Terms and conditions

Last updated 13 September 2017

This Ticketless Parking Service assists you in paying parking fees which apply to the use of parking facilities provided by Vicinity (Vicinity Carparks).

In these Terms and Conditions, “Ticketless Parking Service" means the licence plate and camera-based car park entry, exit and automated payment system for parking at shopping centres operated by Vicinity (Centre).  A reference to "us" or "we" or "our" or "Vicinity” means Vicinity PM Pty Ltd (ACN 101 504 045), the owners of the Centre from time to time and their related bodies corporate, employees, agents and subcontractors (as applicable).

By using the Ticketless Parking Service, you agree to these Terms and Conditions, the Vicinity Privacy Notice as well as the notices, terms of entry and disclaimers displayed on this Website and at Vicinity Carparks, which form the agreement between you and Vicinity regarding access to and use of the Ticketless Parking Service.

We may change these Terms and Conditions at any time by making revised Terms and Conditions available via the Website and notifying you that the Terms and Conditions have changed. You accept the revised Terms and Conditions when you continue to use the Ticketless Parking Service after a change to the Terms and Conditions have been notified to you. 

Vicinity is the copyright owner of the material on this Website or is licensed by the copyright owner to use the material on this Website. All trademarks, brands and names appearing on the Website are the property of their respective owners. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

Subject to your compliance with these Terms and Conditions, Vicinity grants to you a revocable, non-exclusive, non-transferable licence to use the Website and the Ticketless Parking Services. You must not, and must not allow any third party to, use the Ticketless Parking Service for any purpose other than paying parking fees.  Your use of this Website and access to material on this Website does not grant or transfer any rights, title or interest to you in relation to this Website or the material. No part of any material on this Website may be linked to, reproduced, adapted, published, distributed or transmitted without the specific written consent of Vicinity.

1. Registering and Use of Customer Account

i) The Ticketless Parking Service can be accessed via the following website: https://parking.vicinity.com.au/ (Website).   In order to access and use the Ticketless Parking Service, you will need to register for an account via the Website (Customer Account) and set up a username and password for accessing your Customer Account. You will be issued with a confirmation email if your application to register a Customer Account is successful. We reserve the right to reject your application to register for a Customer Account. We also reserve the right to revoke your right to use of a Customer Account or the Ticketless Parking Service at any time.

ii) You are responsible for keeping your username and password secure. You are also responsible for all activity and use of the Ticketless Parking Services carried out using your Customer Account, your vehicle(s) and the number plate(s) which you nominate to add to your Customer Account (Authorised Vehicle). You must comply with all applicable laws when using the Ticketless Parking Service, which includes not using the Website while driving and not using the Website to engage in any illegal activities.

iii) Fees and charges apply to your use of the Ticketless Parking Service as listed and displayed on entry to the Vicinity Carpark and/ or specified on the Website. Please note that we may change or update the fees, charges, terms and conditions that are displayed on the Website and in Vicinity Carparks from time to time. 


iv) You are responsible for notifying us if you qualify for any discount on Parking Fees (including as a Retail Staff Parker or as a Disability Permit Parker).

Retail Staff Parkers: If you wish to apply for staff parking as an individual who works at the Centre, then you must visit the Centre Management office and show proof of employment i.e. payslip and photo identification.

Disability Permit Parkers: If you wish to be recognised as a Disability Permit Parker, then you must visit the Centre Customer Service desk and complete the Disability Permit application and present a valid disability permit.

Retail Staff Parkers and Disability Permit Parkers are bound by these terms and conditions as well as additional terms and conditions provided to them by Vicinity.

