Wilson Parking Terms

7 Eleven Perks Terms and Conditions

Wilson Parking Terms

1. Your contract with Wilson Parking

1.1 Introduction - Wilson Parking Australia 1992 Pty Ltd (we or Wilson Parking) offer a number of different ways for our customers (you or Customer) to 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, including car parks owned or operated by InterPark Australia Pty Ltd ABN 83 115 170 771 (InterPark) (Wilson Car Parks). We refer to our services and products, including those provided by InterPark, 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 company or other legal entity) 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 into 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 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 immediately 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 Wilson 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 Wilson Products by the Parker, until withdrawal is effected in all respects.

2. Wilson Products

2.1 Product descriptions - full descriptions of the Wilson 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;

(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 Products include:

(a) a Wilson Parking card available on application that allows for access to a Wilson Car Park and to other Wilson Products, automatic payment by direct debit from your nominated credit card account, provision of records and data about your parking usage;

(b) Monthly Subscription options are available on application that allow you to either:

(i) reserve and use a designated parking bay in one or more specific Wilson Car Parks, for a monthly payment; or

(ii) use an available unreserved parking bay in one or more specific Wilson Car Parks for a monthly payment;

(c) the prepaid parking service available via the Parking App or on our website at https://www.wilsonparking.com.au/prepay/ that allows you to prepay for an unreserved parking bay in a specific Wilson Car Park, for one or more uses, at a particular time(s);

(d) the Daily Pass Bundle available via the Parking App that allows you to prepay a specific quantity of daily passes in bulk that can be used for an unreserved parking bay in one or more specific Wilson Car Parks, for one or more uses, in a defined period;

(e) a Parking App that allows you to prepay or start an Online Parking Session for an available unreserved parking bay in a specific Wilson Car Park;

(f) Casual Parking, which allows you to use an available unreserved parking bay in a Wilson Car Park, without prepaying;

(g) access to Online Account facilities to enable you to manage your Wilson Products; and

(h) other Wilson Products that we may make available from time to time

2.3 Eligibility for particular Products – we may offer certain Wilson 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 Wilson 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 Parking Products

3.1 A number of Wilson Products offer the ability to:

(a) prepay for a parking bay for a particular period in a Wilson Car Park via a Parking App or our website (Prepaid Parking);

(b) prepay for a specified number of unreserved parking bays in one or more particular Wilson Car Parks via a Parking App (Daily Pass Bundle); and

(c) start and pay for a paid parking session for a parking bay in a Wilson Car Park via a Parking App (Online Parking Session)

(collectively, Online Parking Products).

3.2 A Prepaid Parking:

(a) is valid only for the time, date, Product, price, vehicle registration and Wilson Car Park specified in your Prepaid Parking selection, and is subject to availability in the selected Car Park. 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 selected. If your vehicle is parked in the parking bay for any time outside the period selected (and any grace period we allow (which is in our absolute discretion)), you will be charged for that time at Casual Parking rates;

(c) will be charged in full, even if you do not redeem your Prepaid Parking, or your stay is shorter than the period selected;

(d) may be cancelled or changed by you, by providing us notice within the time specified for cancellation under a particular Online Parking Product, but cancellation charges may apply depending on the particular Online Parking Product being cancelled (such as the non-refundable SMS fee paid at the time of pre-purchase);

(e) must be validated using the credit card or other Wilson access device you nominated when pre-paying. Use of a different credit card will attract Casual Parking rates;

(f) is non-transferable between different Wilson Car Parks;

(g) cannot be resold or leased to any person;

(h) is subject to review and approval by us. We may decline to offer Prepaid Parking on any reasonable basis including, limited availability of parking bays, volume of pre-payments by a Customer or length of time requested; and

(i) may be cancelled by us without notice and without liability if we are unable for any reason to provide the parking service selected. If we cancel, we will not charge for the Prepaid Parking and will promptly refund or cancel all fees already paid or incurred.

3.3 A Daily Pass Bundle:

(a) is valid only for the number of permitted entries (Daily Pass), price, vehicle registration and for the one or more Wilson Car Park specified in the Daily Pass Bundle (Participating Wilson Car Parks). Use in excess of the number of permitted entries, other locations, and use of other Wilson Products, will incur fees at Casual Parking rates;

(b) is valid only for use within 6 months of the date of purchase of the Daily Pass Bundle;

(d) must be validated using the credit or debit card or other Wilson access device you nominated when redeeming a Daily Pass by selecting an applicable prepaid product via the Wilson Parking App. Use of a different credit or debit card will attract Casual Parking rates;

(e) may be used at the Participating Wilson Car Parks but is otherwise non-transferable between different Wilson Car Parks;

(f) cannot be resold or leased to any person;

(g) is subject to redemption of each individual Daily Pass by selecting an applicable prepaid product via the Wilson Parking App and redemption of the Daily Pass Bundle is subject to availability of parking bays at the selected Car Park at any given time. The Prepaid Parking terms in clause 3.2 apply to each individual redemption of a Daily Pass via a Prepaid Parking Product; and

(h) may be cancelled by us without notice and without liability if we are unable for any reason to provide the parking service selected. If we cancel, we will not charge for the Daily Pass Bundle and will promptly refund or cancel all fees already paid or incurred.

