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Terms and Conditions

BY ENTERING THIS CARPARK YOU SHALL ABIDE TO THE CONDITIONS SET OUT BELOW.
IF YOU DO NOT ACCEPT THESE CONDITIONS, PLEASE LEAVE THE CARPARK IMMEDIATELY.

  1. These Conditions apply from the moment that you drive your vehicle into this car park and is in force for 24 hours a day, 7 days a week. You also bind the owner of the vehicle you are driving to all these Conditions and warrant your authority to do so.

SEASON PARKER RESPONSIBILITIES

  1. You agree to abide by the following rules:
    1. You must comply with all rules or directions displayed in the car park from time to time, including all relevant laws and/or by-laws issued by the relevant authorities and Parking Operator.
    2. You must not obstruct other persons or vehicles using the car park.
    3. You must not park in any area marked "RESERVED" or "NO PARKING" or outside of the line-marked parking bays, or a mobility bay without a valid mobility window pass, or in a bay beyond the stipulated parking time.
    4. The vehicle you are parking in this car park must be in good working and roadworthy condition and be able at all times to be driven under its own power and do not present any danger or risk to other vehicles or persons in the car park.
    5. You must pay all Parking Fees before you leave the car park.
    6. Lost Ticket will be charged at the rate of RM50.00 + SST per day or as determined by the Company’s penalty rates for each car park.
    7. Parker will have to pay fines upfront. In case of disputes, an appeal can be made in writing to the Company via email (info@parkrite.com.my). Outcomes will be determined only after investigations by the Company.
  2. If you contravene clause 2(a) to (g) of the above Conditions, your vehicle will be wheel clamped at a fee of RM100.00 + SST per day and/or towed at your own risk and expense. We will retain the vehicle until all outstanding amounts including storage charges are paid in full.
  3. You are liable for any damages caused to the car park properties and other vehicles.
  4. We accept no liability for any claim by you or any other person, whether for loss or damage to you or any other person, or to your vehicle or any other vehicle.
  5. We accept no liability for any loss or damage to any items/personal belongings left in your vehicle during our custody or control. Notwithstanding anything to the contrary contained in these Conditions, our employees are not authorised to accept any of your items/personal belongings for safe custody. Further, you agree to indemnify us in respect of any claim made against us arising from your use of the car park or third party authorised by you.
  6. Any Season Parker found guilty of allowing others to use their card enter or exit the car park will be in breach of these Terms and Conditions. The Parker’s account will be immediately terminated, and their cards will be confiscated or deactivated. No refunds will be given for any unused balance or Card Deposit. Depending on the severity and frequency of the violations, the Season Parker may also be banned from using the car park services. The same applies to all Licence Plate Programming (LPR) Parkers.
  7. In the event of a lost parking ticket or damage to any equipment or property, you shall provide us with your full name, address, contact number, and car registration number upon request.
  8. If we fail to act or pursue any right or remedy available to us, it shall not be deemed a waiver of our right to exercise this or any other right or remedy at a later time.
  9. No one is authorised to amend these Conditions other than the Company.

INTERPRETATION

  1. The following words and expressions shall have the following meanings:
    1. "Claim" includes any claim for damage, loss or compensation; and any damage or demand.
    2. "Damage" includes direct, indirect, consequential and special damage.
    3. "Outstanding Debt" includes previous unpaid parking fees and/or unpaid enforcement notices.
    4. "Vehicle" includes its accessories and contents.
    5. “Company”, “Parking Operator”, "we" and "us" means Park Rite Sdn. Bhd. and/or includes any of its employees, agents and independent contractors.
    6. "You" includes both the driver and the owner of the vehicle entering this carpark.
    7. "Your Vehicle" means the vehicle you are driving or motorcycle you are riding, regardless of whether it is owned by you.
    8. "Notice" means Parking Enforcement Breach Notice.

