Terms and Conditions

In these terms and conditions (“Terms”), “PriPark”, “us” “we” and “our” means Pri Park (SA) Pty Ltd (ACN 141 257 909). We operate and maintain:

the PriPark website accessible at / (“Website”) as outlined further in section 2.1.1;

the PriPark application (“Application”) as outlined further in section 2.1.2;

the services provided through the Application and Website, including those outlined further in section 2.1, (together, “the Online Services”); and

the car parking services outlined in and subject to the PriPark Customer Parking Agreement (annexed)

These Online Services Terms and Conditions govern digital platform use. The PriPark Customer Parking Agreement governs all physical parking services. In the event of conflict, the PriPark Customer Parking Agreement prevails.

1. TERMS OF USE

1.1. It is strictly prohibited to use the PriPark Application while you are driving a vehicle and/or in any way that may interfere with your attention to driving or the road conditions. [cite: 11] Any information provided in or via the PriPark Application does not and is not intended to replace any information regarding traffic conditions or laws relating to traffic, road safety and the use of smartphones or other Internet-enabled devices while driving. [cite: 12]

1.2. Pripark’s Application is available for you to download, access and use provided that you accept these Terms. [cite: 13] By downloading or continuing to access or use PriPark’s Application you are agreeing to be bound by these Terms. [cite: 14] If you do not agree to these Terms, you must not download, access or use PriPark’s Application. [cite: 15]

1.3. You acknowledge and agree that:

1.3.1. the access and use of PriPark’s Application is entirely at your own risk. [cite: 17] You are responsible for all activity in connection with your access to and use of Pripark’s Application; [cite: 18]

1.3.2. any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities; [cite: 20]

1.3.3. we may amend, move or remove, or add to, any or all of PriPark’s Services from time to time, at our discretion, without prior notice or liability to you, but where changes materially impact existing paid services or bookings, PriPark will provide reasonable notice or a refund, to the extent required by law; [cite: 21]

1.3.4. You must keep the login details for your use of the Application secure, and you are responsible for all activity under your account in the Application. [cite: 22]

1.4. You may not use the Online Services:

1.4.1. for any activities that breach any laws including any laws relating to traffic, road safety and the use of a smartphone or other internet enabled device whilst driving, infringe any party’s rights or breach any standards, content requirements or codes of any government authority; [cite: 24]

1.4.2. in any manner that may circumvent, damage, disable, overburden, or impair the Online Services or interfere with any other party’s access, use and enjoyment of the Online Services; [cite: 25]

1.4.3. to distribute any virus, harmful components or other disabling computer code in any form; [cite: 26]

1.4.4. to distribute any explicit, sexual, vulgar, offensive, obscene, profane or inappropriate imagery or communication, as determined by PriPark in its absolute discretion; [cite: 27]

1.4.5. in any manner which is or is likely to be invasive of a person’s privacy, could constitute harassment, or cause distress or inconvenience to any person; [cite: 28]

1.4.6. to make unauthorised access or modifications to the Online Services; [cite: 29] to obtain unauthorised or fraudulent access to any parking service featured on the Application operated by any third-party parking operator (Operator); [cite: 30]

1.4.7. to advertise or perform any commercial or other form of solicitation that is not authorised by us; and/or [cite: 31]

1.4.8. in any manner or for any purpose which is contrary to these Terms. [cite: 32]

1.5. PriPark reserves the right to amend these Terms from time to time. [cite: 33] Your use of the Online Services following any amendment constitutes your agreement to the Terms as amended. [cite: 34]

2. SCOPE OF SUPPLY AND USER REGISTRATION

2.1. The scope of supply of the Online Services is as follows:

2.1.1. Website: The purpose of the Website is to provide you with information about, and links to access, the Online Services including through the PriPark Customer Console. [cite: 37]

2.1.2. Application: The Application is a consolidated parking platform enabling you to locate, compare, navigate, book, facilitate access to and payment for any parking service featured on the Application via a smartphone application. [cite: 38]

2.2. The following services are provided through the Application:

2.2.1. platform to search for and view information about any parking services which are featured on the Application; [cite: 40]

2.2.2. booking and paying for parking services ("Payment Services"); and [cite: 41]

2.2.3. entering and exiting parking barriers using the Application ("Access Services"). [cite: 42]

2.3. To access Payment Services and/or Access Services, you must register as a user of the Application (User) by providing us with: [cite: 43]

2.3.1. your full name and email address OR access to your Facebook account; [cite: 44]

2.3.2. your phone number; and [cite: 45]

2.3.3. details of a valid payment method to enable to us deduct payments from you (i.e. a valid credit card) [cite: 46]

2.4. You must keep your payment method details current and accurate at all times. [cite: 47]

2.5. You must notify PriPark immediately of any unauthorised use of your account. [cite: 48]

3. USER INFORMATION

3.1. If you do not provide accurate and complete details, we may not be able to register you as a User or provide the Online Services to you.

