Terms and Conditions for Pre- Booking of Car Parking Areas

1.   General

1.1 Kuching City Parking Systems Sdn. Bhd. (“KCPS”) is the vehicle parking management of the Car Parking Areas at Swinburne University of Technology Sarawak Campus (“Swinburne University”). By accessing the website, you shall be deemed to have accepted to be legally bound by these Terms and Conditions and that you are entering into a contract with KCPS for car parking at or in the vicinity of Swinburne University for the Parking Period as stipulated in the Pre- Booking Confirmation. The date of the contract is the date and time of the payment of the Pre- Booking Confirmation sent to your email address at the KCPS site office at Swinburne University.

2.   Car Park Booking and Payment

2.1 Provided that you satisfactorily complete the pre- booking and payment procedures and subject to the availability of parking bays at the Car Parking Area specified, you will receive a Pre- Booking Confirmation confirming your car park pre- booking which will contain your details from KCPS.

2.2 Your Pre- Booking Confirmation is non- transferable either from you to another party or between different car parking categories (as described in the below Clause 8.1(a) and (b)).

2.3 A car park pre- booking is deemed to have been placed when made electronically through the KCPS website. Payment for the Pre- Booking Confirmation must be made at KCPS site office at Swinburne University within five (5) working days from the date of the issuance of the Pre- Booking Confirmation failing which, your Pre- Booking Confirmation shall remain unfulfilled and KCPS shall reserve the right to withdraw your Pre- Booking Confirmation and offer the Pre- Booking Confirmation to the next individual on the booking queue.

2.4 Upon receipt of payment of your Pre- Booking Confirmation, KCPS shall issue a Season Parking to you which shall contain your relevant details therein including but not limited to the Car Parking Area of which you are allowed to park your vehicle.

3.   Force Majeure

3.1 KCPS shall not be liable for any cancellation, curtailment or otherwise caused by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, student activism, nature and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of Swinburne University and all similar events beyond its control. Further, KCPS cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected as a result of such circumstances beyond KCPS’ or your control.

4.   KCPS’ Liability

4.1 You should be advised that the Car Parking Areas are the private property of Swinburne University. KCPS offers no warranty or indemnity as to the protection or safety of the vehicles left in the Car Parking Areas or any goods left within the vehicles. The use of the Car Parking Areas is entirely at your own risk. KCPS accepts no liability in respect of:

(a) any loss, destruction, damage or theft of or from the vehicle or the contents of the vehicle; or
(b) death or personal injury sustained by you and/ or other person not caused by KCPS’ negligence.

4.2 Swinburne University’s By- Laws apply to all areas of the University including the Car Parking Areas.

4.3 KCPS reserves the right to change these Terms and Conditions but once you have made an online Pre- Booking the applicable Terms and Conditions are those posted on the website at the time of the Pre- Booking. However customers must not assume that the Terms and Conditions that applied on one occasion shall always remain the same. KCPS recommends that its customers always read the Terms and Conditions before making any pre- booking.

5.   Services

5.1 The Services provided herein are conditional upon your acceptance of and compliance with these Terms and Conditions or any modification made to these Terms and Conditions by KCPS from time to time. You are deemed to accept these Terms and Conditions upon the use of the Pre- Booking services.

6.   Amendments to the Terms and Conditions

6.1 KCPS may, without giving prior notice, modify these Terms and Conditions from time to time.

7.   Car Parking Area’s Pre-booking

7.1 Car Parking Area’s Pre- Booking for Swinburne University of Technology Sarawak Campus Season Parking can be made through online at www.kcps.com.my from 10.00a.m on the last Saturday of each calendar month. The offers are subject to availability strictly on a ‘first come first serve’ basis.

8.   Parking space

8.1 There are two categories of Car Parking Areas for Swinburne University that are:

(a) Multi- storey Parking; and
(b) Outdoor Parking.

You are only allowed to park at the designated areas for each of the aforesaid category according to the Season Parking that you have purchased. KCPS reserves the right to clamp your vehicle and impose a fine of RM100 in the event that you do not park at the designated areas for the category stipulated in your Season Parking.

9.   KCPS’ Right To Cancel Or Provide Alternative Car Parking Areas

9.1 KCPS reserves the right if prevented from supplying the Car Parking Areas for any reason to cancel the contract or provide an equivalent alternative Car Parking Area. In the event of such circumstances, KCPS shall use its best endeavours to provide as much notice to the customer as possible and in the event of cancellation of the contract by KCPS becoming necessary, KCPS shall refund the payment received for the Pre- Booking Confirmation but will not be responsible for any other costs, which you may incur as a result.

10.   Display Of Season Parking Coupon

10.1 You are required to display the issued parking coupon on the windscreen at all times.

11.   Illegal Parking

11.1 KCPS reserves the right to clamp the vehicle and impose a fine of RM100 on you if you have parked your vehicle in an area that is not designated in your Season Parking, on any illegal parking areas marked with yellow lines or in a manner causing inconvenience to other motorists.

11.2 Swinburne University also reserves the right to commence disciplinary proceedings on you if you have parked your vehicle in an area that is not designated in your Season Parking, on any illegal parking areas marked with yellow lines or in a manner causing inconvenience to other motorists.

12.   Severability

12.1 If any of the provisions of these Terms and Conditions shall be declared invalid or unenforceable in whole or in part by any competent court or other authority whose decisions shall have the force of law binding on parties, the remaining provisions shall remain in full force and effect.

13.   Entire Agreement

13.1 These Terms and Conditions constitute the entire agreement between you and KCPS with respect to the provision of the Pre- Booking services. If you have any questions regarding any aspect of these Terms and Conditions please contact KCPS for clarification before making a Pre- Booking.

14.   Parking Conditions and Disclaimer

14.1 Vehicles are left in the Car Parking Areas at any time at the owner’s sole risk in all respects.

14.2 KCPS nor any of its servants or agents accept liability for any accident, loss or damage to persons, vehicles, accessories or contents however caused.

14.3 Vehicles not claimed within three (3) months in the Car Parking Areas may, in the absence of special arrangements with KCPS be sold to defray expenses.

14.4 The placing of a vehicle in the Car Parking Areas shall be deemed to be an unqualified acceptance of these Terms and Conditions and also the University By- laws.

14.5 KCPS expressly disclaims all and makes no representations or warranties of any kind, express or implied, with respect to this website or the information accessible via this website is accurate, complete or current and KCPS nor any of its employees or representatives shall be liable for damages arising out of or in connection with the use of this website or the information and content included in this website.