TERMS & CONDITIONS
This Terms & Conditions shall constitute the terms and conditions in respect of all parking contracts for Parking Locations managed and operated by us and shall supersede all previous terms and conditions governing parking contracts.
1. DEFINITION AND INTERPRETATION
1.1 Definition
| “Access Card or “Media Card” | : | means a form of card owned by the User and specified by UCP from time to time to be registered with UCP for the User to access and egress from the Parking Location; |
| “Deposit” | : | shall have the meaning as stated in Clause 3.6 or Clause 5.6 (whichever is applicable) hereof; |
| “Licence” | : | means the non-exclusive licence to use and occupy a parking space at the Parking Location; |
| “License Plate Recognition” | : | means a device or system used by UCP for Vehicles to access and egress from the Parking Location; |
| “Limited Season Parking” | : | shall have the meaning as stated in Clause 4; |
| “Motorcycle” | : | means a vehicle with two (2) wheels with a motor registered with UCP for the Licence, regardless of who the rider or owner is; |
| “Parking Facility” | : | means the facilities provided at the Parking Location for the parking of Vehicle and/or Motorcycle; |
| “Parking Fee” | : | shall have the meaning as stated in Clause 3.5 or Clause 5.5 (whichever is applicable) hereof; |
| “Parking Location” or “Season Pass Location” | : | means the location for the parking of Vehicle and/or Motorcycle; |
| “Parking Term” | : | shall have the meaning as stated in Clause 3.3.1, 4.1 or Clause 5.3.1 (whichever is applicable) hereof; |
| “Season Parking” | : | shall have the meaning as stated in Clause 3.3 or Clause 4.1 or Clause 5.3 (whichever is applicable) hereof; |
| “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; |
| “Terms & Conditions” | : | means the terms and conditions stated herein; |
| “UCP” or “we” | : | means United Carparks Sdn Bhd (Registration no. 201901015814 (1325142-A)) and includes its assigns and successors-in-title; |
| “Applicant”, “User” or “you” | : | means the person who applies or registers for the Parking Facility in the Website; |
| “Vehicle” | : | means a motorised vehicle excluding Motorcycle registered with UCP for the Licence, regardless of who the driver or owner is; |
| “Website” | : | means https://www.haste.my/home/#SeasonPass |
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 exclusive 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 before the day numerically 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. LICENCE
2.1 The Parking Facility at the Parking Location is managed by UCP.
2.2 The Season Parking at the Parking Location is only available to parcel owners / occupants / tenants of the building at the Parking Location.
2.3 Subject to this Terms & Conditions, UCP will grant to the User the Licence, the location / position / bay / area of which shall be determined by UCP from time to time.
2.4 The Licence is personal to the User and restricted to the Vehicle or Motorcycle and cannot be assigned or transferred without the prior written consent of UCP.
3. SEASON PARKING FOR VEHICLE
3.1 Parking System for Vehicle
The parking system for Vehicle uses a License Plate Recognition System which recognises the licence plate of the Vehicle for access to and egress from the Parking Location.
3.2 Licence for Vehicle Season Parking
3.2.1 Upon approval of the User’s application and receipt of the Parking Fee and Deposit, UCP will grant the Licence to the User.
3.2.2 The Licence granted herein is for the User to access and egress from the Parking Location for one (1) Vehicle at any one time. If more than one (1) Vehicle gain access to the Parking Location, the subsequent Vehicle will be charged and the User shall be liable to pay the daily parking tariff applicable to casual/visitor parking at the Parking Location.
3.2.3 The Licence is strictly non-transferable.
3.2.4 The User may request in writing to change the details of the Vehicle such as the licence plate number subject to such conditions as may be stipulated by UCP at its absolute discretion such as but not limited to the imposition of a ‘cooling-off’ or ‘holding’ period for the changes to take effect.
3.3 Vehicle Season Parking
3.3.1 The Parking Term for Vehicle Season Parking is for a period of Three (3) months or such other period of time as may be determined by UCP at its absolute discretion from time to time.