    [NOTE: FOR FURTHER ENQUIRIES KINDLY CONTACT +603 2300 3728 or EMAIL INFO@PARKRITE.COM.MY]

SEASON PARKING - TERMS AND CONDITIONS

  1. Definitions and Interpretation:
    1. “Amount Payable” means the Parking Fee, card security deposit, Access Device fee, LPR, administration fee, application fee and/or any other monies payable in accordance with these Conditions;
    2. “Company” includes its successors and assigns, where applicable, its employees, agents and contractors;
    3. “Parker” includes each person who parks a vehicle in the car park under these Conditions, and to the extent applicable, each passenger of that vehicle;
    4. “Access Device” means any form of card or identification issued by the Company from time to time, including a pass check, access card, parking card, window pass, LPR, windscreen token and /or sticker, season pass.
    5. “Parking Fee” means the Parking Fee payable by the Parker to the Company monthly/quarterly, in advance as described in Clause 2 below.
    6. “Monthly/quarterly Parker” means the season parking Parker who pays for the Parking Fee monthly/quarterly in advance to the Company.
  2. Parking Fees and/or Charges
    1. The Parking Fee is payable to the Company quarterly or monthly in advance or as otherwise advised from time to time. Any other relevant Amount Payable shall be payable to the Company in advance or as otherwise advised from time to time. The billing cycle commences on the 1st day of the month. No pro rata or proportionate allocation of fees will be applied or refunded for any unused portion of the billing cycle, irrespective of when payment is made.
    2. The Amount Payable to the Company by the Parker does not include Sales & Service Tax (SST) or any other taxes (UNLESS OTHERWISE STATED) which is separately chargeable by the Company.
    3. The Company may vary the Parking Fee and/or Charges under the Amount Payable at any time by giving existing Parkers one (1) month's written notice of the variation and the Parkers shall pay the new Parking Fees and/or Charges under the Amount Payable.
    4. Failure to renew and make payment before expiry date for all season parking will result in an administration fee of RM50.00 + SST for deactivation and reactivation of season pass. If you have entered the car park by way of a parking ticket or our cashless payment system, you must pay the accrued fees, even if you subsequently renewed your season parking. No refunds will be entertained nor will your parking ticket be validated for free. Please note that reminders are not obligatory but courtesy and each Parker is in charge of their own account/s. We will not take responsibility for Parker not receiving any reminder emails either in their email box or junk email box.
    5. An additional administration fee of RM100.00 + SST for each billing will be imposed, e.g. bank-to-bank transfer, telegraphic transfer, or any other methods which do not utilise the Company’s selected payment gateways such as IPay88, MEPS FPX or CIMB Clicks.
    6. An additional one off non-refundable account opening fee of RM50.00 + SST for every new motor vehicle application & RM10.00 + SST for every new motorcycle application will be charged.
    7. If your Access Device/LPR is not reactivated within two (2) weeks of the Expiry Date due to late payment, your account will be terminated, and a new Season Parking application will be required. A RM60.00 + SST per Season Pass or a non-refundable RM60.00 + SST LPR programming fee will be charged to you again for the new application.
    8. The Season Parking Parker hereby agrees to accept electronic invoices from the Company for billing and record-keeping purposes. All amounts stated on the invoice are due and payable.
    9. For new Season Parking applicants, refund claims for parking tickets while waiting for your Access Device or LPR programming will only be accepted the day after payment is made. For Cashless Parking Car Parks under the Company, refunds for payments via Touch & Go (T&G) or Credit/Debit card refund claims will only be accepted the day after the Season Parking payment is made, regardless of the selected Start Date. For example, if the Start Date is 1st January but payment is received on 5th January, claims for refunds will be accepted from 6th January onwards, until the Parking Access Card is delivered to the Car Park Site Office for collection or your LPR car registration number is activated in our system.

    Note: If a Parker makes payment before the Start Date, the season Access Device or LPR programming will only be activated on the Start Date.

    If your Access Device has been delivered to the site office or car registration number has been programmed (LPR) there will be no parking claims entertained if you have not collected the card or used the parking facilities.

