TERMS & CONDITIONS
This Terms & Conditions shall constitute a revised set of terms and conditions in respect of all parking contracts entered into prior to this online Cark Park System becoming operational in June 2020 and shall accordingly supersede all previous terms and conditions governing parking contracts.
1. DEFINITION AND INTERPRETATION
1.1 Definition
| “Deposit” | : | shall have the meaning as stated in Clause 3.4.2 or Clause 4.3.2 (whichever is applicable) hereof; |
| “Parking Facility” | : | means the facilities provided at the Site for the parking of vehicles; |
| “Parking Fee” | : | shall have the meaning as stated in Clause 3.3 or Clause 4.2 (whichever is applicable) hereof; |
| “Parking Term” | : | shall have the meaning as stated in Clause 3.1 hereof or Clause 4.1 (whichever is applicable) hereof; |
| “Pass Card” | : | means any form of card or device as specified and issued by UCP for accessing to and egressing from the Site and shall have the meaning as stated in Clause 3.4 or Clause 4.3 (whichever is applicable) hereof; |
| “Season Parking” | : | shall have the meaning as stated in Clause 3; |
| “Site” | means the location of the Site as indicated and selected in the Application For Parking Facility Form; | |
| “Tax” | : | means any applicable tax, imposition, duty and levy whatsoever which from time to time may be imposed or charged by any government statutory or tax authority on or calculated by reference to the amount of the Parking Fee, Deposit, charges, fee, penalty, payment in respect of outgoings and any other sums received or receivable by UCP under or inconsequence of this Terms & Conditions and/or such other agreements; |
| “Temporary Use Parking” | : | shall have the meaning as stated in Clause 4; |
| “Terms & Conditions” | : | means this terms and conditions stated herein; |
| “UCP” | : | means United Carparks Sdn Bhd (Registration no. 201901015814 (1325142-A) and includes its assigns and successors-in-title; |
| “User” or “you” | : | means the User as indicated in the Application For Parking Facility Form, regardless of who is driving the Vehicle or who the owner of the Vehicle is; |
| “Vehicle” | : | means the Vehicle accessing the Parking Facility at the Site, regardless of who is driving the Vehicle or who the owner of the Vehicle is. |
1.2 Interpretation
In this Terms & Condition, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:
a. words importing the neuter gender only shall include the masculine and feminine genders and vice versa;
b. words in the singular number only shall include the plural number and vice versa;
c. words denoting persons include corporations, company firm or partnership corporate or unincorporate and vice versa;
d. where there are two (2) or more persons or parties included or comprised in the expression “User” or “you” any agreements, covenants terms stipulations and undertakings expressed to be made by or binding upon such persons or parties shall be deemed to be made by or binding upon such persons or parties jointly and severally;
e. a period of days from the happening of an event or the doing of any act or thing shall be deemed to be inclusive of the day on which the event happens or the act or thing is done and if the last day of the period is a weekly holiday or a public holiday (“excluded day”) the period shall include the next following day which is not an excluded day;
f. the expression “month” means a period calculated from a specific day up to and including the day immediately corresponding to that specific day in the subsequent month or, if there shall be no such day in such subsequent month, the last day of that month;
g. the expression “Ringgit Malaysia” and the abbreviation “RM” shall mean the lawful currency of Malaysia;h. references to Clauses are to be construed as references to this Terms & Conditions;
i. references to the provisions of any legislation includes references to any statutory modification and re-enactment thereof; and
j. the expression “relevant authorities” or “appropriate authorities” shall mean any government, semi or quasi-governmental department or statutory body having jurisdiction in respect of the relevant subject matter.
2.0 LICENCE
2.1 The Parking Facility at the Site is managed by UCP.
2.2 The Parking Facility at the Site is only open for application to parcel owners / occupants / tenants of the Site.
2.3 Subject to this Terms & Conditions, UCP will permit the User a non-exclusive license to use and occupy a parking space at the Site, the location / position / bay / area of which shall be determined by UCP from time to time.