3.3.2 UCP will not entertain any request from the User for a temporary cessation or suspension of the Licence. Any User who wishes to do so must terminate the Licence in the manner stated in Clause 12.2 hereof. If later, the User wishes to avail the Vehicle Season Parking at the Parking Location, the User will have to apply as a new applicant and approval of his application is at the absolute discretion of UCP.
3.4 Application for Vehicle Season Parking
3.4.1 The Vehicle Season Parking offered is divided into 2 categories, “Reserved” or “Floating”. Under the Reserved 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 category, the User may park the Vehicle at a non-reserved car park bay.
3.4.2 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.
3.4.3 UCP has the absolute discretion to approve or reject any application for Vehicle Season Parking without having to assign any reason.
3.5 Parking Fee for Vehicle Season Parking
3.5.1 The amount of the Parking Fee shall be advised at the point of application.
3.5.2 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.
3.5.3 The Parking Fee is payable in advance on a quarterly basis on or before the seventh (7th) day of each quarter or at such time as may be determined by UCP from time to time.
3.5.4 The Parking Fee for Vehicle Season Parking must be paid in full. .
3.5.5 UCP has the absolute right to deny the User access to or egress from the Parking Location if the Parking Fee is not paid when due and is entitled to treat such non-payment as a breach of this Terms & Conditions and/or there is a breach of this Terms & Conditions.
3.5.6 Notwithstanding anything stated above, UCP shall have the absolute discretion to reinstate the Licence and impose a fee of RM20.00 or such other amount as may be determined by UCP from time to time.
3.5.7 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.
3.5.8 UCP may make available to the User invoices and/or receipts in respect of the Parking Fee through the Website.
3.6 Deposit
3.6.1 As security for the compliance of this Terms & Conditions, the User shall pay the Deposit which is of a sum equivalent to at least one (1) month Parking Fee for Vehicle Season Parking and/or such amount as may be determined by UCP from time to time.
3.6.2 UCP shall have the absolute discretion to request the User to increase the amount of the Deposit so that the sum is equivalent to at least one (1) month Parking Fee for Vehicle Season Parking from time to time.
4. LIMITED SEASON PARKING FOR VEHICLE
4.1 UCP may at its absolute discretion allow a User to use the Parking Location with certain limitation set by UCP at its absolute discretion (“Limited Season Parking”) for a Parking Term, the period of which shall be determined by UCP.
4.2 UCP has the absolute discretion to withdraw / terminate the Limited Season Parking by giving the User one (1) month’s written notice without having to assign any reason whatsoever.
4.3 The provisions of Clause 3.2 to Clause 3.6 shall apply to Limited Season Parking for Vehicle with modifications where a reference to ‘Vehicle Season Parking’ shall be construed as a reference to ‘Limited Season Parking’.
5. SEASON PARKING FOR MOTORCYCLE
5.1 Parking System for Motorcycle
The parking system for Motorcycle uses Access Card system which allows the User to access and egress from the Parking Location via an Access Card.
5.2 Licence for Motorcycle Season Parking
5.2.1 Upon approval of the User’s application and receipt of the Parking Fee and Deposit, UCP will grant the Licence to the User.
5.2.2 The Licence granted herein is for the User to gain access to and egress from the Parking Location for one (1) Motorcycle at any one time. The daily parking tariff applicable to casual/visitor parking at the Parking Location is chargeable if:
a. more than one (1) Motorcycle gains access to the Parking Location using the Access Card, then the subsequent Motorcycle will be charged the daily parking tariff; or
b. the User is not in possession of the Access Card when accessing and/or egressing the Parking Location.
5.2.3 The Licence is strictly non-transferable.
5.2.4 The User may request in writing to change the details of the Access Card subject to such conditions as may be stipulated by UCP at its absolute discretion such as but not limited to the imposition of a ‘cooling-off’ or ‘holding’ period for the changes to take effect.
5.2.5 For the avoidance of doubt, the Access Card remains the property of the User and the User acknowledges that the Access Card is not issued by UCP and UCP is not responsible for the control, management or replacement of the Access Card.