3.2. You may use the Application without providing us with your User Information. However, if you do not provide us with your User Information, you will not be able to access certain Online Services including Payment Services and Access Services. Even if you do not provide us with your User Information, we will still have access to certain information associated with your use of the Application. This information will be collected in accordance with our Privacy Policy.

3.3. PriPark may refuse your registration as a User at its discretion without liability to you.

3.4. The contract for the supply of any parking service that you book, access or pay for through the Online Services is governed by the PriPark Customer Parking Agreement (annexed). If you book access or pay for parking services through the Online Services, you are deemed to accept and must comply with the terms and conditions of the PriPark Customer Parking Agreement.

3.5. In order to use Payment Services and Access Services, you must have a smartphone with internet access and be registered and logged in as a User, at the time you enter and exit the parking service.

4. FEES AND PAYMENTS

4.1. If you use Payment Services or Access Services, we will charge the applicable fees payable for the relevant parking service that you use directly to the credit card nominated in your User Information. We will also charge a 6% payment services fee in addition to any applicable fees for the relevant parking services, which reflects our costs in providing the Payment Services.

4.2. PriPark utilises an Australian merchant outlet to process all payments.

4.3. You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. If your payment fails, PriPark may suspend or terminate your access until payment is received.

4.4. If you use Payment Services and Access Services on a casual basis, the Fees will be automatically calculated by electronic means. We utilise proprietary integrated software and hardware to determine the time you enter and exit an Operator’s parking service and calculate the Fees accordingly. While we endeavour to charge the Fees at the time of using the Operator’s parking service, it may take up to five (5) business days for your credit card to be charged. We reserve the right to finalise the transaction and any applicable Fees manually if reasonably required.

4.5. In the event you use the Payment Services and Access Services to facilitate parking on a monthly basis, we will notify you before charging any applicable monthly Fees to the credit card nominated in your User Information. Payment will be required at least one day before the beginning of the relevant calendar month. Monthly parking will continue to renew on a month-by-month basis until terminated in accordance with the PriPark Customer Parking Agreement. Please contact PriPark in accordance with the PriPark Customer Parking Agreement to terminate your monthly parking arrangement.

4.6. To the maximum extent permitted by law, we exclude all liability and warranties relating in any way to information about Fees or the amount of the Fees actually charged to your credit card. Nothing in this clause restricts or modifies any right or remedy you may have under the Australian Consumer Law.

4.7. If you misuse Payment Services, Access Services, or the Online Services in any material way, shape or form, we reserve the right to obtain payment of the Fees and any other amount reasonably required to compensate PriPark in the circumstances, including legal, administrative or recovery costs arising directly from your misuse.

4.8. An internet connection is required to use the Online Services. Any fees and charges associated with establishing an internet connection to use the Online

5. REFUNDS

5.1. Refund requests will be assessed on a case-by-case basis. To the extent permitted by law, a refund, whether full or partial, will only be applied for a system error resulting in an incorrect charge, except for major failures or as may be otherwise required by law. [cite: 81, 82] Nothing in this clause restricts or modifies any right or remedy you may have under the Australian Consumer Law. [cite: 83]

5.2. PriPark, acting reasonably, reserves the right to refuse a refund for any Fees deducted from your PriPark account when deducted in accordance with these terms and conditions or in accordance with the PriPark Customer Parking Agreement, subject to your rights under the Australian Consumer Law. [cite: 84, 85]

5.3. Once a refund has been approved and processed, an email confirmation containing the refund amount and relevant transaction details will be sent to the email registered to your PriPark account. [cite: 86] Refunds may take up to 14 days to be completed and reflected in your bank account. [cite: 87]

6. INTELLECTUAL PROPERTY RIGHTS

6.1. All content on the Online Services, including graphics, logos, trade marks, moral rights, text, systems, designs, source code, material or software, is protected by Australian and international copyright and trade mark law. [cite: 89] Unless otherwise indicated, PriPark owns or is licensed to use all intellectual property (including patents, copyright, trade marks and designs) subsisting in the content on the Online Services. [cite: 90]

6.2. We grant to you a non-exclusive, non-transferable, and revocable licence to use the intellectual property rights in relation to the Online Services for the limited, non-commercial purpose of allowing you to access, use and enjoy the Online Services in accordance with these Terms. [cite: 91]

6.3. You must not, without our prior written consent: [cite: 92]

6.3.1. re-sell, offer to rent or lease the Online Services or any part thereof; [cite: 93]

6.3.2. modify, adapt, translate, reverse engineer, decompile, decode, disassemble, create derivative works or in any way derive or discover source code from the Online Services or any part thereof; [cite: 94]

6.3.3. integrate the Online Services or any part thereof within a good or service of your own; [cite: 95]

6.3.4. reproduce, republish, upload to a third party, repost, transmit, distribute, sub-licence, assign, share, rent, lease or otherwise transfer or grant any rights in the Online Services or part thereof, in any way. [cite: 96]

