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Terms & Conditions

Car Park Terms and Conditions

Terms and Conditions of Use

By entering this car park, you accept that a contract is formed between Skyline Enterprises Ltd (SQ) and you and that the terms and conditions listed herein form the terms and conditions of this contract which you agree to abide by.

If you are not the owner of the vehicle, by parking the vehicle in this car park, you warrant that you are authorised to bind the owner of the vehicle to all these terms and conditions.

If you do not accept these terms and conditions, you, and the vehicle in which you entered the car park must leave the car park immediately. Failure to leave the carpark within the grace period will result in you being charged at the standard carpark rate.

This car park is for use only during the stated hours of operation (refer to Tariff signage) for parking or retrieval of motor vehicles.

The use of car parks involves significant risk to property and life from other drivers, weather conditions, pedestrians, equipment and building structures, malicious damage, theft, or other persons. You enter this car park at your own risk.

You agree to the following car park rules:

  • You must comply with all laws, regulations and rules that apply when operating your vehicle in this car park. Vehicles must be operated safely, with due care and consideration, and cannot be operated in a reckless or dangerous manner.
  • You must comply with all rules and directions displayed within the car park and any directions given to you by our staff.
  • The length of a parked vehicle should not exceed six metres. This includes bull bars, tow bars, bumpers, bike racks and/or any other protruding object attached to the parked vehicle.
  • Use of electric scooters, skateboards, rollerblades and skates are prohibited.
  • The placing and distribution of advertising material in this car park or on vehicles is prohibited.
  • Camping is not permitted at any time.
  • Loitering is not permitted at any time.
  • Sleeping in the car park is not permitted at any time.
  • Any person found causing damage to the car park, machinery, or contents of the car park (including vehicles) is required to leave the building immediately and risks prosecution.
  • The consumption of alcohol or illegal substances is strictly prohibited. Offenders will be prosecuted.
  • No pets or other animals are permitted in the car park.
  • No inflammable or dangerous substances are permitted in the car park.
  • When using this car park, you must ensure that the relevant parking charges for your vehicle are paid, prior to vehicle exit. No vehicle shall be removed from the car park without payment of all parking charges.
  • In the event that your card transaction declines or dishonors, SQ reserves the right to re‑process the transaction at a later date and reserve the right to charge an additional reasonable fee in respect of our administrative costs in doing so.
  • It is your responsibility to correctly identify your vehicle, select the right parking product, and manage the duration of the parking session.
  • A driver or person in charge of a vehicle must not stop, stand, or park the vehicle in any parking area reserved for the charging of electric vehicles (EV & PHEV) unless – (a) the vehicle is an electric/PHEV vehicle; and (b) the person is using the area for charging the vehicle. Additional fees, terms and conditions apply for EV/PHEV dedicated spaces.
  • You must not obstruct other persons or vehicles using the car park.
  • Where motorcycle parking is provided, motorcycles may only park in motorcycle designated areas.
  • You must not park in any area marked “RESERVED” or “NO PARKING” without authorisation from SQ.
  • You must not park in a “MOBILITY BAY”, without authorisation from SQ or without holding and displaying a mobility window pass.
  • You must not park in an area where parking is prohibited or outside of the marked parking bay area.
  • Vehicles shall be parked in accordance with any direction given by SQ, its employees or agents.
  • The vehicle you are parking in the car park, must be able, at all times, to be driven under its own power and not present any danger or risk to other vehicles or persons or the car park.
  • The vehicle you are parking in the car park must have a current warrant of fitness and registration, be roadworthy and have no fluid leaking from it.

You agree to the following car park terms and conditions:

1. To the maximum extent permitted by law, SQ will not be liable to you for any other loss or damage arising (whether direct or indirect, special, or consequential, pecuniary, or non‑pecuniary, and whether arising in tort (including negligence) or contract or otherwise) as a result of, or in connection with, your use of the car park; and we exclude all terms, conditions, warranties, guarantees (either expressed or implied), and any liability that might apply to us in respect of these terms or anything done under them. You use this car park at your own risk.

2. In the event of a vehicle being left in the car park for any period without purchasing a parking permit or paying the required parking charges, the vehicle shall only be released upon:

  • 2.1 proof of ownership of the vehicle to the satisfaction of SQ, its employees or agents; and
  • 2.2 payment of all outstanding parking charges/and or the release fee.

3. SQ does not assume responsibility for the safe keeping of vehicles.

4. SQ reserves the right to close the car park or restrict access to the car park or

5. SQ reserves the right to:

  • 5.1 close the car park or restrict access to the car park; or
  • 5.2 refuse admittance to or remove any vehicles from the car park,

without being obliged to give any reason for such action. In the event of a removal, any parking charges that have been paid may be refunded at the discretion of SQ.

