Car Parking UNSW Village Pty Limited ABN 19 125 227 401 (the Owner) has limited parking available at UNSW Village (the Village). All cars parked in the Village are required to have a parking permit at all times. Parking permits will be available to residents of the Village and will provide the holder of the permit with 24-hour access to a parking space for the licence period, being 52 weeks of the calendar year commencing on and from 1 January 2015 (Commencement Date) and expiring at 12.00 noon on 31 December 2015 (Expiry Date), subject to the parking terms & conditions referred to below (Terms & Conditions). The cost per car space, per week is $37(vehicles) including GST (Parking Licence Fee) and will be added to the resident s fortnightly residential fee payable under the 2014 Residential Agreement with the Owner, or if elected by the permit holder, the Parking Licence Fee can be paid half yearly or annually upfront in advance. To apply for a parking permit, please complete and submit the application form below (Application Form). By completing and submitting this Application Form, you acknowledge that you have read and understand the Terms & Conditions and agree to be bound by the Terms and Conditions if the application for parking is approved by the Owner and/or Campus Living Villages Pty Limited, the operator of the Village (collectively, us). Application Form Refer to our Privacy Policy, a copy of which is available under Current Residents - Forms & Resources at www.unswvillage.com.au, on how your personal information may be collected, used, disclosed and stored by us. 1. Your full name (you): 2. Your Village Room number: 3. Your Home address: First Name Last Name City/Town Postcode Country 4. Mobile number: 5. Email address: 6. Motor Vehicle registration number: 7. Colour, make and model of Motor Vehicle (e.g. Black Holden Barina): Office use only (please complete): Approved and notified to applicant: Not Approved and date notified to applicant: (Approval Date) UNSW Village - Car Parking Application Form 2014 Campus Living Villages Pty Limited 1
Car Parking Licence Terms & Conditions Important Note: This is a legal document. If you do not understand any part of this document, you should ask for an explanation or seek advice from an independent party or a solicitor. 1. TERMS USED IN THIS DOCUMENT (a) Terms defined in the Application Form where used in these Terms and Conditions have the meaning given in the Application Form. (b) Whenever the terms listed below are used in these Terms and Conditions, they have the following meaning unless the context requires otherwise: Agreement means a formal legal agreement between you and the Owner, which includes the Application Form and these Terms and Conditions, allowing you, pursuant to a limited non-transferable licence, to park the Motor Vehicle in a single Parking Space in the Car Park for the Licence Period subject to these Terms and Conditions; Allocated Parking Space has the meaning given to that expression in clause 2(b); Application Form means the UNSW Village application form for parking at the Village completed by you and submitted to the Owner; Approval Date has the meaning given in clause 2(a)(i); Car Park means the areas of the Village allocated by the Owner for the parking of motor vehicles; Licence Period means the period commencing on the Commencement Date and ending at 12.00 pm (noon) on the Expiry Date; Motor Vehicle means the motor vehicle specified on your Application Form or such other motor vehicle as the Owner agrees, in writing, that you can park in the Parking Space; Owner has the meaning given on the Application Form, and includes Campus Living Villages Pty Limited ABN 19 093 198 915, the operator of the Village, and any employee, agent or authorised representative of either company; Parking Space means a parking space in the Car Park; Parking Licence Fee means the weekly amount specified in the Application Form (and for any period less than a week, means the pro-rata amount calculated with reference to the weekly fee calculated on a daily basis); Permitted Purpose has the meaning given to that expression in clause 2(c); Residential Agreement means the agreement which you have entered into with the Owner which entitles you to occupy a room in the Village for 2015; University means The University of New South Wales; 2014 Campus Living Villages Pty Limited 2
Village means UNSW Village, which is situated within the University at Gate 2, High Street, University of New South Wales, Sydney NSW 2052, and includes areas of the Village which might be in the possession or under the control of persons other than the Owner; Village Rules means the current rules relating to the conduct of residents of the Village and other matters regarding the operation of the Village which are determined by the Owner from time to time, as published on the Website; and Website means the Village website www.unswvillage.com.au or such other website as may be advised by the Owner from time to time. 2. YOUR RIGHT TO OCCUPY THE PARKING SPACE (a) Agreement i. This Agreement comes into effect, and you are bound by this Agreement, on and from the date the Owner notifies you in writing that your Application Form has been approved (Approval Date). If your Application is not approved by the Owner in writing, no Agreement arises and you are not authorised to park in the Car Park. ii. iii. This Agreement gives you the right to park the Motor