6.4. Any feedback or suggestions you provide may be used by PriPark without restriction and become PriPark’s property. [cite: 97]

7. PRIVACY POLICY

7.1. PriPark values the privacy of its Users and makes all commercially reasonable efforts to protect it. [cite: 99] PriPark Privacy Policy forms part of these Terms and covers the collection, use and disclosure of personal information that may be collected any time you interact with PriPark, such as when you use the Online Services or communicate with PriPark representatives and employees. [cite: 100]

7.2. To learn more about what information PriPark collects, what we do with that information, and how we may use your personal information, please read our Privacy Policy located at [URL]. [cite: 101]

8. WARRANTIES

8.1. By using the Online Services, you warrant that:

8.1.1. you are at least 16 years of age, or otherwise of legal age to be operating a motorised vehicle, in accordance with the law in the relevant country, state or territory;

8.1.2. you are capable of entering into legally binding contract with PriPark, and into a separate legally binding contract with any Operator;

8.1.3. you are authorised and able to make payment via any credit or debit card you have provided details for in the Application;

8.1.4. the credit or debit card the details for which you provided is valid; and

8.1.5. the User Information that you provide to PriPark in the Application is accurate and current, and that you will keep your User Information up to date at all times.

8.2. We will use our best efforts to provide you with the Online Services, however the Online Services are provided on an ’as is’ basis only. To the maximum extent permitted by law, PriPark excludes all warranties whether express, implied, statutory or otherwise relating in any way to the Online Services, and/or any other subject matter of these Terms. Nothing in this clause restricts or modifies any right or remedy you may have under the Australian Consumer Law.

9. LIMITATION OF LIABILITY

9.1. You acknowledge and agree that your use of the Online Services is at your own risk, and that you are responsible for your own conduct and any consequences arising from your use of the Online Services.

9.2. To the maximum extent permitted by law, we and our personnel, contractors and representatives are not liable to you or any third party for any indirect, consequential or special loss including but not limited to loss of profits, loss of revenue, loss of data, or loss of opportunity, arising out of or in connection with:

9.2.1. your use of, or inability to use, the Online Services;

9.2.2. any inaccuracy, error, or change in the Online Services, including the location, availability, or fees of any parking service;

9.2.3. any interruption, delay, or inability to access the Online Services due to any act or omission of a third-party provider;

9.2.4. any infringement of intellectual property rights or rights of any third party in connection with the Online Services;

9.2.5. any collection, use, or disclosure of your personal information or any data breach relating to such information;

9.2.6. your use of, or engagement with, any third-party content made available through the Online Services; and

9.2.7. any event beyond our reasonable control that prevents us from performing our obligations under these Terms.

9.3. To the maximum extent permitted by law, our total aggregate liability to your for any loss or damage arising out of or in connection with your use of the Online Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of:

(a) the total fees by you through the Online Services in the 12 months prior to the event giving rise to the claim; or

(b) $1,000.

9.4. Except as otherwise provided under the Australian Consumer Law, your sole and exclusive remedy for any breach of these Terms by us is to cease using the Online Services and terminate your account.

9.5. Any claim or action you wish to bring against us in connection with the Online Services must be commenced within 12 months of the event giving rise to the claim, except where a longer period is required by law. Statutory limitations periods are preserved to the extent required by law.

9.6. Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, including but not limited to:

9.6.1. statutory guarantees relating to the supply of services;

9.6.2. liability for death or personal injury caused by our negligence; or

9.6.3. liability for fraud or wilful misconduct.

9.7. For the purposes of this clause, "indirect loss" and "consequential loss" includes loss that does not arise as a natural and direct result of our breach of these Terms.

10. THIRD PARTY CONTENT

10.1. The Online Services may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content featured in the Online Services, we:

10.1.1. do not endorse, sponsor, verify or check any Third Party Content whatsoever, unless expressly stated otherwise;

10.1.2. do not have any association with the operators of the Third Party Content, unless expressly stated otherwise; and

10.1.3. are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content, or any changes or updates to the Third Party Content.

10.2. You access third-party content at your own risk.

11. INDEMNITY

11.1. You agree to indemnify PriPark, and its officers, directors, employees, and contractors (“Indemnified Parties”), against any loss, liability, cost, or expense (including reasonable legal fees) suffered or incurred by the Indemnified Parties arising directly from: 11.1.1. your breach of these Terms or our Privacy Policy;

11.1.2. your unlawful, negligent, or wilful act or omission in connection with your use of the Online Services; or

11.1.3. your infringement of any third-party rights (including intellectual property rights) arising from your use of the Online Services.

11.2. This indemnity does not apply to the extent that any loss, liability, cost, or expense is caused or contributed to by the negligence, breach, or wilful misconduct of PriPark or any Indemnified Party.

11.3. The total aggregate liability you have under this indemnity is capped at the greater of: (a) the total fees paid by you through the Online Services in the 12 months prior to the event giving rise to the claim; or

(b) $5,000.