2. Payments, fees, and charges

i) You can pay any parking charges, administration fees, card transaction fees as well as other fees and charges applicable to your use of Vicinity Carparks (Parking Fees), either automatically via your Nominated Credit Card when using the Ticketless Parking Service, or at a pay station at the Centre.

ii)  When using the Ticketless Parking Service, you agree to:

  • nominate a credit card as part of registration for your Customer Account (Nominated Credit Card) and ensure that the credit card details which you provide remain correct, valid and current at all times during your use of the Ticketless Parking Service;  
  • update your credit card details via the Website should these details change or should your credit card be cancelled, altered, suspended or expire; and
  • ensure that there are sufficient clear funds/credit available on your Nominated Credit Card to meet your payment obligations under these Terms and Conditions.

iii) Payment processing for the Ticketless Parking Service is provided by Advam Pty Ltd (ACN 112 038 169) (ADVAM) via its ParkCharge solution. By providing your credit card details to ADVAM as part of registration of a Customer Account for the Ticketless Parking Service, you:

  • warrant that you are an authorised signatory to the Nominated Credit Card; and
  • authorise ADVAM to charge Parking Fees to the Nominated Credit Card in accordance with these Terms and Conditions.

iv) Your credit card details will be stored and retained by ADVAM for your future transactions in accordance with the Payment Card Industry Data Security Standard. You can manage your credit card information by logging into your account, going to the "Account Details" section and editing your “Payment Details”.

v) If you believe there has been an error in charging your Nominated Credit Card you must contact us (see contact details below) as soon as possible so that we can contact ADVAM and attempt to resolve the problem on your behalf. If we cannot resolve the problem you can refer it to your financial institution. If ADVAM incorrectly credits or debits an amount to the Nominated Credit Card, you authorise ADVAM to recover the correct amount from the Nominated Credit Card as a charge under these Terms and Conditions.
Please also note that merchant services fees may be payable for payments made using your Nominated Credit Card.

vi) If there is insufficient credit available in a Nominated Credit Card to meet your payment obligations under these Terms and Conditions, or your Nominated Credit Card is declined, you may be charged additional fees and charges and/or interest by your financial institution and your Customer Account may be suspended.
 If your Customer Account is suspended, you may be prevented from leaving the Vicinity Carpark and you will be required to pay any applicable Parking Fees at a pay station before exiting the Vicinity Carpark.

vi) If your credit card expires before you update your payment option, and we cannot process payments from you, you may receive an email notifying you of the shift of your payment type to “Pay in Centre”. If this happens, you’ll need to pay at a Pay Station until such time as you update your payment type with a valid credit card.

3. Customer Account statements, marketing and account closure

i) You may view your Customer Account transaction statement at any time by logging into your Customer Account on the Website and clicking on the "Transaction History" tab. Please note it may take 24 hours for your first activity to appear after setting up your account. We reserve the right to suspend your Customer Account if it is not used for a period of 24 months. 

ii) If you have opted-in to receive promotional material regarding the Centre, we may send you information about upcoming events, activities and promotions, both in-centre and at our other centres. You may opt out of receiving such materials via the notification preferences within your Customer Account at any time.

 iii) You may close your Customer Account at any time by contacting your Vicinity Carpark office (see contact details below) and requesting that your account be closed. You will be required to pay any outstanding Parking Fee balance.

iv)  ADVAM will process any final payment from your Customer Account and if there is money owing in your Customer Account, ADVAM will collect this from you by charging the Nominated Credit Card for the outstanding amount.


4. Liability

i) To the maximum extent permitted by law, Vicinity will not be liable to you, and you agree to release us from any liability (whether in contract, tort, under statute or otherwise), for:

  • any loss, damage, liability, claim, cost or expense including but not limited to loss, damage or corruption of data or records, loss of opportunity, revenue, profit, goodwill anticipated savings, or other economic loss, liability, expense, costs or damage; and

  • any indirect, consequential or economic loss or loss of profits, or incidental or punitive damages,

which is suffered by you under or in connection with the Ticketless Parking Service, the Website or in connection with these Terms and Conditions, except to the extent such loss, damage, liability or claim is caused by our negligent act or omission.

ii) You also agree to indemnify us against any loss, damage, liability, claim, cost or expense arising from or in connection with your breach of these Terms and Conditions or your misuse of, or illegal conduct engaged in using, the Ticketless Parking Service or your Customer Account.

iii) In the event of a breach by Vicinity of a condition, warranty or right under these Terms and Conditions or by law, to the maximum extent permitted by law, Vicinity’s liability for such breach shall be limited to (as determined by Vicinity in its absolute discretion):

  • the replacement of the goods or services or the supply of equivalent goods or services;
  • payment of the cost of replacing the goods or services;
  • reimbursement of any fees deducted in error; or
  • refund of the fees paid for goods or services.

iv) Whilst we take appropriate technical and organisational measures to safeguard the registration data that you provide, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any data that you transfer over the internet to us, ADVAM or the payment gateway.