2.4 The license granted to the User herein is personal to the User and cannot be assigned without the prior written consent of UCP.
3.0 SEASON PARKING
3.1 Parking Term
3.1.1 The Parking Term for Season Parking is for a period of 3 months or such other period of time as may be determined by UCP at its absolute discretion from time to time.
3.1.2 UCP will not entertain any request from the User for a temporary cessation or suspension of the Parking Term. Any User who wish to do so must terminate his Parking Term in the manner stated in Clause 11.2 hereof. If later, the User wishes to use the Parking Facility at the Site, the User will have to apply as a new applicant and approval of his application is at the absolute discretion of UCP.
3.2 Application for Season Parking
3.2.1 The Season Parking offered are divided into 2 categories, “Reserved” or “Floating”. Under Reserved Season Parking category, UCP will allocate a specific car park bay for the Vehicle to occupy and the User must park the Vehicle at that specific car park bay and nowhere else. Under the Floating Season Parking category, the User may park the Vehicle at non-reserved car park bays.
3.2.2 Application approved on or before the 15th of the month would be charged on a one (1) full month of the Parking Fee whilst application approved after the 15th of the month will be charged at one-half (½) month of the Parking Fee.
3.2.3 UCP has the absolute discretion to approve or reject any application for Season Parking without having to assign any reason.
3.3 Parking Fee for Season Parking
3.3.1 The amount of the Parking Fee shall be advised at the point of application and is dependent on the category of Season Parking.
3.3.2 The Parking Fee is not inclusive of Tax and the User shall be responsible to pay for the Tax. The User shall also be responsible to pay for all charges / fees / levy that may be imposed in respect of any payment transaction by service providers such as but not limited to banks, financial institutions, credit card companies, payment platforms.
3.3.3 The Parking Fee is payable in advance on a quarterly basis before the seventh (7th) day of each quarter or at such time as may be determined by UCP from time to time.
3.3.4 UCP has the absolute right to deny the User access to or egress from the Site if the Parking Fee is not paid when due and is entitled to treat such non-payment as a breach of this Terms & Conditions.
3.3.5 Notwithstanding anything stated above, UCP shall have the absolute discretion to reactivate a Pass Card which may have been barred and impose a fee of RM20.00 or such other amount as may be determined by UCP from time to time.
3.3.6 UCP has the absolute discretion to vary the Parking Fee for each Parking Term. UCP shall give at least one (1) month’s prior written notice of such variation at this website.
3.3.7 UCP may make available to the User invoices and/or receipts in respect of the Parking Fee through this website.
3.4 Pass Card for Season Parking
3.4.1 Upon approval of application and receipt of the Parking Fee and Deposit, a Pass Card shall be issued to the User and is strictly non-transferable.
3.4.2 The Pass Card shall remain the property of UCP at all times. As security for the Pass Card, the User shall pay the Deposit which is of a sum equivalent to one (1) month Parking Fee for Season Parking and/or such amount as may be determined by UCP from time to time. Subject to Clause 11.3.1, the Deposit shall be refunded only to the User when the following conditions are fulfilled:
a. the Pass Card is returned to UCP in good working conditions within seven (7) days after the Termination Date; and/or
b. the User has not committed any antecedent breach of this Terms & Conditions; and/orc.the User has fulfilled the conditions stated in Clause 11.2 (if applicable).
3.4.3 If the User is not in possession of the Pass Card when accessing to or egressing from the Site, the User shall be liable to pay the daily parking tariff applicable to casual / visitor parking at the Site.
3.4.4 The User is to immediately inform UCP in writing if the Pass Card is misplaced, lost or damaged. A fee of RM80.00 or such other amount as may be determined by UCP from time to time may be imposed for a replacement Pass Card.
4. TEMPORARY USE PARKING
4.1 Parking Term for Temporary Use
4.1.1 UCP may at its absolute discretion permit a User the temporary use of the Parking Facility (“Temporary Use”) at the Site for a Parking Term, the period of which shall be determined by UCP.