11.4. PriPark shall notify promptly you of any claim giving rise to an indemnity under this clause, and you may, at your own cost, participate in the defence and settlement of any such claim.

11.5. Any claim for indemnity must be made within 12 months of the event giving rise to the claim.

11.6. The rights and remedies available to PriPark under this indemnity are in addition to, and do not limit, any other rights or remedies PriPark may have at law or in equity, including the right to claim damages for breach of contract.

11.7. Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

12. COMPLAINTS AND DISPUTES

12.1. If you have any concerns or complaints about the Online Services, please contact us by e-mail at enquiries@priparksa.com.au.

12.2. Before commencing any court or tribunal proceedings (except for urgent interlocutory relief), you must first attempt to resolve any dispute with PriPark by notifying us in writing and allowing at least 30 days for PriPark to respond and attempt to resolve the dispute.

13. TERMINATION

13.1. We may terminate or restrict your access to and use of the Online Services at any time without giving reasons. We are not liable to you for any costs, losses or damages of any kind arising from or as a consequence of terminating your access to and use of the Online Services. Termination does not affect any accrued rights or obligations.

13.2. Termination of these Terms does not automatically terminate the PriPark Customer Parking Agreement.

13.3. You may terminate your use and access to the Online Services at any time.

13.4. For Payment Services, if you terminate your use and access to the Online Services before the expiry of the relevant month, you will not be entitled to any refund of any Fees paid. However, you may continue to use the parking service in respect of which you have paid until the last day of the relevant month. Nothing in this clause limits any statutory rights you may have to refunds.

13.5. If you wish for us to delete your User registration and your User Information that we hold about you, you must contact us by email at enquiries@priparksa.com.au. Please note that while we will use reasonable efforts to delete or de-identify your User Information, some information may be retained, including:

13.5.1. in our back-ups;

13.5.2. in accordance with our Privacy Policy;

13.5.3. for legitimate business purposes, including in order for us to comply with our legal, tax and audit requirements with such information normally accessible by the PriPark management team; and

13.5.4. where it is reasonable in the circumstances for us to retain the information.

13.6. PriPark may retain your data as required for legal, regulatory or operational purposes, in accordance with the Privacy Policy.

14. LINKING

14.1. You may link to the Website or the Application if you have obtained written consent from us, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2. You must not establish a link from any website that is not owned by you.

14.3. PriPark may require you to remove any link at any time.

14.4. The Website or Application must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without notice.

15. GENERAL

15.1. If any part of these Terms is invalid, unenforceable for any reason, that part will be severed and the remainder will continue in force to the fullest extent permitted by law.

15.2. These Terms are governed by the laws of South Australia, Australia. You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms.

15.3. All rights which are not expressly granted in these Terms are expressly reserved.

15.4. Notices may be given by email or via the Online Services.

15.5. These Terms constitute the entire agreement between you and PriPark regarding the Online Services.

15.6. If you use any PriPark car parking services or enter a PriPark car park, you must also accept the terms and conditions of the PriPark Customer Parking Agreement. In the event of any inconsistency between these Terms and the PriPark Customer Parking Agreement, the PriPark Customer Parking Agreement will prevail.

16. FORCE MAJEURE

16.1. PriPark is not liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or failure of telecommunications or internet services.

17. ASSIGMENT

17.1. PriPark may assign or transfer its rights and obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms without PriPark’s prior written consent.

PriPark Customer Parking Agreement

Effective Date: 15.05.2025

This Agreement governs the use of car parking services provided by Pri Park (SA) Pty Ltd ("PriPark", "we", "our") by individuals or entities ("Customer", "you", "your") who access and use PriPark-managed parking facilities across various locations in Australia, including but not limited to open-air, boom-gated, and roller door access facilities.

This Agreement governs all physical parking services, while the Online Services Terms and Condition govern digital platform use. In the event of conflict, this Agreement prevails.

By using PriPark services, you acknowledge that you have read, understood, and agreed to be bound by:

the terms of this Agreement; and

The Enforcement Terms and Conditions (Schedule 1), which form part of this Agreement and are legally binding between you and the Manager.

1. DEFINITIONS

Agreement: This Customer Parking Agreement.

Casual Parking: Parking paid on a short-term basis (e.g., hourly/daily).

Monthly Parking: Pre-paid, ongoing parking arrangement for a specific parking facility renewed on a monthly basis. These may be for reserved parking or for unreserved parking.

Facility: Any PriPark-managed car park location.

Access Device: Any access card, fob, pin, or permit issued to a Customer.

2. GENERAL CONDITIONS (Applicable to All Customers)

2.1. License to Park: This Agreement provides a license to park only; no bailment or tenancy is created.

2.2. User Risk: Vehicles are parked at your sole risk. PriPark accepts no responsibility for loss or damage to vehicles or contents, including theft, vandalism, weather-related damage, or actions of third parties, howsoever caused, except where such loss or damage is caused by our own proven negligence or breach of Australian Consumer Law. Nothing in this Agreement limits your rights under the Australian Consumer Law.

