Contractual Agreement — Private Car Park. By entering and allowing your vehicle to remain in a car park managed by OnlyPark, you acknowledge and agree that you are entering into a legally binding contract with OnlyPark under the following terms and conditions.
If you do not agree or accept these terms, you must immediately remove your vehicle from the car park. These Terms & Conditions must be read together with the Terms of Entry and signage displayed at the relevant site, which may include site-specific conditions such as maximum stay and permitted parker types.
01
Parking Conditions
- All vehicles must be parked within a designated, marked parking bay.
- Users must comply with all displayed parking signs, terms, and conditions.
- All customers must scan the QR code on arrival (if applicable).
- All paid parkers must pay on arrival (if applicable).
- Only authorised monthly parkers are allowed to park in the marked bay (if applicable).
- Parking in a disabled bay is strictly prohibited unless a valid Australian disability parking permit issued from the Australian government under the Australian Disability Parking Scheme (ADPS) is displayed.
- Parking is capped to one visit per day.
- Authorised staff are to park in allocated areas only.
- Parking is reserved for genuine customers and visitors of this site while attending this site. Leaving the site while your vehicle remains parked here is not permitted (see Customer and Visitor Parking Only).
02
Customer and Visitor Parking Only
- This car park is provided solely for the use of genuine customers and visitors of this site while they are attending this site.
- By parking here, you confirm that you are attending this site as a genuine customer or visitor and that your vehicle will remain parked only for the duration of that visit.
- You must not leave this site while your vehicle remains parked here. Leaving the site to attend any other premises, business, facility, event, or location while your vehicle remains parked is a breach of these Terms and Conditions, regardless of the reason or destination.
- Making a token, nominal, or incidental purchase does not, on its own, entitle you to park if the actual purpose of your visit, or the actual period your vehicle is parked, relates to being away from this site.
- Parking is for the period of your genuine attendance at this site only and is subject to the maximum stay displayed. Continued parking after you have left the site is not permitted.
03
Non-Compliance and Liquidated Damages
- Failure to comply with the conditions set out in the Parking Conditions section or the Customer and Visitor Parking Only section constitutes a breach of these Terms and Conditions.
- In the event of non-compliance, you agree to pay liquidated damages to OnlyPark as follows:
$155.00
- Not parking in a designated bay
- Parking in a loading zone
- Parking in a no standing area
- Parking on yellow marked lines, road / driveway or grassed area
$250.00
- Parking in a disabled bay without a valid permit.
$88.00
- Any other parking breach
- Leaving the site while your vehicle remains parked, or using the car park while not attending this site as a genuine customer or visitor
- If a Non-Compliance Notice is issued, you acknowledge and agree that affixing the notice to your vehicle or otherwise issuing it by OnlyPark constitutes sufficient notice of the claim for liquidated damages.
- If a Non-Compliance Notice is issued due to an incorrectly entered vehicle registration, despite the user correctly registering or booking their parking, a $30.00 administration fee will apply. This fee covers administrative processing and verification costs.
- If a Non-Compliance Notice remains unpaid after 14 days, the amount payable increases as follows, unless otherwise stated on the Notice:
Unpaid $88.00 notice
$88.00→$179.00
Unpaid $155.00 notice
$155.00→$318.00
Unpaid $250.00 notice
$250.00→$500.00
Unpaid $30.00 admin fee
$30.00→$60.00
04
Service Provision and Consumer Law Compliance
- OnlyPark will exercise due care and skill in providing parking services, in compliance with Subdivision B of Division 1 of Part 2-3 of the Australian Consumer Law (ACL) and any relevant State-based legislation.
- To the extent permitted by law, OnlyPark limits its liability for any failure to comply with a consumer guarantee under the ACL to either:
- The resupply of the services; or
- The cost of having the services resupplied.
- Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies that cannot be lawfully excluded under the ACL.
05
Exclusion of Liability
- Except as required by law, OnlyPark shall not be held responsible for any loss, damage, or theft of vehicles or personal property while within the car park.
- All persons entering and using the car park do so entirely at their own risk.
- To the extent permitted by law, OnlyPark excludes all liability for indirect, consequential, or incidental loss or damage arising from your use of the car park.
06
Indemnity
You agree to indemnify and hold harmless OnlyPark from any loss, damage, liability, or expense incurred as a result of your negligence, misconduct, or breach of these Terms and Conditions.
07
Authority to Vary Terms
No individual, other than the Compliance & Appeals Manager of OnlyPark, has the authority to modify, waive, or excuse compliance with these Terms and Conditions.
08
Definitions and Application
- In these Terms, "OnlyPark" refers to OnlyPark Pty Ltd, ABN 19 677 432 870, its officers, employees, contractors, and authorised agents.
- These Terms apply to all users of an OnlyPark-managed car park, regardless of whether a fee has been paid for parking.
09
Payment Terms and Additional Costs
- If payment is made within 14 days of issue of the Non-Compliance Notice, OnlyPark will accept the amount stated on the Notice as full and final settlement.
- If the amount remains unpaid after 14 days, the amount payable increases to the post-14-day amount specified in these Terms and Conditions.
- If the unpaid amount is referred to a third-party debt collection agency or solicitor for recovery, the debtor must also pay any reasonable third-party recovery costs actually incurred by OnlyPark in relation to that debt, including debt collection agency commission, solicitor's costs, court filing fees and enforcement costs, to the extent permitted by law.
- Any third-party recovery costs under clause (c) are additional to, and do not form part of, the post-14-day amount payable under clause (b).
10
Vehicle Entry, Removal, and Relocation
- OnlyPark reserves the right to enter, move, or remove any vehicle within the car park for operational, safety, or regulatory purposes.
- Vehicles deemed to be obstructing traffic, emergency access, or pedestrian pathways may be relocated or towed at the owner's expense.
11
Revocation of Parking Licence
- OnlyPark may, at its sole discretion, revoke your permission to use its parking facilities.
- Such revocation may be communicated by a notice affixed to your vehicle or sent to the registered owner.