Vehicle in the Allocated Parking Space for the Licence Period, subject to the Terms and Conditions. If you enter into this Agreement after the Commencement Date: I. your right to park the Motor Vehicle in the Allocated Parking Space commences on the Approval Date and continues up to and including earlier of the Expiry Date and the date this Agreement is terminated; and II. your liability to pay the Parking Licence Fee commences on the Approval Date and continues up to and including the Expiry Date. (b) Allocation of Parking Space The Parking Space which you will be entitled to occupy will be allocated to you by the Owner (Allocated Parking Space). The location of the Allocated Parking Space within the Village is at the absolute discretion of the Owner and the Owner reserves the right to change the Allocated Parking Space at any time by giving you written notice. (c) Use of the Parking Space Unless this Agreement is terminated early pursuant to clause 9 and subject to payment by you of the Parking Licence Fee pursuant to clause 3, you are entitled to use the Allocated Parking Space throughout the Licence Period for the sole purpose of parking the Motor Vehicle wholly within the Allocated Parking Space (Permitted Purpose). (d) Exclusive Use Subject to clause 2(b), you have the exclusive right to use the Allocated Parking Space for the Permitted Purpose during the Licence Period. The licence granted to you pursuant to this Agreement confers no priority right to future rights to park in the Village. 2014 Campus Living Villages Pty Limited 3
(e) Use by Nominated Vehicle Only No vehicle (or motorcycle, bicycle or any other thing) other than the Motor Vehicle can be parked or stored in the Allocated Parking Space. You must not park the Motor Vehicle in any other part of the Car Park or the Village other than wholly within the Allocated Parking Space. You must not exchange Parking Spaces with any other person without the Owner s written approval, which may be withheld in the Owner s absolute discretion. (f) Sharing of Parking Common Areas with Others You acknowledge that other persons will use other Parking Spaces in the Car Park. You agree that at all times the Motor Vehicle must be parked in the Allocated Parking Space (and not elsewhere in the Village) in such a way that no obstruction is caused to any other part of the Car Park or the Village. You are entitled access to the Allocated Parking Space through the Car Park and the Village common areas, together with other users of the Car Park and the Village, but the Owner may, in its absolute discretion, restrict such access at any time and for any reason. (g) Your Further Obligations You must: i. pay the Parking Licence Fee to the Owner for each week during the Licence Period (subject to clause 2(a)); ii. continue to pay the Parking Licence Fee for the whole Licence Period (subject to clause 2(a)), even if you do not use the Allocated Parking Space for the whole of the Licence Period iii. in your use of the Allocated Parking Space, respect the rights of other users of the Car Park and the Village; iv. not indulge in or permit any noisy, improper, offensive, illegal or otherwise unacceptable conduct or practices to occur in the Allocated Parking Space, or the Car Park or whilst driving the Motor Vehicle in the Village; v. not disturb or interfere with other motor vehicles or person(s) in the Car Park or the Village; vi. keep the Allocated Parking Space free of any personal belongings or items other than the Motor Vehicle; vii. keep the Allocated Parking Space free of oil and oil leaks and promptly remove any such occurrence (to the satisfaction of the Owner); viii. comply with the Village Rules, which you acknowledge that you have read and understood; ix. comply with any reasonable direction given by the Owner (including, without limitation, any signs, notices or rules in the Car Park or given by the Owner on the Website or otherwise) in relation to the operation, use and security of the Car Park and/or the Village; and x. not damage (or permit damage to) the Allocated Parking Space, the Car Park or the Village. (h) No Tenancy is Created by this Document You acknowledge that: i. the rights conferred by this Agreement are limited to the right to use the Allocated Parking Space as a licensee only for the Licence Period, unless this Agreement is terminated early; ii. nothing in this Agreement confers on you the rights of a tenant or any other proprietary interest in the Allocated Parking Space; and iii. you do not acquire any legal interest in the Allocated Parking Space or any other part of the Village pursuant to this Agreement. 2014 Campus Living Villages Pty Limited 4