4.1.2 UCP has the absolute discretion to withdraw / terminate the Temporary Use by giving the User one (1) month’s written notice without having to assign any reason whatsoever.
4.2 Parking Fee for Temporary Use
4.2.1 The amount of the Parking Fee shall be advised at the point when permission is given by UCP.
4.2.2 Permission given on or before the 15th of the month would be charged on a one (1) full month of the Parking Fee whilst permission given after the 15th of the month will be charged at one-half (½) month Parking Fee.
4.2.3 The Parking Fee is not inclusive of Tax and the User shall be responsible to pay for the Tax. The User shall also be responsible to pay for all charges / fees / levy that may be imposed in respect of any payment transaction by service providers such as but not limited to banks, financial institutions, credit card companies, payment platforms.
4.2.4 The Parking Fee is payable in advance and unless otherwise specified, is on a quarterly basis before the seventh (7th) day of each quarter or at such time as may be determined by UCP from time to time.
4.2.5 UCP has the absolute right to deny the User access to or egress from the Site if the Parking Fee is not paid when due and is entitled to treat such non-payment as a breach of this Terms & Conditions.
4.2.6 Notwithstanding anything stated above, UCP shall have the absolute discretion to reactivate a Pass Card which may have been barred and impose a fee of RM20.00 or such other amount as may be determined by UCP from time to time.
4.2.7 UCP has the absolute discretion to vary the Parking Fee for each Parking Term. UCP shall give at least one (1) month’s prior written notice of such variation at this website.
4.2.8 UCP may make available to the User invoices and/or receipts in respect of the Parking Fee through this website.
4.3 Pass Card for Temporary Use
4.3.1 After permission is given and upon receipt of the Parking Fee and Deposit, a Pass Card shall be issued to the User and is strictly non-transferable4.3.2 The Pass Card shall at remain the property of UCP. As security for the Pass Card, the User shall pay the Deposit which is of a sum equivalent to one (1) month Parking Fee for Season Parking and/or such amount as may be determined by UCP from time to time. Subject to Clause 11.3.1, the Deposit paid shall be refunded only to the User when the following conditions are fulfilled:
a. the Pass Card is returned to UCP in good working conditions within seven (7) days after the Termination Date; and/or
b. the User has not committed any antecedent breach of this Terms & Conditions; and/or
c.the User has fulfilled the conditions stated in Clause 11.2 (if applicable).4.3.3 If the User is not in possession of the Pass Card when accessing to or egressing from the Site, the User shall be liable to pay the daily parking tariff applicable to casual / visitor parking at the Site.
4.3.4 The User is to immediately inform UCP in writing if the Pass Card is misplaced, lost or damaged. A fee of RM80.00 or such other amount as may be determined by UCP from time to time may be imposed for a replacement Pass Card.
5.0 OBLIGATIONS OF USER
5.1 The User must:
a. make payment of all fees, deposit, charges including but not limited to Parking Fee, Deposit when due;
b. observe and conform to this Terms & Conditions, all rules and regulations relating to the use of the Site as may be made from time to time by UCP, and to obey all lawful notices, instructions and directions given by UCP and in particular, those applicable to the display of or use of the Pass Card, speed restrictions, traffic flow directions and areas designated as being either “no parking” or “reserved” areas;
c. park the Vehicle at and within the designated parking bays and not along roads, driveways, passageways, common areas and thoroughfare, even if there is an absence of no parking signs or indications;
d. ensure that the Vehicle has a valid road tax, be roadworthy, and 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 Site;
e. observe the dimension restrictions for a vehicle accessing the Parking Facility.
5.2 The User must not:
a. obstruct other persons or vehicles at the Site;
b. park in a mobility/handicapped bay without a valid pass;
c. leave the Vehicle overnight at the Site or abandon the Vehicle;
d. forcibly lift or otherwise interfere with any barrier arm or access gate equipment at the Site, or tailgate another vehicle through the barrier arm exit without having the Pass Card read;
e. vandalise or damage the Site, other vehicles, equipment, property, goods, chattels and all things in or at the Site;
f. solicit goods and services, undertaking religious, political or immortal activities, commit wanton or reckless act within the Site;
g. verbally or physically abuse UCP’s staff or third party enforcement staff.