5.  General

i) Nothing in these Terms and Conditions is intended to exclude, restrict or modify any provisions of any legislation which may not be excluded, restricted or modified by agreement. We may assign, novate or otherwise deal with any of our rights or obligations under these Terms and Conditions without obtaining your consent.


ii) The laws of Victoria govern these Terms and Conditions and you agree to submit to the non-exclusive jurisdiction of courts of Victoria.


iii) Contacts

Who do I contact should I have a complaint or query regarding my account or the Ticketless Parking Service? parking@support.vicinity.com.au or alternatively call the Vicinity Carpark Office on 9814 6000.

 

6.  Retail Staff Parker

i) This section applies to any individual whose application to be recognised as a Retail Staff Parker has been accepted by the Centre Management Office. Retail Staff Parker benefits are not transferable and you must notify us of the cessation of your employment at a Centre. If your Retail Staff Parker entitlements are not used for a period of 90 consecutive days, they may be suspended unless you notify us of your intention to resume use. 

ii) To qualify for Retail Staff Parker entitlements, please note that you must:

  • visit the Centre Management office and show proof of employment at the Centre (i.e. payslip and photo identification);
  • register on the Website for a Customer Account using the credentials provided to you by Centre Management Office;
  • comply with these Terms and Conditions;
  • comply with the operating rules of the Centre and Vicinity Carparks (including the notices, terms of entry and disclaimers displayed on this Website and at Vicinity Carparks);
  • comply with any directions or additional terms regarding the use of Vicinity Carparks, which are notified to you as a Retail Staff Parker by Vicinity from time to time; and
  • only park your Authorised Vehicle in the designated Retail Staff Parker areas at the Centre for which you have been granted Retail Staff Parker entitlements (Retail Staff Parking Areas).

 iii) Retail Staff Parker entitlements may include the right to discounted parking rates when parking in Retail Staff Parking Areas. Retail Staff Parkers will be notified of the parking rates that apply to their use of such designated Retail Staff Parking Areas either:

  • by Centre Management Office;
  • as displayed in the entry terms for the designated Retail Staff Parking Areas; or
  • as notified to the relevant individual by email or as posted on the Website from time to time.

iv) We reserve the right to determine in our absolute discretion the fees, charges and locations for Retail Staff Parking Areas. We may vary:

  • the fees and charges which Retail Staff Parkers pay to park their Authorised Vehicle in Retail Staff Parking Areas by providing Retail Staff Parkers with 30 days’ notice via email of the new fees and charges which apply; and
  • the locations designated as Retail Staff Parking Areas (including relocation to off-site locations from time to time). 

v) All Retail Staff Parking Areas operate on a first in first served basis. Available spaces in a designated Retail Staff Parking Area are not guaranteed. In the event that Retail Staff Parking Areas are full, Retail Staff will be required to find alternative offsite parking, or park in Vicinity Carpark areas designated for customer use (Vicinity Customer Parking Areas) subject to payment of the applicable rates displayed at the entrance to the Vicinity Customer Parking Areas.

vi) Retail Staff Parkers are not permitted to:

  • use their Retail Staff Parker entitlements to park in the Vicinity Customer Parking Areas. Retail Staff Parkers parking in Vicinity Customer Parking Areas  will be subject to the applicable standard public parking rates displayed at the entrance to the Vicinity Customer Parking Areas;
  • misuse the Ticketless Parking Service, including to engage in fraudulent activity (as reasonably determined by us), “sneak throughs”, “tailgating” or using their Retail Staff Parker entitlements for non-work related purposes. Any such misuse may result in the Retail Staff Parker losing their entitlement to use Retail Staff Parker Areas; or
  • exit and re-enter Vicinity Carparks (including the Retail Staff Parking Areas) on the same day to avoid paying applicable parking fees. Length and location of any previous visits to Vicinity Carparks that day may be accumulated to determine any fees and charges applicable.

vii) Upon entering Vicinity Carparks from external roads, Retail Staff Parkers must ensure that they enter and exit Vicinity Customer Parking Areas within the entry grace periods and exit grace periods which apply for driving to and from the Retail Staff Parking Areas. If the Retail Staff Parker exceeds either the entry grace period or exit grace period which applies then standard public parking rates will apply from the time of entry.