2.3. Access: Access to certain facilities may be restricted by operating hours, gate or roller door mechanisms, or other security controls.

2.4. Compliance: Customers must comply with:

All posted signage and PriPark instructions;

All applicable laws and regulations;

Reasonable directions given by PriPark personnel, personnel of the Manager or their respective agents.

2.5. Misuse & Termination: Misuse of facilities (e.g., subletting bays, loitering, or unauthorised storage) may result in immediate termination and revocation of access without refund.

2.6. Insurance & Damage Liability: Customers are responsible for maintaining appropriate insurance (e.g., vehicle, theft, third-party) while using the facility. Customers will be held liable for the cost of repair or replacement of any PriPark equipment or property—including but not limited to boom gates, pay meters, roller doors, signage, and bollards—damaged due to their actions, negligence, or misuse. Customers are also responsible for any charges, penalties, or costs incurred as a result of accidentally or intentionally triggering fire alarms or other emergency systems.

2.7. Third-Party Services: PriPark may use third-party platforms, systems, or service providers (including but not limited to payment processors, booking engines, and enforcement agents) to deliver services under this Agreement. PriPark reserves the right to amend, replace, or transition between such third-party providers as needed to improve service quality, comply with legal requirements, or respond to operational needs. To the maximum extent permitted by law, PriPark is not liable for any act or omission of such third-party providers except where caused by PriPark’s negligence. Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

2.8. Access Revocation: PriPark reserves the right to temporarily or permanently restrict access to any facility at its sole discretion, including but not limited to reasons of safety, maintenance, emergency, non-compliance, or operational requirements. Where possible, PriPark will provide advance notice of access restrictions. Customers may terminate their agreement without penalty if access is restricted for more than 7 consecutive days for reasons other than customer breach.

2.9. Vehicle Removal & Abandonment: If a vehicle is left unattended for more than 48 hours without prior written consent or is considered abandoned or obstructive, PriPark may, at the owner’s cost, relocate, tow, or impound the vehicle. PriPark is not liable for any damage incurred in the course of such action, except where caused by PriPark’s negligence.

2.10. Force Majeure: PriPark shall not be held liable for any delay, cancellation or failure to perform its obligations under this Agreement if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, cyber attacks, amenity outages, pandemics, labour disputes, war, terrorism, emergencies or governmental actions.

2.11. Communication: All formal notices under this Agreement may be sent via email, physical mail, or displayed via signage, online platforms, or in-app notifications. Notices are deemed received when sent, posted, or displayed by PriPark.

2.12. Vehicle Insurance: Customers must ensure their vehicles are registered and insured under applicable laws. Customers are responsible for maintaining comprehensive insurance covering theft, damage and third-party liability.

2.13. Vehicle Condition and Use: Customers must ensure their vehicles are roadworthy, not do leak fluids, and do not pose a safety hazard. Storage of hazardous materials, commercial activities, or non-parking uses (eg. repairs, camping) is prohibited.

3. CASUAL PARKING TERMS

3.1. Payment: Upon parking your vehicle and for the duration of your stay in the car park, you must:

Enter into a valid parking session using the EasyPark app, in accordance with the EasyPark terms and conditions available in the app;

Enter into a valid parking session using the PriPark app, in accordance with the PriPark terms and conditions available in the app;

Enter into a valid parking session using a pay-by-plate meter located in the car park with the correct licence plate details for your vehicle; or

Clearly display on the dashboard a valid permit pass issued by PriPark (SA) Pty Ltd, or ensure the correct vehicle registration is selected in your PriPark permit dashboard; or

Follow any alternative direction provided by the Manager.

3.2. Rates & Fees: Casual rates are displayed at the facility and are subject to change. You agree to pay the displayed fee upon using the car park. PriPark reserves the right to vary casual parking rates at any time, including implementing dynamic pricing or surge pricing during special events or periods of high demand. Current rates will be displayed at the time of booking

3.3. No Refunds: No refunds will be issued for early exit, incorrect selection of parking time, or non-use, except as required by the Australian Consumer Law or where a technical or payment error is proven. Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

3.4. Breach & Towing: Vehicles parked in breach of terms (e.g., non-payment, unauthorised areas) may be subject to enforcement actions including towing, payment notices, and/or wheel clamping (if permitted by law). Refer to Schedule 1 for enforcement and infringement terms.

4. MONTHLY PARKING TERMS

4.1. Application & Approval:

Monthly parking is subject to availability and PriPark approval. PriPark may refuse or withdraw access at its discretion.

4.2. Fees & Billing:

Monthly fees are billed in advance and are subject to change with 14 days’ written notice. Refer to Schedule 1 for enforcement and penalty terms.

Payment must be made by the due date via direct debit or other accepted methods.

Missed payments may result in suspension or cancellation of access.

4.3. Access Devices:

One access device is provided per agreement (unless otherwise arranged).

Lost or damaged devices incur a replacement fee.