5.3 Season Parking for Motorcycle
5.3.1 The Parking Term is for a period of Three (3) months or such other period of time as may be determined by UCP at its absolute discretion from time to time.
5.3.2 UCP will not entertain any request from the User for a temporary cessation or suspension of the Licence. Any User who wishes to do so must terminate the Licence in the manner stated in Clause 12.2 hereof. If later, the User wishes to avail the Motorcycle Season Parking at the Parking Location, the User will have to apply as a new applicant and approval of his application is at the absolute discretion of UCP.
5.4 Application for Motorcycle Season Parking
5.4.1 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.
5.4.2 UCP has the absolute discretion to approve or reject any application for Motorcycle Season Parking without having to assign any reason.
5.5 Parking Fee for Motorcycle Season Parking
5.5.1 The amount of the Parking Fee shall be advised at the point of application.
5.5.2 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.
5.5.3 The Parking Fee is payable in advance on a quarterly basis on or before the seventh (7th) day of each quarter or at such time as may be determined by UCP from time to time.
5.5.4 The Parking Fee for Motorcycle Season Parking must be paid in full.
5.5.5 UCP has the absolute right to deny the User access to or egress from the Parking Location if the Parking Fee is not paid when due and is entitled to treat such non-payment as a breach of this Terms & Conditions and/or there is a breach of this Terms & Conditions.
5.5.6 Notwithstanding anything stated above, UCP shall have the absolute discretion to reinstate the Licence and impose a fee of RM20.00 or such other amount as may be determined by UCP from time to time.
5.5.7 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.
5.5.8 UCP may make available to the User invoices and/or receipts in respect of the Parking Fee through the Website.
5.6 Deposit
5.6.1 As security for the compliance of this Terms & Conditions, the User shall pay the Deposit which is of a sum equivalent to at least one (1) month Parking Fee for Motorcycle Season Parking and/or such amount as may be determined by UCP from time to time.
5.6.2 UCP shall have the absolute discretion to request the User to increase amount of the Deposit so that the sum is equivalent to at least one (1) month Parking Fee for Motorcycle Parking from time to time.
6. OBLIGATIONS OF USER
6.1 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 Parking Location 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 Access Card, speed restrictions, traffic flow directions and areas designated as being either “no parking” or “reserved” areas;
c. park the Vehicle or Motorcycle 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 or Motorcycle 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, motorcycles or persons or the Parking Location;
e. observe the dimension restrictions for a vehicle or a motorcycle accessing the Parking Facility;
f. where the User has applied for a “Reserved” category of parking, the User must park the Vehicle at the parking space designated by UCP at all times.
6.2 The User must not:
a. obstruct other persons’ vehicles or motorcycles at the Parking Location;
b. park in a mobility/handicapped bay without a valid pass;
c. leave the Vehicle or Motorcycle overnight at the Parking Location or abandon the Vehicle or Motorcycle;
d. forcibly lift or otherwise interfere with any barrier arm or access gate equipment at the Parking Location, or tailgate another vehicle or motorcycle through the barrier arm exit without having the Vehicle’s licence plate number or Access Card read;
e. vandalise or damage the Parking Location, other vehicles, equipment, property, goods, chattels and all things in or at the Parking Location;
f. solicit goods and services, undertaking religious, political or immortal activities, commit wanton or reckless act within the Parking Location;
g. verbally or physically abuse UCP’s staff or third party enforcement staff.
6.3 UCP shall be entitled to deem any acts, commission, omission or breach caused by the driver of the Vehicle or Motorcycle and/or passengers of the Vehicle or Motorcycle and/or owner of the Vehicle or Motorcycle 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.
6.4 UCP may at its absolute discretion treat any non-compliance of Clause 6.1 and/or Clause 6.2 above as a breach of this Terms & Conditions and be dealt with in the manner stated herein.
7. EXCLUSION OF LIABILITY
7.1 While we shall take all reasonable care, UCP cannot guarantee the security of the Vehicle, Motorcycle 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 motorcycle, or any damage whatsoever thereto or for the loss of or damage to any of the vehicle’s or motorcycle’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 or Motorcycle 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 or Motorcycle is retained by UCP pursuant to this Terms & Conditions.