6. SQ reserves the right to enter the vehicle and to move and relocate the vehicle if SQ reasonably ascertains it is necessary to do so in an emergency or for the safe or efficient operation of this car park. Charges may apply for moving the vehicle if the vehicle was causing an obstruction, had been abandoned or for reasons relating to non-payment of parking charges.

7. SQ, or its employees, or any agents may deliver the motor vehicle to any person producing evidence of ownership or authority or entitlement to receive the motor vehicle as SQ deems appropriate.

8. SQ, its employees, or agents shall not be liable in negligence, contract or in respect of any other cause of action arising out of loss of or damage to the vehicle or any of its accessories or contents caused by delivering the motor vehicle to some person authorised to take delivery.

9. The owner and/or driver of the motor vehicle shall pay such parking charges and any fees as are set by SQ from time to time. A fresh parking charge is levied each time the vehicle enters the car park unless special arrangements have been made in advance with SQ, its employees or agents.

10. If you leave the keys to the vehicle with SQ, its employees or agents, you authorise us to deliver the vehicle to any person producing evidence of entitlement to the vehicle satisfactory to us.

11. Vehicles may be retrieved from the car park 24/7, having paid all parking charges and any outstanding subsequent fees that are in addition to parking charges.

12. You are liable for any damage to the car park building or to any other vehicle caused by you or your vehicle.

13. No employee, agent, or contractor of SQ has authority to accept any goods for safe custody. SQ will not be liable for any loss or damage to any vehicle or property alleged to have been left by you with SQ or any employee, agent, or contractor, regardless of how that loss or damage is caused.

14. You release SQ from all actions and demands due to any loss, death, damage, or injury occurring in the car park. SQ is not liable for any loss or damage to any property left within the car park, including (without limitation), any vehicle, accessories, contents, or other personal property.

15. Any vehicle left within the car park in excess of 30 days will be deemed abandoned, including its contents, and may be sold to offset costs of parking and storage as determined by SQ from time to time.

16. You indemnify SQ in respect of all losses, costs (including reasonable legal costs) or expenses that we may suffer or incur in respect of a breach of these terms and conditions by you, your vehicle, or your use of this car park.

17. If you breach these conditions, we may issue a breach notice and/or remove your vehicle by having it towed at your risk and expense and we may hold the vehicle until all outstanding debt and administration fees (including reasonable legal costs) have been paid. All legal rights and remedies and applicable bylaws will be pursued in the enforcement of these terms and conditions.

18. You agree that if you and/or your vehicle have breached any of these terms and conditions, you have used this car park unlawfully, and we may issue, or send by post, to you, or the owner of the vehicle, a notice requiring you to pay within 21 days a reasonable sum, which are the reasonable costs incurred by us in enforcing the terms and conditions of the use of this car park. All legal rights and remedies and applicable bylaws will be pursued in the enforcement of these terms and conditions.

19. If you are issued with a notice and you do not pay the sum specified in that notice within 21 days of the notice, then we will send you a reminder notice, and you agree to pay a further sum being our reasonable administrative costs in sending the reminder notice.

20. If you are issued with a reminder notice and do not pay the sums specified in the reminder notice within 7 days of the date of the reminder notice, you agree that:

  • 20.1 We may use a debt collection agency to enforce payment of the sums owing by you together with the costs of such debt collection; and
  • 20.2 You will be liable for any costs and expenses incurred by us to enforce payment of the sums owing by you, including our solicitor / client costs.

21. We may record and retain data on the users of the car park. All personal information that we may collect and/or hold about you in connection with your use of the car park is protected by the Privacy Act 1993 and we can only hold or deal with such information in compliance with the provisions of that Act. We are each respectively entitled to all the rights and protections that are available under that Act.

22.These terms and conditions are subject to New Zealand law and are subject to the exclusive jurisdiction of the courts of New Zealand.

23. These rules and terms and conditions do not affect any rights and remedies that may be available to you under the Consumer Guarantees Act 1993 or other law which cannot be excluded or modified.

24. We may record and retain data on the users of the car park. All personal information that we may collect and/or hold about you in connection with your use of the car park is protected by the Privacy Act 1993 and we can only hold or deal with such information in compliance with the provisions of that Act. We are each respectively entitled to all the rights and protections that are available under that Act.

 

Electric Vehicle Charging Stations Terms and Conditions

Terms and Conditions of Use

By using one of our Charging Stations to which these terms and conditions apply, you acknowledge that you have read and understood these terms and conditions, and that you agree to be bound by them. If you do not agree to be bound by these terms and conditions, you must not use the Charging Station and you must not actively or passively prevent or obstruct any other person or vehicle from having access to the Charging Station.