  3. Claims and Refunds
    1. No refunds will be entertained for parking tickets if the original parking receipts have not been scanned and emailed to info@parkrite.com.my. Original parking receipts with the Season card number and name / car registration number must be written on the back, and be handed to our Car Park Site Office for verification.
    2. For Lost/Damaged cards, claims for parking tickets will only be entertained the day after payment for a new card has been made until receipt of your new card.
    3. If the Parker is unable to gain entry to the car park through no fault of their own, the Company will reimburse the Parker to park at any other car park up to a maximum of RM10.00, upon presentation of the original receipt and supporting evidence, at the sole discretion of the Company.
    4. No refunds will be processed if the Touch & Go or Credit/Debit card transactions have not been scanned and emailed to us. Refunds will only be processed once the transactions and bank details are received and verified by us, which may take approximately three (3) to four (4) weeks from the date of receipt.
  4. Denial of Access
    1. The Company reserves the right to deny the Parker access to the car park if any Amount Payable remains unpaid after the due date. This includes all cards under a single account.
    2. If the Parker is found to have violated the Conditions of entry and/or conduct to the car park, the Company reserves the right to terminate the parking privileges and forfeit any balance of monies owing to the Parker. Each breach will be dealt with according to its severity.
    3. For LPR car parks, if any Amount Payable remains unpaid, the Company will not reimburse daily hourly charges. Your car registration will be blocked, and you will only be able to exit by paying the daily hourly rate. No refunds will be issued. You must reactivate your account immediately by paying the late payment penalties.
  5. Temporary Additional Parking
    1. These Conditions will apply to any temporary additional parking spaces in the car park provided by the Company to the Parker.
    2. Any additional parking granted and agreed upon will be temporary and may be withdrawn by the Company with one (1) month’s written termination notice sent via email to the Parker.
  6. Termination
    1. The Season Parking may be terminated by either party by giving one (1) month's written notice to the other.
    2. Calculation for the balance refund of unused portion of the season parking (if any) after the one month’s termination notice will only be calculated from the date the Access Device is returned to us and verified with our official receipt. No refund or rebate will be provided to any Parker with five (5) days left to the expiry date of their Season Parking. If the Access Device is not returned on the due date in good condition, the access card deposit fee will be forfeited.
    3. If the Access card is returned without the sticker, there will be a charge of RM26.50 deducted from the access device deposit amount.
    4. If a Parker loses their Access Device and pays for a replacement, no refund or rebate will be provided if the Lost Access Device is later found or recovered.
    5. Any verbal abuse, physical threats, or intimidation towards our staff will result in the immediate termination of Season Parking.
  7. Bay Allocation
    1. Unless otherwise agreed by us, the Parker will not have exclusive use of any particular parking bay.
    2. Each Reserved Bay is designated for one (1) Parker only. Any vehicle other than the designated Parker’s registered vehicle will be wheel clamped and subject to a RM100.00 + SST fine if no prior written notification by the owner of the vehicle registration change is provided to the Company.
  8. Duties of the Parker
    1. The Parker agrees to:
      1. Allow the Company access to any part of the car park at any time for inspection, repairs, or any other purposes specified by the Company;
      2. Observe and conform to all rules and regulations relating to the use of the car park and issued by the Company from time to time;
      3. Use the car park only during its operating hours;
      4. Where the season parking relates to more than one bay, maintain records of the relevant Access Devices and corresponding parker details and provide to the Company upon request.
      5. Enter the car park only with their Access Device or LPR. No refunds, rebates, or validation of parking tickets will be provided if the Parker does not use their Access Device or LPR to enter.
      6. Non-Reserved Parkers are not allowed to park their car in any particular bay after midnight or above the stipulated times of operation. The Parker's car will be clamped and fined RM100.00 + SST per day. Only Reserved Parkers can park overnight unless specified otherwise.
      7. For Cashless Car Parks using LPR for entry, the Parker must inform the Company of any change in car registration number and pay the Change of Car Registration Fee of RM35.00 + SST before the new registration can be activated. Failure to do so will prevent the Parker from entering or exiting the car park. In such cases, the Parker must pay the daily rate, which is non-refundable.