Customers are responsible for ensuring their access device is not shared or misused. Unauthorised use may result in cancellation of access rights.

A fee may also be charged for repeated misuse of access devices or failure to return an access device upon termination of the agreement, as determined by PriPark in its reasonable discretion.

4.4. Termination by Customer:

Minimum 30 days’ written notice is required. Notice may be provided via email or other written communication, and will be deemed effective upon receipt by PriPark. If PriPark makes a material adverse change to these terms or facility access, customers may terminate with 14 days’ notice and receive a pro-rata refund.

4.5. Termination by PriPark:

PriPark may terminate with 14 days’ notice to the customer, or immediately for site redevelopment or for serious breaches by the customer. Serious breaches include repeated non-payment, fraud, unauthorized subletting, or actions threatening safety.

4.6. Bay Allocation:

Monthly customers will not be allocated a specific bay unless they have purchased a reserved bay.

A monthly unreserved parking subscription permits the customer to park in a casual parking bay at a specific parking facility subject to availability and these terms and conditions.

A monthly unreserved parking subscription does not guarantee the customer an available parking bay to park at any given time.

4.7. Vehicle Limits:

Only vehicles registered with PriPark may use monthly parking rights. Sharing of access devices is prohibited. You may not assign, transfer, sublet, or otherwise share your parking rights or access credentials (including QR codes or app logins) without PriPark’s prior written consent.

5. LIABILITY & INDEMNITY

5.1. Exclusion of Liability: To the maximum extent permitted by law, PriPark excludes all liability for any loss, damage, cost or expense (including, without limitation, loss of profits, loss of data, or indirect, special or consequential loss) arising in connection with:

(a) your use of the parking services or PriPark parking facilities; or (b) enforcement actions (including, but not limited to, towing, clamping, or claim notices) carried out by the Manager,

Whether arising in contract, tort (including negligence), statute, or otherwise, except to the extent that such liability:

(i) arises under the Australian Consumer Law or any other law that cannot be excluded, restricted, or modified by agreement;

(ii) arises from PriPark’s gross negligence, fraud, or wilful misconduct;

(iii) arises from PriPark’s failure to comply with Australian Consumer Law requirements in appointing the Manager;

(iv) arises from PriPark knowing or having ought reasonably to know that the Manager would act unlawfully; or

(v) is otherwise required by law.

5.2. Indemnity: You agree to indemnify and hold PriPark, its associated entities, and any authorised third-party service providers harmless against any claim, damage, loss, liability, or cost (including legal costs) arising from your breach of this Agreement, misuse of the facility, unauthorised use of access devices, or any third-party claims resulting from their actions while on the premises. This indemnity does not apply to the extent any claim, damage, loss or liability is caused or contributed to by PriPark’s negligence, PriPark’s breach of law, or PriPark’s breach of this Agreement. Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

5.3. Limitation of Liability To the extent that PriPark’s liability is not excluded under clause 5.1, clause 5.2 or elsewhere in this Agreement, and to the maximum extent permitted by law, PriPark’s total aggregate liability to you for all claims, losses, damages or expenses arising out of or in connection with this Agreement, or your use of PriPark’s services or any parking facility, whether in contract, tort (including negligence), statute, or otherwise, is limited to the lesser of:

(a) the total amount paid by you to PriPark in the twelve months preceding the event giving rise to the claim; or (b) $5,000 per claim.

This limitation does not apply to liability for:

(i) breach of any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot be excluded, restricted, or limited by agreement;

(ii) PriPark’s gross negligence, fraud, or wilful misconduct; or

(iii) personal injury or death caused by PriPark’s negligence, to the extent such liability cannot be limited by law.

5.4 Indemnity for Enforcement Disputes: You agree to resolve all enforcement disputes directly with the Manager. PriPark is not a party to enforcement actions and disclaims all liability for the Manager’s conduct to the maximum extent permitted by law. You indemnify PriPark for losses arising from the Manager’s enforcement actions, except to the extent such losses are caused by PriPark’s failure to comply with Australian Consumer Law requirements in appointing the Manager, PriPark’s negligence in appointing the Manager, or where PriPark knew or ought reasonably to have known that the Manager would act unlawfully.

5.5 No Warranty Except as expressly stated in this Agreement or required by the Australian Consumer Law, PriPark makes no other warranties, representations, or guarantees in relation to the services provided.

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

6. PRIVACY & DATA COLLECTION

6.1. PriPark may collect, use, and disclose your personal information (including vehicle registration details and payment information) for the purposes of providing parking services, processing payments, customer support, and enforcing these terms, including debt recovery. PriPark may share your information with third-party service providers (including payment processors and parking platforms such as EasyPark) strictly for service delivery, compliance, and debt recovery purposes.

By using PriPark services, you consent to the use of your personal information for these purposes, and for direct marketing by PriPark and its associated entities, unless you opt out of marketing communications, and debt recovery if you are in breach of this Agreement. You may opt out of receiving marketing communications at any time.