5.3 UCP shall be entitled to deem any acts, commission, omission or breach caused by the driver of the Vehicle and/or passengers of the Vehicle and/or owner of the Vehicle as an act, commission, omission or breach by the User and the User shall be wholly liable and responsible for the consequence of such acts, commission, omission or breach.
5.4 UCP may at its absolute discretion treat any non-compliance of Clause 5.1 and/or Clause 5.2 above as a breach of this Terms & Conditions and be dealt with in the manner stated herein.
6.0 EXCLUSION OF LIABILITY
6.1 While we shall take all reasonable care, we cannot guarantee the security of the Vehicle or its contents. To the extent permitted by law, UCP will not be liable for any direct, indirect, consequential or special loss or damage of whatsoever nature suffered by the User (including without limitation the loss of the vehicle or any damage whatsoever thereto or for the loss of or damage to any of the vehicle’s accessories or contents) howsoever any such loss or damage may be caused or whether by the negligence, omission, act or default of UCP. This Clause shall extend and shall at all times apply whilst the Vehicle is parked or otherwise in UCP’s custody or control or whilst it is being moved or driven and shall extend and at all times apply whilst the Vehicle is retained by UCP pursuant to this Terms & Conditions.
7.0 USER’S RISK
7.1 The User agrees that the Vehicle are driven and parked at his own risk and responsibility. To the extent permitted by law, the User releases and indemnifies UCP from and against any liability, loss, damage, claim or proceeding in respect of any injury or damage howsoever arising and whether direct, indirect, consequential or special or to any person or property (real or personal) and irrespective of whether the same is due to the negligence, omission or default of UCP and irrespective of whether the vehicle is being driven or not at the time of such injury, loss or damage.
8.0 NO SAFE CUSTODY
8.1 UCP does not nor does it have authority to accept any goods or chattels of the User for safe custody. To the extent permitted by law, UCP will not be liable for any loss or damage whatsoever to any goods or chattels alleged to have been left with UCP for safe custody howsoever such loss or damage may be caused whether by the negligence or otherwise of Secure Parking or by the negligence or otherwise of any person acting with or without the authority of UCP.
9.0 RELOCATION OF VEHICLE
9.1 Notwithstanding any demand or request to the contrary, UCP shall be entitled at its absolute discretion to relocate or remove any vehicle while it is parked at the Site by driving it or towing it away, even if it is locked. The Vehicle may be moved or driven to such place as UCP deems fit in the case.
9.2. If the User is in breach of this Terms & Conditions, UCP shall be entitled to remove the Vehicle by having it towed at the User’s own risk and expense and UCP may hold the Vehicle until all outstanding sums (including towing charges and such other costs and expense) has been paid.
10.0 RIGHT OF RETENTION
10.1 UCP shall have a right of retention of the Vehicle or any of its accessories or contents until all sums, charges, fees due to UCP have been paid in full. Upon default of payment of any such sums for thirty (30) days following written request for payment, UCP shall be entitled to sell the vehicle and/or the goods or articles therein by auction or otherwise to recoup any monies owing to it. The Parking Fee will be payable in respect of any period of retention.
10.2 UCP shall be entitled to wheel-clamp the Vehicle which is improperly parked or parked outside of designated areas, or which has caused damage to the Site or its equipment and a release fee (at such rates as may be determined by UCP at its absolute discretion from time to time) shall be payable by the User for the release of the wheel-clamp.
11.0 BREACH / TERMINATION
11.1 Termination by UCP
11.1.1 UCP may at its sole discretion, without having to assign any reason whatsoever terminate the license given to the User by giving one (1) month's written notice to the User (which may be sent by email), such termination to take effect on the date stated in a notice of termination (“Termination Date”). In such an event:
a. the Parking Fee paid by the User will be refunded on a pro-rata basis in respect of any unused and/or remaining period of the Parking Term; and
b. the Deposit shall be refunded to the User after the Pass Card is returned to UCP in good working conditions within seven (7) days after the Termination Date.