You agree to the following EV/PHEV car park terms and conditions:

  1. You must take all reasonable efforts to make sure that you follow the instructions that are displayed on or near the Charging Stations. These instructions may change at any time, and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Station.
  2. The driver’s handbook for your EV/PHEV describes how to recharge your EV/PHEV safely and efficiently, and you must take all reasonable efforts to recharge your EV/PHEV in accordance with the guidelines in the driver’s handbook.
  3. You must only use, or attempt to use, our Charging Station for recharging an EV/PHEV if your EV/PHEV is compatible with that Charging Station.
  4. You will not use, or attempt to use, the SQ Charging Stations for any purpose other than charging an EV/PHEV, and then only to the extent that the EV/PHEV is compatible with the EV/PHEV Charging Stations.
  5. Your use of one of our Charging Stations must be fair and reasonable and must not be excessive. If, at SQ’s discretion, we consider that your usage is unfair, unreasonable, or excessive, either SQ or an agent acting on SQ’s behalf may immediately suspend, modify, or restrict your access to any or all Charging Stations to which these Terms and Conditions apply.
  6. You must not use one of our Charging Stations in a way that will put the Charging Station, you, any other person, your EV/PHEV, or any other person’s EV/PHEV at unnecessary risk.
  7. If you are not the owner of the EV/PHEV that you wish to recharge at one of our Charging Stations, you warrant that the owner has authorised you to use one of our Charging Stations and, by connecting the EV/PHEV to the Charging Station, you have authority to bind the owner to these Terms and Conditions.
  8. You acknowledge that our Charging Stations will not be supervised and that you will use them at your own risk.
  9. You acknowledge that the Charging Stations are located on private property, and when you are using one of our Charging Stations you agree to keep the area around the Charging Station clean and tidy, and to comply with any reasonable request that SQ or one of its representatives makes when you are using that Charging Station including any request to immediately suspend, modify or restrict your access to the Charging Station.
  10. If there are any faults or you have any issues with any of our Charging Stations, please contact SQ by telephone on +6434410101 as soon as reasonably possible.
  11. SQ will endeavor to keep our Charging Stations free from any faults, errors, or defects but we do not guarantee, and are under no obligation to ensure the availability, compatibility with your EV/PHEV, or performance of any of our Charging Stations, nor are we able to guarantee an uninterrupted supply of electricity to our Charging Stations.
  12. SQ will make sure that, at all times when they are available for use, our Charging Stations comply will all relevant statutory requirements and appropriate industry safety standards.
  13. SQ will take all reasonably practicable steps to ensure that:
  14. The health and safety risks arising from the use of one of our Charging Stations are minimised.
  15. Your health and safety, and that of any other person, is not put at risk from work that SQ carries out as part of the operation of the Charging Station.
  16. The instructions about how to use the Charging Station are as clear as we can practicably make them.
  17. We comply with all our duties to you under the Health and Safety at Work Act 2015.
  18. SQ is not liable to you as a result of any direct or indirect loss or damage that you or your EV/PHEV may suffer as a result of you using or having used one of our Charging Stations, including any direct or indirect loss or damage arising from an unforeseen event, or caused by something beyond our control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event or any breach by you of these terms and conditions).
  19. To the maximum extent permitted by law, SQ will not be liable to you for any other loss or damage arising (whether direct or indirect, special, or consequential, pecuniary, or non‑pecuniary, and whether arising in tort (including negligence) or contract or otherwise) as a result of, or in connection with, your use of one of our Charging Stations.
  20. Where SQ is liable, SQ‘s maximum liability for any single event or series of related events is limited to $5,000.
  21. SQ will make every effort to ensure that a Charging Station is fit for the purpose of charging an EV/PHEV that is to be used on public roads, but we cannot and will not guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.
  22. All personal information that we may collect and/or hold about you in connection with your use of a Charging Station is protected by the Privacy Act 1993 and we can only hold or deal with such information in compliance with the provisions of that Act. We are each respectively entitled to all the rights and protections that are available under that Act.
  23. The Charging Station itself may collect certain statistical information concerning the use of the Charging Station. You acknowledge that this is not personal information and that the provisions of the Privacy Act 1993 do not apply to this type of information.
  24. We may amend these terms and conditions at any time and for any reason. Each time you use one of our Charging Stations you agree to be bound by the current terms and conditions.
  25. These terms and conditions are subject to New Zealand law and are subject to the exclusive jurisdiction of the courts of New Zealand.