For more information about how we handle your personal information, including how to access or correct your information or make a complaint, see our Privacy Policy .

6.2 You may opt out of the use of your personal information for direct marketing purposes by sending a request to opt out by email to enquiries@andrewcodepilot-com-au

6.3. CCTV may be in operation at facilities for security, operational monitoring, and incident investigation purposes. Recorded footage may be retained for a reasonable period and may be shared with law enforcement, insurers, or other relevant authorities in accordance with applicable laws. Except as required for these purposes, any footage will be deleted within 30 days.

6.4 You may request access to or deletion of your personal data at any time by email to enquiries@priparksa.com.au

7. AMENDMENTS & VARIATIONS

7.1. PriPark reserves the right to update or amend these terms at any time. Any such changes will be effective immediately upon reasonable notice being provided via PriPark’s website, display at relevant parking facilities, or email or app notification.

7.2 If you do not agree to a material adverse change, you may terminate your agreement without penalty before the change takes effect.

7.3. Continued use of PriPark services following an update or amendment of these terms constitutes acceptance of the updated or amended terms.

8. GOVERNING LAW

8.1. This Agreement is governed by the laws of South Australia. You agree to submit to the nonexclusive jurisdiction of the courts of South Australia for any disputes arising under or in connection with this Agreement.

8.2. This Agreement (including the Enforcement Terms and Conditions) constitutes the entire agreement between you and PriPark regarding PriPark’s parking services.

8.3. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

8.4. If you use, download or access the PriPark mobile Application or website, you must also accept the Terms and Conditions of PriPark’s Online Services the terms and conditions of the PriPark Customer Parking Agreement. In the event of any inconsistency between the PriPark Customer Parking Agreement and the Terms and Conditions of PriPark’s Online Services, the PriPark Customer Parking Agreement will prevail.

8.5. Termination of the Online Services Terms and Conditions does not automatically terminate the PriPark Customer Parking Agreement.

9. GST

9.1. Unless otherwise stated, all parking fees and charges under this Agreement are inclusive of GST.

10. CONTACT DETAILS

For all enquiries, updates, or terminations, contact Pri Park (SA) Pty Ltd Phone: 1300 20 30 40 Email: enquiries@priparksa.com.au Website: www.priparksa.com.au Postal Address: PO BOX 6284 Halifax St, Adelaide, 5000

11. SEVERABILITY

If any term of this Agreement is invalid, the remainder of the Agreement remains enforceable.

12. MANAGER

Parking Collection Services Pty Ltd (‘Manager’) acts as an independent contractor, not as PriPark’s agent, employee or partner. To the maximum extent permitted by law, PriPark is not liable for the Manager’s enforcement actions or any losses arising from them except to the extent such losses:

(a) arise from PriPark’s gross negligence, fraud, or wilful misconduct;

(b) arise from PriPark’s failure to comply with Australian Consumer Law requirements in appointing the Manager;

(c) arise from Park or knowing or having ought reasonably to know that the Manager would act unlawfully; or

(d) are otherwise required by law.

You agree that all enforcement actions, including issuing payment notices and managing collections, may be undertaken by the Manager. Personal information may be shared between PriPark and the Manager for enforcement and collection purposes, in accordance with our Privacy Policy.

The Manager acts independently in enforcing these terms. PriPark does not control the methods, timing, or decisions related to enforcement.

It is a condition of this Agreement that you accept the Enforcement Terms and Conditions (contained in Schedule 1) which constitute a legally binding agreement with the Manager.

13. INCONSISTENCY

In the event of any inconsistency or conflict between the terms of this Agreement (including its Schedules) and the terms displayed on the PriPark website, signage within a PriPark car park or parking facility, or any other materials provided to customers, the terms of this Agreement and its Schedules shall prevail to the extent of any inconsistency.

SCHEDULE 1: ENFORCEMENT TERMS AND CONDITIONS

TERMS AND CONDITIONS OF ENTRY

By entering and leaving your vehicle in this car park you accept the following terms and conditions which constitute a contract with the Manager. If you do not accept these terms and conditions you must immediately leave the car park.

The Manager is an independent contractor and not an agent, employee, or partner of PriPark (SA) Pty Ltd (‘PriPark’). PriPark is not responsible for, and disclaims all liability to the maximum extent permitted by law in respect of any enforcement action, penalty, or loss arising from the Manager’s actions and operation of the car park, except to the extent that any such liability arises from PriPark’s gross negligence, fraud, wilful misconduct, or is otherwise required by law.

