, we will cease making the relevant Product and/or fees available to you, and standard terms will apply. It is your responsibility to notify us of any change to your eligibility.
3. Online Booking Products
3.1 A number of Products offer the ability to pre-book a parking bay for a particular period in a Wilson Car Park via a Parking App or our website (Online Booking). An Online Booking that you make:
(a) is valid only for the time, date, Product, price, vehicle registration and Wilson Car Park specified in the Online Booking. Use at other times and locations, and use of other Products, will incur fees at Casual Parking rates;
(b) is valid only for the period booked. If your vehicle is parked in the booked parking bay for any time outside the period booked (and any grace period we allow), you will be charged for that time at Casual Parking rates.
(c) will be charged in full, even if you do not use the Online Booking, or your stay is shorter than the period booked;
(d) may be cancelled or changed by you, without any charge applying unless already incurred (such as an SMS Fee), by notifying us at least one hour prior to commencement of the booked period;
(e) must be validated using the credit card or other Wilson access device you nominated when booking. Use of a different credit card will attract Casual Parking rates;
(f) is non-transferable between different Car Parks;
(g) cannot be resold or leased to any person;
(h) is subject to review and approval by us. We may decline an Online Booking on any basis including limited availability of parking bays, volume of bookings by a Customer or length of time requested.
(i) may be cancelled by us without notice and without liability if we are unable or unwilling for any reason to provide the parking service booked. If we cancel, we will not charge for the Product and will promptly refund or cancel all fees already paid or incurred.
4. Fees and payment
4.1 Types of fees - we will provide you with information on fees as part of the terms we offer for each Product, as described in clause 2.1. Our fee types include the following:
(a) for Online Booking Products, the Booking Fee or Transaction Fee for booking a parking bay, and parking fees for use of a parking bay
(b) SMS Fee for receipt of Online Booking confirmation via SMS if selected
(c) Casual Parking Fees, usually shown at the Wilson Car Park entrance
(d) Monthly Parking Fees, usually shown in an application form or binding quote
(e) management fees for additional work you ask us to perform, that is not covered by any other fee.
4.2 Payment methods - we will make payment methods available to you that may differ between Products. Payment methods include cash payment, credit card payment from a pre-authorised account, direct debit (which will require you to complete and submit a Direct Debit Request Form), EFTPOS or credit card swipe or other authorisation, online credit card or other payment platforms. Payment methods using third parties may carry additional terms which you and we must comply with.
4.3 Authorisation - when you give us your credit card or debit account details, you are authorising us to charge your credit card or debit account with the amount of the applicable fees, and you may not withdraw your authorisation until all fees have been paid.
4.4 Periodic fees - where a monthly or other periodic fee applies to your Product:
(a) we may require you to pay a separate initial fee before you can start using the Product;
(b) we will provide an invoice for each period;
(c) the periodic fee is payable in advance in the manner provided for by the payment method, and if no time is provided, within 14 days of receipt of an invoice;
(d) additional fees, such as Casual Parking fees, apply for usage of Products that falls outside the scope of services provided for the periodic fee;
(e) we may review the periodic fee at any time and notify you of a different fee to take effect on 10 days’ notice. Use of a Product by you after that period constitutes acceptance of the varied fee.
4.5 Our costs - any costs incurred by us in connection with a breach of this Agreement by the Customer, including legal costs, debt collection agency costs, commissions and GST, must be paid by the Customer within 7 days of written notice from us.
4.6 Spend limits - If the Customer is an individual, a limit of $5,000 (excluding GST) in fees accrued applies in any one month period. If the $5,000 limit is reached, the Customer will be denied access to any Wilson Car Park until we receive payment for the fees accrued.
4.7 Taxes - the amounts we charge you and that you must pay us will include applicable amounts in respect of Goods and Services Tax and other applicable taxes, charges and fees, however described, that we are required to charge you, or that we incur in respect of a Product we provide to you, and are not prevented from recovering from you. Any stamp duty assessed in respect of this Agreement is payable by you.
5. Risks and Liability
5.1 Physical risks - we will use due care and skill in providing you with the Products, and we endeavour to provide them in a safe and controlled environment. However, using a Wilson Car Park raises inherent risks you should be aware of. These include risk of: damage being caused to persons, vehicles or other property by third party drivers, pedestrians and other persons; hazards created by weather and environmental conditions; the condition of the property and structures in which the Wilson Car Park is located; theft or malicious damage; malfunctioning equipment such as lighting, lifts, boom gates or ticket and payment systems, and damage being caused in the course of conducting our operations.
