Car Park Terms & Conditions
- By entering, leaving or using the Car Park, whether or not you are operating a vehicle in the Car Park, you agree to be bound by these Terms and Conditions (“Conditions”) .
- If you do not accept these Conditions, please leave the Car Park immediately. If you do not leave the Car Park within a reasonable time, without delay, you are deemed to have accepted these Conditions.
- These Conditions are governed by the laws of the Republic of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts for any dispute arising out of or in connection with these Conditions or the use of the Car Park.
- In these Conditions references to:
- ‘we’, ‘us’ and ‘our’ mean the owner and management of the premises, OG Private Limited, and any third party service providers (including third party payment processing service providers) and their respective directors, employees, agents, guests, independent contractors.
- ‘your vehicle’ includes a vehicle driven, or intended to be driven, by you into this Car Park.
- We provide the Car Park for use “as is” and make no warranty or representation, express or implied, of any kind with respect to the Car Park including its suitability for any purpose. You enter and use the Car Park at your own risk.
- While in the Car Park you must comply with all signs and all reasonable directions and requests made by us. Without limiting the generality of the foregoing, (i) all vehicles brought into the Car Park, including motorcycles, are to be parked in designated parking lots only, and (ii) in the event of official functions, we may reserve the entire Car Park or certain parking lots at our discretion, and all vehicles in such reserved Car Parks or parking lots must be removed after reasonable notice has been given to the owner / operator of the vehicle.
- We may in our absolute discretion refuse entry to the Car Park to any vehicle or person.
- Car park users shall:
- be entitled to use the car park only during its operating hours (as may be varied from time to time) and shall cause their vehicles to be vacated from the car park outside of such hours;
- take all due care and attention, and drive safely, whilst in the car park;
- strictly conform to and abide with all rules and regulations which may be issued by us from time to time, and with instructions and directions given by authorised staff, as well as with any authorised notices, signs or markings displayed or affixed in the car park;
- not damage the car park (including equipment), bring any hazardous or combustible material into the car park, park their vehicle in unauthorised places, or engage in illegal, offensive or immoral activities within the car park; and
- not provide false information to the us.
- The property owner shall have a general lien over and the right to immobilise (by wheel-clamping or otherwise) vehicles as security for monies due and owing. Vehicles which are improperly parked or parked outside of designated areas, or which have caused damage to the car park or its equipment, may be immobilised, and a release fee and/or repair fee (at such rates imposed by the respective property from time to time) shall be payable by the driver or vehicle owner for the release of the wheel-clamp.
Exclusion and Indemnity
- To the fullest extent allowed by the law:
- We shall not be liable in contract, tort (including negligence) or otherwise for any (i) direct loss, (ii) indirect or consequential loss, (iii) damage, (iv) cost and expense or (v) loss of profits, suffered by you from or in connection with your use of the Car Park and any equipment, fixture and /or fitting therein; and
- You agree to indemnify and hold us, our officers, employees, agents and contractors harmless against all damages, losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties, administrative fines imposed upon us by any government agency, legal costs (calculated on a full indemnity basis and including solicitor and client costs), expenses and liabilities suffered or incurred by us, our officers, employees, agents or contractors arising out of or in connection with any claims, suits or proceedings brought against us, our officers, employees, agents or contractors by third parties arising out of or in connection with a breach of the Conditions or your acts, failures, omissions and defaults in relation to the use of the Car Park.
- We shall not be liable for any damage to any motor vehicle due to the immobilisation, wheel clamping or towing away or any other damage which is otherwise incurred during the period when the motor vehicle is immobilised or towed away. We have the right, at our discretion, to move your vehicle (including moving it to any location outside this Car Park), even if your vehicle is locked. If we move your vehicle, these conditions continue to apply. We are not liable for any damage caused to your vehicle when we move it.
- If you bring a vehicle into the Car Park (“Vehicle”), you agree to pay the applicable parking fee for the Vehicle set by us from time to time.