3.4 An Online Parking Session;

(a) is valid only for the time, date, Wilson Product, price, vehicle registration and Wilson Car Park specified in in the Online Parking Session. Use at other times and locations, and use of other Products, will incur fees at Casual Parking rates;

(b) is valid only for the duration of your Online Parking Session. If your vehicle is parked in the parking bay for any time outside the session period (and any grace period we allow (which is in our absolute discretion)), you will be subject to breach notice;

(d) is non-transferable between different Wilson Car Parks;

(e) cannot be resold or leased to any person; and

(f) may be cancelled by us without notice and without liability if we are unable for any reason to provide the parking session that has been selected. If we cancel, we will not charge for the Online Parking Session 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 Wilson Product, as described in clause 2. Our fee types include the following:

(a) for Online Parking Products, the transaction fee for Prepaid Parking or starting an Online Parking Session, and parking fees for use of a parking bay;

(b) SMS fee for receipt of an Prepaid Parking confirmation via SMS if selected;

(d) for Monthly Subscription Products, the Monthly Subscription fee, transaction or service fee and any levy amount, usually shown in an application form or binding quote;

(e) credit or debit card processing fees at certain Wilson Car Parks where you or a Parker pulls a ticket and makes payment via a credit or debit card;

(f) replacement fees for an Access Device;

(g) management fees for additional work you ask us to perform, that is not covered by any other

4.2 Payment methods - we will make payment methods available to you that may differ between Wilson Products. Payment methods include cash payment, credit or debit card payment from a pre-authorised account, direct debit, 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. You also authorise us to conduct ‘out-of-cycle’ direct debits on your credit card or debit account for the outstanding amount of any applicable fees. This will generally occur on or about the 15th day of a month, however we reserve the right to change this indicative timeframe at our sole discretion. You may not withdraw your authorisation until all applicable fees have been paid.

4.4 Periodic fees - where a monthly or other periodic fee applies to your Wilson Product:

(a) we may require you to pay a separate initial fee before you can start using the Wilson Product, which will be advised to you;

(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 Wilson 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 at least 20 days’ prior notice. Use of a Wilson Product by you after that notice period constitutes acceptance of the varied fee. If you do not accept the varied fee, you may give notice to us prior to the expiry of the notice period terminating the Wilson Product with effect at the end of the current payment cycle. However, if a Monthly Subscription contract specifies agreed periodic review fees, those periodic fee reviews apply and there is no additional right to terminate in relation to the fee

4.5 Our costs - any costs reasonably and actually incurred by us in connection with a breach of this Agreement by the Customer, debt collection agency costs, commissions and GST, must be paid by the Customer within 7 days of written notice from us.

4.6 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 Wilson 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 Wilson 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, electric vehicle chargers or ticket and payment systems, and damage being caused in the course of conducting our operations.

5.2 Online risks - we will use due care and skill in providing you with Online Products and Online Account services, website services and functionality, the Parking 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. You must only access Online Products or your Online Account through secure means. You must exercise caution if you use public or unsecured computers or devices, and you accept responsibility for all risk should you choose to do so.

5.3 No guarantees - we do not guarantee:

(a) that the Wilson 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 Wilson Product will be uninterrupted or error free;

(d) that any particular Wilson Product will be available for use at more than one particular Wilson Car Park;

(e) that all specified channels of transaction, selection, prepay or other payment method for a Wilson Product will be available; or

(f) that in using the Wilson Product you will not incur any damage to person, vehicle or property

5.4 Consumer protection - the Australian Consumer Law (ACL) provides consumers with statutory guarantee rights that cannot be excluded.

5.5 Your obligations - when using a Wilson 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 except to the extent caused by our negligence, mistake, fraud or willful default.

6 Online Accounts

6.1 We provide Customers with an online service where they may choose to register an account with Wilson Parking (Online Account). An Online Account 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. Some Wilson Products including Monthly Subscription may require the Customer to set up and use an Online Account.

6.2 A Customer will be responsible for keeping all details secure and for all activities and changes initiated using the Customer’s Sign In details, whether or not such use has been authorised by the Customer of the Online 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;

(d) complete any online fields with correct and valid information;

6.5 All changes to a Customer’s Online Account take effect from the time they are made, but may be subject to review and approval (or otherwise) by Wilson Parking.

6.6 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 Online Account is vulnerable or compromised, that party must notify the other and the parties must cooperate to minimise misuse.

6.7 You are liable for any loss, damages or charges incurred as a result of failing to maintain confidentiality of your Sign In details or any misuse, errors or delays in managing the Online Account.