5.2 5.2 Online risks - we will use due care and skill in providing you with Online Booking services, website services and functionality, the Apps, payment and technological support services. However, using technology raises inherent risks you should be aware of. These include risk of loss of service, outages, delays, loss of data, malicious or careless breaches of data security, and infection of your equipment by viruses or malware.
5.3 No guarantees - we do not guarantee:
(a) that the Products, or the technological and physical facilities that we use to provide the Products, will be available at all times;
(b) that your use of a Product will be uninterrupted or error free;
(c) that all Products or any particular Product will be available at a particular Wilson Car Park; or
(d) that in using the Product you will not incur any damage to person, vehicle or property.
(e) we may review the periodic fee at any time and notify you of a different fee to take effect on 10 days’ notice. Use of a Product by you after that period constitutes acceptance of the varied fee.
5.4 Consumer protection - the Australian Consumer Law (ACL) provides consumers with statutory rights that cannot be excluded. Other than as provided in the ACL, you use the Products at your own risk and we are not liable for damage caused to you or your vehicles or property. We limit our liability to resupplying the relevant Product to you or repaying the cost of the Product, at our election, to the extent the ACL allows.
5.5 Your obligations - when using a Product, you and each Parker are required to take reasonable care to avoid damage to yourself, other Parkers, other persons, and Wilson and third party property. You are liable for, and indemnify us against, any loss or damage or claim suffered by us in connection with any breach by you or a Parker of this requirement or this contract.
6. Registering with the Members’ Service Centre
6.1 We offer an online portal function that we refer to as theWilson One Members’ Service Centre or MSC. The MSC provides Customers with access to set up and manage an account with us, in accordance with the terms and conditions set out in this Agreement and any additional terms we notify for the MSC. Some Products including Monthly Parking require the Customer to use the MSC.
6.2 A Customer that is a corporation must appoint an authorised representative to administer the Customer's MSC account. The Customer is responsible for all actions of the representative and any other Parker using the services or operating its MSC account.
6.3 Becoming a registered user is free. You may register only if you are resident in Australia (or if a corporation, incorporated in Australia) and able to form a legally binding contract that is enforceable against you. For example, you must be at least 18 years old.
Wilson Parking employees and their immediate family members may become registered users, but might not be eligible for all offers, promotions or competitions.
6.4 You must:
(a) provide complete, accurate and current information when registering as a user;
(b) update your information to ensure it is kept current at all times;
(c) use an individual email address for registration; and
(d) complete the online booking fields with correct and valid information;
6.5 You are responsible for keeping your login information, including your username and password, secret and secure. You must not permit any other person to use your user name or password, or disclose to any other person your password or login details. Each username and password must be used by a single user and is not transferable. If either you or Wilson Parking has reason to believe your MSC account is vulnerable or compromised, that party must notify the other and the parties must cooperate to minimise misuse.
6.6 We may refuse your registration, or suspend or terminate you as a registered user, at our sole discretion and without entering into further discussions with you.
7. Special terms for Monthly Parking
7.1 The provisions in this clause apply where you have agreed to a contract for our Monthly Parking Product. As a Monthly Parking Customer:
(a) You have the exclusive use, for you and your authorised Parkers, of the agreed number of reserved and pre-allocated parking bays in an agreed Wilson Car Park, on each day that is not a weekend or public holiday in the relevant jurisdiction (Business Day);
(b) You acknowledge that on days other than Business Days, no bays are reserved for your exclusive use. On days other than Business Days, a Parker may use any parking bay available for unreserved parking; and
(c) On any day, instead of or in addition to your agreed reserved parking bays, you may use the number of unreserved parking bays as agreed in the contract (if any).
7.2 We may temporarily or on an ongoing basis change a parking bay reserved for a Parker if the reserved parking bay becomes unavailable for any reason, such as unauthorised use by a third party, or reconfiguration or maintenance works.
7.3 A Parker is only entitled to access to a Wilson Car Park during normal operating hours as displayed at the Car Park entry. After-hours access, if available, will attract additional charges, as specified at the Car Park entrance or on our website.
7.4 We are entitled to deny access to a Wilson Car Park:
(a) to a Parker if any fees remain unpaid by the Customer after the due date; or
(b) to an unreserved Parker if no unreserved parking bays are available for use; or
(c) if a Car Park, or any part of it including reserved parking bays, is unavailable due to circumstances beyond our control.
7.5 Where the Monthly Parking contract specifies a licence term, the contract will run for that term (unless terminated earlier) and continue after the end of that term until either party terminates by giving one month's written notice. Where no licence term is specified, the contract may be terminated by either party giving one month's notice at any time. If you terminate, and termination takes effect during a billing period, you must pay the full fees for that billing period.