- You agree that we shall have the right to immobilise your Vehicle, through such means including using a wheel clamp or similar device on your Vehicle, if you have been involved in the evasion of parking fees (eg, tailgating, tempering of In-Vehicle Unit, or creating a false exit), and you are liable to pay us liquidated damages of Five Hundred Dollars ($500.00) (subject to prevailing Singapore Goods and Services Tax (“GST”)) or stipulated fees as displayed on Car Park signs, whichever is higher, for the release of any such immobilisation device. For the avoidance of doubt, you are still separately liable for any parking fees or surcharges that the vehicle may have incurred.
- We reserve the right to prevent your Vehicle from leaving the Car Park until all fees or debts associated with the Vehicle, its owner and/or its operator (including for past usage of the Car Park) are paid.
- Without prejudice to the generality of Exclusion and Indemnity clauses above, to the fullest extent permitted by law, we are not liable for any injury, damage or loss which may result from us preventing the Vehicle from leaving the Car Park, nor for the delivery up of your Vehicle to any person
Remedies available to us
- You agree that should any one or more of the following occur, namely:
- you do not produce to us, when requested by us, your proof of payment of the parking fees;
- you cause any obstruction within or around the Car Park whether intentionally or otherwise;
- You cause damage to any structure, fixture, machinery, property in the carpark. We shall have absolute authority to assess the cost of making good or repairing the damage and any statement issued by us as to the quantum of such loss shall, save for manifest error, be accepted as conclusive evidence that the amount thereon is due and owing.
- you have parked your Vehicle anywhere that we designate as a no-parking or reserved area;
- you undertake any commercial activities (including but not limited to the sale of merchandise or the distribution of any advertising materials) within the Car Park without our prior written consent; and / or
- you have used the Car Park other than in accordance with instructions we may give, then we may at our election do any one or more of the following and you shall be liable to compensate us for all costs and expenses incurred by us in so doing:
- immobilise your Vehicle through such means necessary including without limitation using a wheel clamp or similar device on your Vehicle, in which case you are liable to pay us a release fee of Fifty Dollars per day ($50.00) (subject to prevailing GST) for motorcycles or One Hundred Dollars per day ($100.00) (subject to prevailing GST) or stipulated fees as displayed on Car Park signs, whichever is higher, for the release of any such immobilisation device;
- move your Vehicle to any spot within the Car Park; and / or
- remove your Vehicle from the Car Park to any spot of our choosing.
- We have a general lien over, and the right to retain possession of your Vehicle as a security for any money which is owed to us by you and/or the owner of the Vehicle.
- If you fail to pay the applicable parking fee or any other sum of money due to us (“Debt”), you agree and are deemed to have authorised us to (i) sell your vehicle after the 30th calendar day from the date the Debt first accrued, and (ii) recover from the proceeds of sale of the Vehicle the Debt as well as any costs incurred by us in administering these Conditions against you. In selling the Vehicle, we may proceed in such a manner as we think fit in our absolute discretion and we are not obliged to obtain the best price.
- By using the Car Park and providing your personal data to us, you consent to the collection, use or disclosure of your personal data to third parties where necessary, for our reasonable business purposes including without limitation:
- to properly operate the Car Parks;
- to ensure compliance with and to enforce these Conditions;
- to recover an debts;
- to address queries we receive in relation to your use of the Car Park;
- to protect the safety and security of our staff and property; and/or
- to comply with applicable laws, regulations, and/or orders of court requiring disclosure of your personal data.
- Any data, imagery or audio captured by us arising from your use of the Car Park may be used by us for the purposes of ensuring compliance with these Conditions.
- These Conditions may be varied at any time by us, without prior notice.
- A failure by us to exercise or enforce any of our rights under this contract shall not constitute a waiver of any of our rights so as to bar the exercise or enforcement thereof at any subsequent time.
- These Conditions shall apply together with the terms contained in any notices which may be displayed at the respective car parks, save that in the event of any inconsistency with those terms, these terms and conditions shall prevail to the extent of such inconsistency.
- If any of these Conditions shall be deemed invalid, void, or for any reason unenforceable, those Conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining Conditions.