6.8 You must ensure that your use of an Online Account will not damage or disrupt Wilson Parking in any way. It is prohibited for Customers to use software, devices or other means to access, copy, monitor or impair any aspect of the technology, systems and platforms we use to provide Online Accounts.

6.9 We may refuse your registration, or suspend or terminate you as a registered user, where you have breached these terms, or otherwise engaged or attempted to engage in unlawful conduct, including fraud or wilful wrongdoing.

6.10 Subject to clause 5.4, Wilson Parking does not guarantee fault-free or continuous availability of your Online Account. When access is faulty or unavailable, you may use other means to contact Wilson Parking.

6.11 Wilson Parking will endeavour to maintain the security of your Online Account and your confidential information. However you acknowledge that use of the internet and services are not guaranteed to be secure from all breach of risk of harm. Wilson Parking is not liable for any release, dissemination, unauthorised access to or disclosure of such information.

7 Special terms for Monthly Subscriptions

7.1 The provisions in this clause apply where you have agreed to a contract for our Monthly Subscription

7.2 As a Monthly Subscriber for reserved parking bay(s):

(a) You have the exclusive use, for you and your authorised Parkers, of the agreed number of reserved and pre-allocated parking bays in one or more agreed Wilson Car Parks, 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).

(d) 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 As a Monthly Subscriber for unreserved parking bay(s):

(a) you have the non-exclusive use, for you and your authorised Parkers, of the agreed number of unreserved parking bays in one of more agreed Wilson Car Parks, subject to availability in the selected Car Park;

7.4 A Parker is only entitled to access to a Wilson Car Park during normal operating hours as displayed at the Wilson Car Park entry or on our website. After-hours access, if available, may attract additional charges, as specified at the Wilson Car Park entrance or on our website.

7.5 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 Wilson Car Park, or any part of it including reserved parking bays, is unavailable due to circumstances beyond our control.

7.6 Where the Monthly Subscription contract specifies a licence term, the contract will run for that term (unless terminated earlier under clause 7.8 or 7.9 or by you giving at least one month's written notice prior to the end of the term) and continue after the end of that term until either party terminates by giving at least one month's written notice. Where no licence term is specified, the contract may be terminated by either party giving at least 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.

7.7 You may cancel individual bays from the Monthly Subscription contract by giving one month's prior written notice. If a minimum parking bay volume is agreed as part of the Monthly Subscription contract, you must maintain and pay fees for at least that volume for the agreed licence term.

7.8 Either party may terminate the Monthly Subscription 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).

7.9 We may terminate the Monthly Subscription contract in whole or in part if our operation of the relevant Wilson Car Park is terminated or expires for any reason. 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.

7.10 We may remove any vehicle left within a Wilson Car Park after the expiry of, or in contravention of, a Monthly Subscription 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 a Monthly Subscription or certain other Wilson 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 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 Wilson Car Park.

8.5 An Access Device can be used for Casual Parking at the applicable rates for that Wilson Product, in addition to the Monthly Subscription or other Wilson 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 Members Service Centre, 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 Wilson Car Park unless it has been caused by our negligence, mistake, fraud or willful default. 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 Electric chargers – if you or a Parker use an electric vehicle charger in a Wilson Car Park:

(a) you use the electric charger at your own risk in all aspects; and

(b) if any damage is caused to your, the Parker's or any other vehicle or property arising from or in connection with the use of an electric vehicle charger, we are not liable for the loss of or any damage to any such vehicle or property.

9.5 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 except to the extent caused by our negligence, mistake, fraud or wilful default.

10 Personal information

10.1 When using our Wilson 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 or digital prepayment or transaction, as applicable.

10.2 By becoming a registered user, you agree to receive emails, SMS messages and marketing materials from us and our business partners.

10.3 We will use, store and disclose personal information in accordance with our Privacy Policy, which can be found here: https://www.wilsonparking.com.au/legalstuff/privacypolicy .

11 General

11.1 Intellectual property – Wilson Parking owns all intellectual property in all materials relating to the Wilson Products, Online Accounts and Wilson Apps outlined under these Terms including trade marks, text, graphics, data, online materials and other copyrighted information. No part of these materials may be reproduced, stored, modified or uploaded to another location by a Customer without the prior written approval of Wilson Parking.

11.2 Disputes - if a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution via our online contact form on our website.

11.3 Jurisdiction - use of a Wilson 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.

11.4 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 Subscription or other continuing contract, but not to any Online Parking Product purchase made before the update.

11.5 No waiver - if we do not exercise or enforce any right available us under these Terms, it does not constitute a waiver of those rights.

11.6 Severance - if any provision of these 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.

11.7 Notices – if you provide us with contact details in the course of purchasing a Wilson Product, we will send notices to you using those details. You can send notices to us via our online contact form provided on our website.

Wilson Parking Terms

Wilson Parking Terms

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7 Eleven Perks Terms and Conditions