(i) Owner s Right to Enter The Owner is entitled to enter the Allocated Parking Space at any time and for any purpose without any prior notice to you. 3. MONEY MATTERS (a) Making Payments to the Owner i. Without limiting any other provision of this Agreement, you must pay the Parking Licence Fee to the Owner: I. at the same time and in the same manner as you pay your residential fees to the Owner under your Residential Agreement; or II. if elected by you, half yearly or yearly in advance. ii. Unless otherwise agreed with the Owner in writing (in the Owner s absolute discretion), you must pay the Parking Licence Fee by direct debit from a bank account in Australia or by credit card and provide to the Owner all documents and authorities that the Owner may reasonably require. (b) Interest on Overdue Amounts You must pay to the Owner, when requested to do so, interest on any amount which you fail to pay to the Owner under this Agreement by the date on which it is due at such rate as the Owner advises (which will not exceed current interest rates payable by the Owner). (c) Credit Card Surcharge If you elect to pay the Parking Licence Fee or any other amount due under this Agreement via a credit card, the Owner may charge you a credit card surcharge equal to the amount that the Owner is, from time to time, charged by its bank for processing credit card payments. 4. TAXES AND LEGAL COSTS (a) (b) (c) The Owner may recover from you, in addition to the amounts referred to in this Agreement, any taxes, stamp or other duty, government levy (including car parking and/or car space levies), charges or other imposts which are payable or become payable in connection with this Agreement including in connection with any right to use the Allocated Parking Space. You must also pay any legal costs and other expenses which the Owner incurs in connection with any breach by you of your obligations under this Agreement, including but not limited to any amount paid by the Owner as a result of your funds not being available for Parking Licence Fee payment(s) on the due date (such as fees for dishonoured direct debit payments or other account fees). You must pay the amounts specified in this clause 4 when requested by the Owner to do so. If the Car Parking Licence Fee or any other amounts payable under this Agreement are not paid in accordance with this Agreement, the Owner may recover the amounts from you or deduct the outstanding amounts from the security deposit which you have paid to the Owner pursuant to your Residential Agreement. 2014 Campus Living Villages Pty Limited 5
5. CARE OF ALLOCATED PARKING SPACE (a) Proper Care You are responsible for the condition of the Allocated Parking Space during the Licence Period and you must ensure the Allocated Parking Space is always clean, free of rubbish and in good order. (b) No Alterations You must not make any alterations to the Allocated Parking Space or paint any surface. (c) Damage and Repairs You must pay the Owner the cost incurred by the Owner for repairing (or replacing as the case may be) any and all damage to the Allocated Parking Space, the Car Park, any fittings, equipment and other articles in the Car Park or the Village, and any other motor vehicle or property in the Car Park or the Village which is caused or contributed to by you, the Motor Vehicle or any person who is in control of the Motor Vehicle or by any guest or other person who is in the Car Park at your invitation or in your company. 6. YOUR USE OF THE PARKING SPACE Without limiting any other provision of this Agreement, at all times during the Licence Period (subject to clause 2(a)), you must: (a) not allow the Allocated Parking Space to be used or occupied in any way or for any purpose which is likely to cause any annoyance, interference, obstruction or harm to other users of the Car Park or lodgers or other persons in the Village; (b) not wash (except in any areas designated by the Owner for that purpose, if any), service or repair the Motor Vehicle or any other vehicle or any motor vehicle part or accessory in the Allocated Parking Space or the Car Park or any other part of the Village; (c) not cause any damage to any other motor vehicle parked in or passing through the Car Park or the Village, or to fittings, equipment or other articles in the Car Park or the Village or to any other articles in the Car Park or the Village; (d) promptly report to the Owner any such damage which you or any person who is in control of the Motor Vehicle or any guest or other person who is in the Car Park or the Village at your invitation or in your company may cause or contribute to; (e) not leave the Motor Vehicle in a position which might obstruct access to or use of the Car Park, a Parking Space or any other part of the Village; and (f) not interfere with any fire fighting appliances, extinguishers or sprinklers, smoke and other alarms, safety devices, security cameras or other devices, notices or other property of the Owner installed in the Car Park or any other part of the Village. 7. EXCLUSION AND LIMITATION OF LIABILITY (a) Parking is at your Risk You park the Motor Vehicle in the Allocated Parking Space solely at your own risk. Security of the Motor Vehicle is exclusively your responsibility. The Owner is not responsible for the safe custody of the Motor Vehicle or any article in any motor vehicle or otherwise in the Car Park. All conditions, warranties and terms implied by custom, the general law or statute which apply to the parking of the Motor Vehicle are excluded to the full extent permitted by law. 2014 Campus Living Villages Pty Limited 6