The Termination Date referred to herein is expressively for the interpretation of this Clause 11.1.1.
11.1.2 UCP may give notice of immediate termination to the User if the User is found to have contravened this Terms & Conditions, such termination to take effect on the date stated in a notice of termination (“Termination Date”). Thereafter, In such an event:
a. the Parking Fee paid will not be refunded to the User for any unused and/or remaining period of the Parking Term; and
b. subject to Clause 11.3.1, the Deposit shall be refunded to the User after the Pass Card is returned to UCP in good working conditions within seven (7) days after the Termination Date.
The Termination Date referred to herein is expressively for the interpretation of this Clause 11.1.2.
11.2 Termination by User
11.2.1 The User may terminate the license given for Season Parking / Temporary Use Parking by giving UCP prior written notice of at least one (1) month before the Termination Date or in lieu of notice, a sum equivalent to one (1) month of the Parking Fee (“Notice Fee”). The date of termination of shall take effect one (1) month from the date UCP receives the termination notice (“Termination Date”) or as may be expressly specified by the User provided that the date must be a date later than the Termination Date.
11.2.2 Subject to Clause 11.3.1, the Deposit shall be refunded to the User after the Pass Card is returned to UCP in good working conditions within seven (7) days after the Termination Date. For example:
| Termination Date | : | 30th June | |
| Termination notice to be received by UCP | : | before 30th May | |
| Return of Pass card | : | On or before 7th July |
The Termination Date referred to herein is expressively for the interpretation of this Clauses 11.2.1 and 11.2.2.
11.3 Refund of Deposit
11.3.1 UCP may at its absolute discretion apply the Deposit to set-off against any amount due and owing by the User to UCP such as but not limited to Parking Fee, Notice Fee, fines, charges. Any surplus will be refunded to the User.
12.0 WAIVER
12.1 Time shall be of the essence for the purposes hereof. No time or other indulgence granted by UCP shall constitute a waiver of any of its rights herein or at law and UCP shall not be precluded from exercising any such rights against the User which may have arisen in the past or which might arise in the future.
13.0 RELATIONSHIP
13.1 Nothing in this Agreement shall create or be construed as creating any bailment or tenancy or conferring any interest upon the User by way of lease or otherwise in the Site or any part thereof.
14.0 NOTICES AND SIGNS
14.1 This Terms & Conditions shall apply together with the terms contained in any notices or signs which may be displayed at the Site, save that in the event of any inconsistency with those terms, this Terms & Conditions shall prevail to the extent of such inconsistency.
15.0 SEVERABILITY
15.1 To the extent that any one provision or part of this Terms & Conditions is either invalid or unenforceable by any applicable law, such provisions or part shall be ineffective and shall not invalidate or modify the remaining provisions or parts hereof, which shall continue in full force and effect as if the invalid or unenforceable provision or part had not been included herein.
16.0 DISPUTE RESOLUTION
16.1 If an issue, problem or dispute arises, we strongly encourage you to contact us directly to seek a resolution by emailing to the carpark office in respect of the Site. Please refer to this website for the relevant e-mail address of the Site.
16.2 This Terms & Conditions are governed by the laws of Malaysia. Any dispute which may arise herein is to be determined by the courts of Malaysia.
17.0 PRIVACY POLICY
17.1 The protection of personal data is an important concern to UCP and any personal data collected herein will be treated in accordance with UCP’s privacy policy which can be found here https://uoa.com.my/privacy-statement/.
17.2 UCP may use visual, audio and digital surveillance and recording equipment in and around the Site for the purpose of monitoring compliance, protecting its lawful interests, and for protecting the safety and security of our employees, agents and contractors and Users.
18.0 AMENDMENT / VARIATION
18.1 UCP reserves the absolute and sole right to amend or vary any of this Terms & Conditions without prior notice. Please check this site for information on our most up-to-date terms and conditions.