A parking fee is payable to enter and remain in this car park. Upon parking your vehicle, you must immediately commence a valid parking session that continues for the duration of the period your car is parked, by one of the following methods available at this car park: a) purchasing a valid parking session using the mobile app displayed in the car park in accordance with its terms of use, using the correct details both for your car licence plate and for the parking zone or area code displayed for the location in which your car is parked;

b) purchasing a prepaid session using a pay by plate meter in the car park, using the correct licence plate details for your vehicle;

c) after having purchased a valid permit pass issued to you by PriPark authorising you to park in the car park, displaying that permit pass on your dashboard in accordance with the terms of the PriPark Customer Parking Agreement, or in any other place permitted by the Manager;

d) obtaining a ticket at the boom gate upon entry, and then paying the applicable fee on the ticket at an automatic pay station prior to removing your vehicle from the car park; or

e) validating your parking session with the Manager in accordance with the instructions provided by the Manager where such validation is offered and which may result in a waiver or reduction of the parking fee.

In this car park, you must: a) comply with all signs and notices displayed in this car park; and park your vehicle wholly within a marked bay or as directed by the Manager;

b) not park in a bay marked RESERVED, or in any area other than a marked bay;

c) not park in a disabled or handicapped person’s bay without entering into a valid parking session and displaying a current disability permit issued under State law in a manner clearly visible to a person outside your vehicle;

d) immediately comply with any request by the Manager to leave and/or remove your vehicle from this car park; and

e) remove all valuables from your vehicle and secure it prior to leaving it unattended.

You agree: a) to pay for any loss or damage caused by you or your vehicle to this car park;

b) that the Manager may give you notice of a claim for liquidated damages by affixing a Notice of Claim to your vehicle;

c) to pay the Manager $69.00 liquidated damages for each breach of clause 1 or 2(a)-(c), and agree that this amount is a reasonable pre-estimate of damages from your breach and not a penalty;

d) to pay the Manager an administration fee of $43.00 for each occasion any liquidated damages referred to in the previous clause are not paid by the Due Date stated in the Notice of Claim,

e) if any liquidated damages remain unpaid for a further 30 days after the Due Date, to pay the Manager $77.00 for each breach for the Manager’s legal costs to demand payment, and to indemnify the Manager in respect of all other legal costs and disbursements incurred by the Manager to recover the liquidated damages and any fees owing;

f) the Manager may enter, move and/or tow away your vehicle at your expense, and consent to the Manager doing so: (i) for safety reasons; (ii) if your vehicle has remained in the car park for 48 hours or more; or (iii) if you refuse to comply with the Manager’s request to remove the vehicle; and

g) the Manager may use optical and listening surveillance devices to record your activities and conversations on the car park or with the Manager;.

Wheel clamping: If wheel clamping is permitted by law, you irrevocably consent to the Manager immobilising your vehicle by the use of a wheel clamp or like device for any breach of these terms and conditions. You agree that the Manager shall be under no obligation to remove the wheel clamp or device unless you have: a) remedied the breach or breaches and, at the request of the Manager, provided identification in the form of a current driver’s licence or vehicle registration notice relating to your vehicle; and b) paid a removal fee of $220.00 to the Manager.

Security: The Manager does not guarantee secure parking, does not represent or warrant that secure parking is available in this car park and is not responsible for any loss or damage to or theft of your vehicle or its contents except to the extent such loss or damage is primarily caused by the Manager’s negligence, or caused by breach of the Australian Consumer Law (“ACL”).

Exclusion of liability: Except to the extent required by the ACL or similar applicable legislation, the Manager shall not under any circumstances be liable or responsible for any injury, loss or damage to person or property, whether arising in bailment, contract or tort or otherwise howsoever described and all injury, loss and damage to any person or property is at the sole risk of persons entering in and/or leaving their vehicles in this car park. To the extent permitted by law, the Manager excludes any terms, conditions, warranties, guarantees or other liability that might apply to it in respect of this agreement or anything done under it.

Limitation of Liability: To the extent that the Manager’s liability is not excluded under clause 6 or elsewhere in these Terms and Conditions, and to the maximum extent permitted by law, the Manager’s total aggregate liability to you for all claims, losses, damages or expenses arising out of or in connection with these Terms and Conditions, or your use of the Manager’s services or this parking facility, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total amount paid by you to the Manager in the twelve months preceding the event giving rise to the claim.

Indemnity: To the extent permitted by the Australian Consumer Law and similar applicable State legislation, you agree to indemnify the Manager against all claims, costs, losses, demands, expenses and legal proceedings incurred or suffered by the Manager arising out of your breach of these terms and conditions, or your negligence. This indemnity does not apply to the extent any claim, cost, loss demand, expense or proceeding is caused or contributed to by the Manager’s negligence, breach of law or failure to comply with the Australian Consumer Law, and your liability under this indemnity is reduced proportionately to the extent the Manager contributed to the loss.

Australian Consumer Law: Nothing in this agreement affects any rights you have under the Australian Consumer Law (“ACL”) or otherwise which cannot be excluded or modified. The services provided by the Manager under this Agreement will be rendered with due care and skill to the extent required by the Australian Consumer Law and applicable similar State legislation.

In these terms and conditions “Manager” means Parking Collection Services Pty Ltd (ABN 53 106 841 865) and includes its authorised agents, contractors, employees, successors and assigns. The Manager acts independently of PriPark in enforcing these terms.