7.6 You may cancel individual bays from the Monthly Parking contract by giving one month's prior written notice. If a minimum parking bay volume is agreed, you must maintain and pay fees for at least that volume for the agreed term.
7.7 Either party may terminate the Monthly Parking contract immediately if the other party is in breach of this Agreement and does not rectify that breach within 7 days of being notified of the breach (provided the breach can be rectified).
7.8 We may terminate the Monthly Parking contract in whole or in part if our operation of the relevant Car Park is terminated or expires. We will provide as much notice as practical in that event, and use reasonable endeavours to relocate the Customer to an alternative Wilson Car Park.
7.9 We may remove any vehicle left within a Wilson Car Park after the expiry of, or in contravention of, a Monthly Parking contract. In the event of removal, you will be solely liable for all removal, storage and disposal costs which arise and for the state and condition of the vehicle and any damage occurring.
8. Access Devices
8.1 If you purchase Monthly Parking or certain other Products, we provide you with one or more Access Devices, which are a form of access card, identification device or Parking App uploaded to your mobile device, which enables a Parker to obtain access to one or more participating Wilson Car Parks. An Access Device is not a financial instrument and cannot be used for any payments other than for Wilson Products linked to an active account.
8.2 You and each Parker you authorise are responsible for safe custody of the Access Device and for any fees incurred as a result of the use of the Access Device, whether or not the use was approved by or known to you or the Parker. Should an Access Device be lost or stolen, you must notify us promptly by calling 1800 PARKING (1800 727 546). Replacement of any Access Device may incur a fee.
8.3 Each Access Device and the associated intellectual property is and remains our property, including a Parking App used on a mobile device belonging to you or a Parker, but not the mobile device itself.
8.4 A Parker will, if not in possession of a valid Access Device when entering or leaving a Wilson Car Park, be liable to pay the Casual Parking fees at the Car Park.
8.5 An Access Device can be used for Casual Parking at the applicable rates for that Product, in addition to the Monthly Parking or other Product(s) for which we supplied it. The Access Device might not be eligible for early bird or other discount rates.
8.6 Prior to authorising a Parker to use your parking bay, you must record, and provide to us through the MSC, the details of the Parker and the Parker's Access Device.
9. General terms applying to Products
9.1 No safe custody - no employee, agent or contractor of Wilson Parking has authority to accept any goods for safe custody and we will not be liable in any case for loss of or damage to any article alleged to have been left by you or a Parker with us or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.
9.2 Loss and damage - we are not liable for the loss of or any damage to any vehicle, accessories, contents or articles left with us or in a Car Park. You and each Parker acknowledge that the services provided under this Agreement relate only to the provision of parking of vehicles and not to their safety or security.
9.3 No property rights - this Agreement does not create any tenancy or confer any interest upon you or any Parker by way of lease, licence, or otherwise in any part of a Wilson Car Park. You acknowledge that nothing in this Agreement grants you or any Parker exclusive possession of any part of the Car Park, including any reserved bay.
9.4 Vehicle assistance - If, at the request of a Parker, we provide any form of vehicle assistance, such as re-charging the battery of a Parker’s vehicle:
(a) You accept such assistance at your own risk in all aspects;
(b) if any damage is caused to the Parker's or any other vehicle or property, you and the Parker each release us from any claim which you or the Parker may otherwise have against us in respect of that damage; and
(c) you indemnify us against any loss, damages or other costs incurred or suffered by us in connection with any claim made by the Parker or any third party against us in respect of or arising out of the assistance given.
10. Personal information
10.1 When using our Products, you may be asked to provide personal information. If you do not provide this information, you will not be able to complete the online booking process.
10.2 By becoming a registered user, you agree to receive emails, SMS messages and marketing materials from us and our business partners.
11.1 Disputes - if a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by emailing - email@example.com
11.2 Jurisdiction - use of a Product is governed by the laws of the Australian jurisdiction where the relevant Wilson Car Park is located and any dispute will be determined by the courts of that jurisdiction. If a dispute arises covering more than one jurisdiction, the dispute is governed by the laws of Western Australia and will be determined by its courts.
11.3 Updates - we can change these Terms at any time by posting the updated version to our Website. The updated Terms will apply to a Monthly Parking or other continuing contract, but not to any Online Booking made before the update.
11.4 No waiver - if we do not exercise or enforce any right available us under these Online Booking Terms, it does not constitute a waiver of those rights.
11.5 Severance - if any provision of these Online Booking Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision will be severed from the remaining provisions, which will continue in full force and effect.
11.6 Notices - if you provide us with contact details in the course of purchasing a Product, we will send notices to you using those details. You can send notices to us by firstname.lastname@example.org or other online forms provided.