      8. LPR Parkers may register up to 2 cars on their account if approved by the Parking Operator, but only one car is allowed to enter or exit the car park at a time. If more than one car registered under the same account enters or exits simultaneously, one car will have to pay the hourly daily rate in order to exit.
  9. Security Deposit and Other Initial Payments
    1. The security deposit, admin charges and all season parking charges must be paid to the Company prior to the commencement date of parking.
    2. A Non-Refundable amount of RM80.00 + SST is payable for the fabrication of each standard reserved sign. An additional non-refundable fee of RM35.00 + SST will be payable for each and every subsequent change of the vehicle’s registration number for Reserved Bay Parkers. Any specially made Reserved signage will be charged accordingly.
  10. Access Devices
    1. Each Access Device remains the property of the Company.
    2. The Parker must pay the amount RM60.00 + SST to the Company for the replacement of a lost or damaged Access Device before any new card can be issued. Refund for parking tickets to enter the car park whilst waiting for the new Access Device can only be claimed a day after payment is made for the lost/damaged card. A charge of RM26.50 + SST will be imposed for any lost or damaged windscreen sticker. Only one windscreen sticker will be provided for each season card holder. Should the Parker find and return the lost Access Device and/or sticker at a later date, no refund will be issued when a card/sticker has already been replaced.
    3. Physically damaged (e.g. warped, dented, bent, ripped, or disfigured in any way) returned Access Device will result in forfeiture of the security deposit of RM60.00 regardless of whether the cards are still functional.
    4. Any violation or misuse of the Season Parking Card, including illegal Passback, will result in either the cancellation of the Season Parking or a Penalty Fee of at least RM100.00 + SST per card / per LPR per day, depending on the extent of the violation. The Company reserves the right to impose the penalty based on the severity of the breach. If the violation leads to the cancellation of the Season Pass, no refunds will be issued to the Parker. Season Passes are non-transferable and cannot be used by others to gain entry or exit to the car park. The Parker may also be banned from using the car park services.
  11. Alteration of Terms and Conditions
    1. The Company reserves the right to modify these Conditions from time to time by adding, altering, or deleting any of them without prior notice. It is your responsibility to regularly check these Conditions on the website, which are clearly displayed at www.parkrite.com.my.
  12. Waiver
    1. No time or other indulgence granted by the Company to the Parker will constitute a waiver of any of its rights under these Conditions or at law and the Company will not be precluded from exercising any such rights against the Parker.
  13. Relationship
    1. Nothing in these Conditions create or will be construed as creating any tenancy or conferring any interest upon the Parker by way of lease or otherwise in the car park or any part of it.
  14. Assignment
    1. The Season Parking is assigned solely to the Parker, and the Parker must not assign any rights or obligations under the Season Parking to any third party without prior written consent of the Company.
  15. Customer Vehicle Assistance
    1. If, at the request of the Parker, the Company provides any form of vehicle assistance to the Parker, including but not limited to re-charging the battery of the Parker's vehicle:
      1. The Parker accepts such assistance at the Parker's own risk in all respects; and
      2. If any damage is caused to the Parker's vehicle, the Parker releases and indemnifies the Company from and against any claim which the Parker may otherwise have against the Company in respect of that damage.
  16. Conditions of Entry and Limitation of Liability
    1. The Conditions of entry and limitation of liability displayed at the entrance to and throughout the car park are incorporated into these Conditions and apply as if fully set out in full.
    2. In the case of any inconsistency between these Conditions and the Conditions of entry and limitation of liability, these Conditions will prevail.
  17. Miscellaneous
    1. You confirm that you have read, understood and agreed to the Customer’s Data Protection Policy.
  18. Service of Notices for Bills, Statements, Reminders and any Communication
    1. The Company is not responsible for any non-delivery of notices for bills, statements, reminders, and/or any communication. Such notices will be deemed duly delivered by any of the following manners:
      1. By email to the Parker's registered email address, confirmed by the absence of a delivery failure notification.
      2. The Parker must communicate using the email address registered with the Company and check their mailbox (including Junk/Spam) for emails from the Company.
      3. The Parker must promptly notify the Company of any changes to their email address and car registration number.