7.  Disability Permit Parkers

i) This section applies to any individual whose application to be recognised as a Disability Permit Parker has been accepted by the Customer Service Desk. Disability Permit Parker benefits are not transferable and you must notify us of the cessation of your Disability Permit. If your Disability Permit Parker entitlements are not used for a period of 90 consecutive days, they may be suspended unless you notify us of your intention to resume use. 

ii) To qualify for Disability Permit Parker entitlements, please note that you must:

  • visit the Customer Service Desk, complete the Disability Permit application and present a valid Disability Permit;
  • register on the Website for a Customer Account using the credentials provided to you by the Customer Service Desk;
  • comply with these Terms and Conditions;
  • comply with the operating rules of the Centre and Vicinity Carparks (including the notices, terms of entry and disclaimers displayed on this Website and at Vicinity Carparks);
  • comply with any directions or additional terms regarding the use of Vicinity Carparks, which are notified to you as a Disability Permit Parker by Vicinity from time to time; and
  • only park your Authorised Vehicle in the designated Disability Permit Parker areas at the Centre for which you have been granted Disability Permit Parker entitlements (Disability Parking Areas).

 iii) Disability Permit Parker entitlements may include the right to discounted parking rates when parking in Disability Parking Areas. Disability Permit Parkers will be notified of the parking rates that apply to their use of such designated Disability Parking Areas either:

  • by Centre Management Office;
  • as displayed in the entry terms for the designated Disability Parking Area; or
  • as notified to the relevant individual by email or as posted on the Website from time to time.

iv) We reserve the right to determine in our absolute discretion the fees, charges and locations for Disability Parking Areas. We may vary:

  • the fees and charges which Disability Permit Parkers pay to park their Authorised Vehicle in Disability Parking Areas by providing Disability Permit Parkers with 30 days’ notice via email of the new fees and charges which apply; and
  • the locations designated as Disability Parking Areas. 

v) All Disability Parking Areas operate on a first in first served basis. Available spaces in a designated Disability Parking Area are not guaranteed. In the event that Disability Parking Areas are full, Disability Permit Parkers may be required to find alternative offsite parking, or park in Vicinity Carpark areas designated for customer use (Vicinity Customer Parking Areas) subject to payment of the applicable rates displayed at the entrance to the Vicinity Customer Parking Areas, unless otherwise agreed with the Customer Service Desk, the Centre Management Office or the Vicinity Carpark Office.

vi) Disability Permit Parkers are not permitted to:

  • use their Disability Permit Parker entitlements to park in the Vicinity Customer Parking Areas. Disability Permit Parkers parking in Vicinity Customer Parking Areas  will be subject to the applicable standard public parking rates displayed at the entrance to the Vicinity Customer Parking Areas, unless otherwise agreed with the Customer Service Desk, the Centre Management Office or the Vicinity Carpark Office;
  • misuse the Ticketless Parking Service, including to engage in fraudulent activity (as reasonably determined by us), “sneak throughs”, “tailgating” or using their Disability Permit Parker entitlements other than when the Disability Permit holder requires access to the Disability Parking Areas. Any such misuse may result in the Disability Permit Parker losing their entitlement to use Disability Parker Areas; or
  • exit and re-enter Vicinity Carparks (including the Disability Parking Areas) on the same day to avoid paying applicable parking fees. Length and location of any previous visits to Vicinity Carparks that day may be accumulated to determine any fees and charges applicable.

vii) Upon entering Vicinity Carparks from external roads, Disability Permit Parkers must ensure that they enter and exit Vicinity Customer Parking Areas within the entry grace periods and exit grace periods which apply for driving to and from the Disability Permit Areas. If the Disability Permit Parker exceeds either the entry grace period or exit grace period which applies then standard public parking rates will apply from the time of entry.


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