car park Terms and Conditions

By entering this car park you agree to be bound by these conditions. If you do not accept these conditions you must immediately proceed to the nearest exit and leave the car park. We make no express warranties in relation to the services we provide. Under the Fair Trading Act and Consumer Guarantees Act, consumers have certain rights which cannot be excluded, including guarantees as to the fitness for purpose of services. Nothing in these conditions of entry shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Fair Trading Act and Consumer Guarantees Act, and which by law cannot be excluded, restricted or modified.

 

Limitation of liability and indemnity

You enter and use the car park at your own risk. Subject to your rights under the Fair Trading Act and Consumer Guarantees Act, we are not liable for, and you indemnify us against, any cost, expense, liability, loss, damage, claim or proceeding (whether direct or indirect, howsoever rising) we incur in relation to:

  • personal injury to or death suffered by you or any person; or

  • theft, loss of, destruction or damage to, any vehicle, its parts or accessories, any property on or in a vehicle or elsewhere in the car park or any damage to the car park, arising out of, or in any way relating to the use of the car park by you or any person in your company, except to the extent that any liability is caused or contributed to by our negligence or breach of these conditions by us.

 

Usage restrictions

You must not distribute handbills or pamphlets, engage in any commercial activities or use skateboards, scooters or roller blades without our authorisation. You must not bring or leave in this car park any offensive, hazardous or dangerous substance or thing, nor anything which may be or become a danger, nuisance or inconvenience to us or to any person lawfully in or about this car park or Centre. If you do so you shall be trespassing.

 

Fee

Parking fees will be charged in accordance with the schedule of fees displayed in this car park or as we otherwise communicate to you in writing from time to time. If you bring your vehicle into this car park you agree to pay the parking fee as set by us from time to time. We may prevent exit of a vehicle from this car park until we are satisfied that any fee is paid and we will not be liable to you for doing so except to the extent that any liability is caused or contributed to by our negligence.

 

Compliance with signs, directions, hours of operation

You must, whilst in the car park, comply with all its signs and with all directions and requests made by us. In particular, you must:

  •  not cause any obstruction in this car park;

  • not park anywhere that we designate as a no parking or reserved area unless you are authorised by us to park in those areas;

  • not use the car park other than in accordance with the signage and markings in the car park and any instructions we may give you;

  • not use parking bays set aside for mobility impaired and/or disabled persons unless you are lawfully entitled to use these bays and you display clearly on the vehicle a current permit; and

  • gain access to or remove a vehicle only during the hours we display in the car park.

Exit of vehicles

We may permit the exit of a vehicle whether evidence of authority or entitlement to remove a vehicle is produced or not. We are not liable for the theft or loss of or damage to a vehicle or delivery of your vehicle to any person who did not have authority to use or take your vehicle, except to the extent that any liability is caused or contributed to by our negligence.

 

Our rights in respect of your vehicle

We may deny you access to the car park of your vehicle, or may enter, move, drive or park any vehicle by towing or otherwise, at any time if required by law or reasonably necessary for the safe operation of the car park. We also have the right to prevent exit of a vehicle until we are provided with evidence of ownership or entitlement to receive the vehicle satisfactory to us. In the event that a vehicle is left on our premises for a continuous period in excess of 24 hours then we may move the vehicle by towing or otherwise at your expense.

 

Parking guidance and licence plate recognition cameras

When you use our car park we may capture your licence plate and vehicle information through licence plate recognition cameras and parking guidance systems. The information we collect assists Invercargill Central to manage and improve the operation of the Centre including the car park area. We use this information for measuring and analysing car parking dwell times and shopper behaviour, marketing purposes, security purposes and to assist you to locate available car spaces and your car. By entering the car park, you consent to Invercargill Central collecting and using this information. If you do not provide Invercargill Central with this information, Invercargill Central may refuse to grant you entry into the car park. Invercargill Central will keep this information secure and treat this information in accordance with Invercargill Central’s privacy policy, which can be found at https://www.invercargillcentral.nz/privacy-policy or on request from the Invercargill Central Customer Service desk. Our privacy policy contains information about how you can access and correct your personal information held by us, and how you can make a complaint regarding use of your information.

 

Interpretation

“any person in your company” means any person who comes into the car park with you or in your vehicle or who was brought or sent into the car park by you.

“car park” means all the property constituting the car park including any entry and exit ramps, loading docks, driveways and elevators and stairways servicing the car park.

“us” or “we” means each of the owner(s) of the Centre and any manager of the Centre from time to time, and their related bodies corporate, employees, agents and subcontractors.

“you” and “your” refers to and includes each person who enters the car park in any manner and any owner of a vehicle which enters the car park.