(b) Owner s Liability is Limited i. The Owner s liability for breach of any non-excludable implied condition or warranty is limited to the greater of: I. a refund of that part of the Parking Licence Fee paid for the good(s) and/or service(s) in respect of which the breach occurred; and II. the cost of suppling the good(s) and/or service(s) again. ii. The Owner disclaims, is not liable for and excludes, to the full extent permitted by law, all liability for any expenses, losses, damages and costs which you may incur or sustain as a result of: I. any loss of or damage to the Motor Vehicle or any other property; II. injury to or death of any person; or III. the exercise of the Owner s rights under this Agreement, caused by any act or omission of the Owner or any other person within or in the vicinity of the Car Park or any other part of the Village including, but not limited to, any negligent act or omission of the Owner. (c) Indemnity and Release You indemnify the Owner against and release the Owner from all expenses, losses, damages, costs, liability and claims that the Owner may sustain or incur, whether directly or indirectly, as a result of or in connection with: i. any loss of or damage to the Motor Vehicle or any property; ii. injury to or death of you or any other person; and iii. your use of the Car Park or the use of the Car Park or the Village by any guest or other person who is in the Car Park or the Village at your invitation or in your company. 8. ASSIGNMENT The Owner may assign its interest in this Agreement at any time without notice to you. You must not assign your interest in this Agreement. 9. TERMINATION (a) Termination Date i. Your licence to use the Allocated Parking Space and this Agreement will terminate on the earlier of: I. the Expiry Date; II. the day your Residential Agreement terminates or is terminated; and III. the date the Owner terminates this Agreement pursuant to this clause 9. ii. If you fail to comply with any of your obligations under this Agreement (including the Village Rules), the Owner may terminate this Agreement and your licence to use the Allocated Parking Space by giving you a written notice if: I. that failure to comply is of a nature which cannot be corrected; or II. you have not corrected that failure to comply to the satisfaction of the Owner within 7 days after the Owner gives you a notice which specifies the nature of your failure to comply and requires you to correct your failure to comply. (b) Vacation of the Allocated Parking Space on Termination You must vacate the Allocated Parking Space promptly on the earlier of the Expiry Date and the date that this Agreement is terminated and leave the Allocated Parking Space in a condition consistent with the performance by you of your obligations under this Agreement, clean (including free of any oil leaks and rubbish) and in a state fit for immediate use. 2014 Campus Living Villages Pty Limited 7
(c) Late Departure Without limiting any other provision of this Agreement, you must pay the casual hourly rates charged by the Owner if you fail to vacate the Allocated Parking Space by 12 noon on the earlier of the Expiry Date and the date of termination of this Agreement. (d) Return of Keys On or before the earlier of the Expiry Date and the date of termination of this Agreement, you must return the keys and/or any other means of access to the Car Park to the administration office of the Owner. If you fail to do so, you must pay the casual hourly rate on a daily basis until you do so. (e) Continuing Liability The Owner's right to terminate this Agreement based on your failure to comply with your obligations does not prevent the Owner from recovering from you, by deduction from the security deposit paid by you under the Residential Agreement or otherwise, any amount which is payable by you in accordance with this Agreement. (f) Left Items Without limiting any other provision of this Agreement, the Owner accepts no responsibility for any motor vehicle (including the Motor Vehicle) or other item(s) which you leave in the Allocated Parking Space, the Car Park or elsewhere in the Village following the expiry or termination of this Agreement. To the extent permitted by law, your ownership of any such property is, at the election of the Owner, deemed to have been transferred to the Owner at the expiration of 24 hours after the expiry or termination of this Agreement. The Owner may thereafter sell or otherwise dispose of the property at your risk and as your agent but without any obligation to account to you for the property or the proceeds of its sale. The Owner may recover from you any costs which the Owner incurs in the storage, disposal or sale of any such property. (g) Reduction of Car Spaces If at any time during the Licence Period any authority reduces the number of cars permitted to be parked in the Village, the Owner may terminate this Agreement by written notice to you. If this Agreement is terminated pursuant to this clause 9(g), the Owner shall refund to you any unused portion of the Parking Licence Fee paid in advance by you as at the date of termination. 10. GST Regardless of any other provision of this Agreement, if a goods and services tax or similar valued added tax (GST) is imposed on any supply made to you under or in accordance with this Agreement, the amount you must pay for that supply is increased by the amount of that GST (unless the consideration amount is expressed to be inclusive of GST). 11.NOTICES (a) The Owner may serve any notice on you at the email address referred to in the Application Form or such other address (email or otherwise) as you may notify the Owner in writing. A notice to you may also be left at the apartment in the Village which you occupy pursuant to the Residential Agreement. A notice required to be given in writing to you is deemed to be given in writing if sent by email. (b) Any notice which you wish to or must give to the Owner must be sent to info@unswvillage.com.au or left at the UNSW Village office in the Village. 2014 Campus Living Villages Pty Limited 8