8. USER’S RISK
8.1 The User agrees that the Vehicle or Motorcycle is 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 or Motorcycle is being driven or not at the time of such injury, loss or damage.
9. NO SAFE CUSTODY
9.1 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 any person acting with or without the authority of UCP.
10. RELOCATION OF VEHICLE/MOTORCYCLE
10.1 Notwithstanding any demand or request to the contrary, UCP shall be entitled at its absolute discretion to relocate or remove any vehicle or motorcycle while it is parked at the Parking Location by driving it or towing it away, even if it is locked. The Vehicle or Motorcycle may be moved or driven to such place as UCP deems fit in the case.
10.2 If the User is in breach of this Terms & Conditions, UCP shall be entitled to remove the Vehicle or Motorcycle by having it towed at the User’s own risk and expense and UCP may hold the Vehicle or Motorcycle until all outstanding sums (including towing charges and such other costs and expense) has been paid.
11. RIGHT OF RETENTION
11.1 Notwithstanding anything stated herein, UCP shall have a right of retention of the Vehicle, Motorcycle 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, motorcycle and/or the goods or articles therein by auction or otherwise to recoup any monies owing to it. The Parking Fee will still be payable in respect of any period of retention.
11.2 UCP shall be entitled to wheel-clamp the Vehicle or Motorcycle which is improperly parked or parked outside of designated areas or which has caused damage to the Parking Location 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.
12. BREACH / TERMINATION
12.1 Termination by UCP
12.1.1 UCP may at its sole discretion, without having to assign any reason whatsoever terminate the Licence 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, subject to set-off by UCP of any outstanding sums by the User to UCP; and
b. the Deposit shall be refunded to the User provided that the User has not committed any breach of this Terms & Conditions.
The Termination Date referred to herein is expressively for the interpretation of this Clause 12.1.1.
12.1.2 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 by the User will be refunded on a pro-rata basis in respect of any unused and/or remaining period of the Parking Term, subject to set-off by UCP of any outstanding sums by the User to UCP; and
b. the Deposit will not be refunded to the User.
The Termination Date referred to herein is expressively for the interpretation of this Clause 12.1.2.
12.2 Termination by User
12.2.1 The User may terminate the Licence by giving UCP prior written notice of at least one (1) month’s notice or in lieu of notice, a sum equivalent to one (1) month of the Parking Fee (“Notice Fee”). The date of termination of the Licence 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 specified date must be a date later than the Termination Date.
12.2.2 The refund of the Deposit to the User is conditional upon compliance with Clause 12.3.1.
The Termination Date referred to herein is expressively for the interpretation of this Clauses 12.2.1 and 12.2.2.
12.3 Refund of Deposit and Parking Fee
12.3.1 The Deposit shall be refunded free of interest to the User only when the User has not committed any breach of this Terms & Conditions.
12.3.2 UCP may at its absolute discretion apply the Deposit and/or Parking Fee of the unused and/or remaining period of the Parking Term to set-off against any amount due and owing by the User to UCP such as but not limited to Notice Fee, fines, charges. Any surplus will be refunded free of interest to the User.
13. WAIVER
13.1 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.
14. RELATIONSHIP
14.1 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 Parking Location or any part thereof.
15. NOTICES AND SIGNS
15.1 This Terms & Conditions shall apply together with the terms contained in any notices or signs which may be displayed at the Parking Location, save that in the event of any inconsistency with those terms, this Terms & Conditions shall prevail to the extent of such inconsistency.
16. SEVERABILITY
16.1 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.
17. DISPUTE RESOLUTION
17.1 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 Parking Location. Please refer to the Website for the relevant e-mail address of the Parking Location.
17.2 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.
18. PRIVACY POLICY
18.1 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 in the Website.
18.2 UCP may use visual, audio and digital surveillance and recording equipment in and around the Parking Location 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.
19. AMENDMENT / VARIATION
19.1 UCP reserves the absolute and sole right to amend or vary any of this Terms & Conditions without prior notice. Please check the Website for information on our most up-to-date terms and conditions.