Terms & Conditions

Name: Sunshine Coast Park 'n' Fly
Address: 10 Cessna Street, Marcoola, Queensland, 4564, Australia
Telephone: 1300 159 359

1. Who we are

1.1 Park ‘n’ Fly is a business (the Business) traded by The Gem Life Pty Ltd 670 628 396 (the Company, we, us and our). The Business offers car parking, chauffeur and cleaning services at the Sunshine Coast Airport, as described in these terms and conditions.

1.2 To contact us please email www.scparknfly.com.au, telephone us on 1300 159 359, email us at bookings@scparknfly.com.au or write to us at 10 Cessna Street, Marcoola, Queensland (Business Premises).

2. Binding Terms and Conditions

2.1 These terms and conditions (Terms) apply to your use of our website or the provision of Services by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.

2.2 By completing the booking procedure on our website via the “Get Parking Quote,” “Quick Quote” or “Book Now” (or similar), or by ticking the “I agree to the Terms and Conditions” upon submitting an online enquiry, or upon accepting our Services verbally, in writing or by conduct (including by entering the Business Premises), you confirm your acknowledgement of these Terms and your agreement to be bound by these Terms.

2.3 You also agree to be bound by these Terms upon your payment of our Fees per clause 5.

2.4 These Terms form part of your Booking and are legally binding on all individuals included in the Booking.

2.5 Please take the time to read our Terms and familiarize yourself with them, as they apply to the use of our website and our Services. If your Booking includes one or more individuals, you are required to convey and present these Terms to all individuals included in your Booking so that they may also note and understand our Services and these Terms.

2.6 If you have completed the Booking on behalf of one or more individuals, you warrant that the information provided on behalf of those individuals is true and correct, and that you are authorised to provide us with such information. In exchange, you acknowledge and authorise us to use and rely on such information for the purposes of facilitating the Services.

2.7 These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on (whether verbal or non-verbal) any statement, promise, representation, assurance or warranty (by us, our agents, employees, affiliates, contractors or other third parties) except those expressly set out under these Terms.

3. Booking

3.1 Your Booking with us is acknowledged upon completion of the following:

(a) submission of your Booking via our website (or with us directly);
(b) payment of the Fee (in full) connected to your Booking in accordance with our payment terms;
(c) you have provided us with a (true) copy of your driver’s licence (including your full name and licence number) and vehicle registration;
(d) you have provided us with any further details or information we may require to consider and accept the Booking;
(e) we have confirmed (in writing to your nominated email or by text to your contact phone number) our acceptance of the Booking and provided you with the Booking Confirmation.

3.2 Any amendment or variation to your Booking must be made via our website, otherwise the booking variation may not be processed. Any Booking variation which causes an increase to the Fee will require you to pay us the difference in cost in accordance with our directions. If you are unable to make the variation on our website, please contact us (noting our details under clause 1.2) and provide complete details of your Booking.

3.3 If you book our Services through a third party booking platform or agency (Third Party Platform), you are subject to the booking terms and procedures of that Third Party Platform, including any refund policy. We may otherwise offer a refund or partial refund in accordance with these Terms, at our discretion.

3.4 In completing the Booking, you acknowledge that our Services (including the Extras) may vary from time to time without prior notice to you. Any descriptions or illustrations on the website are published for the sole purpose of giving an indicative idea of the Services and we reserve the right to vary the Services in accordance with these Terms and based on the details of your Booking and any Booking variation.

3.5 Please note that your payment of the Fee does not mean the Booking is accepted by us. Our acceptance of the Booking will take place only when we confirm our acceptance to you in writing (under clause 3.1), which may be withdrawn. We reserve the right to cancel the Booking up until the Booking Date in accordance with these Terms. You are bound by the Terms in accordance with clause 2, however if we are unable to accept your Booking, we (in our sole and absolute discretion) will notify you.

4. Services

4.1 Our Services include:

(a) car parking;
(b) car cleaning; and
(c) chauffeur service between the Business Premises and the Sunshine Coast Airport, and

any other services as may be disclosed to you or published on our business website, from time to time.

5. Payments

5.1 Our Fees and our Services are published on our website www.scparknfly.com.au or otherwise as disclosed to you in writing or verbally. If you do not complete your Booking on our website, our Fees for our Services (including the Extras) are as disclosed to you verbally or in writing, which may change from time to time, without prior notice to you.

5.2 Any quotation provided to you may vary based on booking time and availability of car spaces. From time to time, we may offer special promotional rates, which are subject to such terms as advised or disclosed to you at the time of the Booking (the Promotion). The Promotion may not be available on our website, and may be varied, cancelled or extended by us at our discretion. Any refund terms are subject to the terms of the Promotion and, in the absence of such terms, these Terms apply.

5.3 Vehicles that exceed 5.5m in length and 2m wide are subject to additional charges. Unless otherwise disclosed on our website or to you prior to your Booking, the Fee will increase by 15%.

5.4 Unless otherwise disclosed, any Fee published on the website (or disclosed to you) is exclusive of GST.

5.5 You may pay the respective Fee by internet banking, cash, or via any third-party payment platform (if applicable). If you pay by credit card, you may be subject to a credit card processing fee.

5.6 If you are reliant on a third party entity or individual to satisfy payment of our Fee or our invoice Services, you warrant to us that you will take all necessary steps to:

(a) undertake appropriate cyber security checks, and
(b) effect prompt payment of our Fee and/or invoices.

5.7 Upon your payment of the Fee (unless you pay by direct internet banking), you may be redirected to a third-party payment platform (e.g., RezdyPay, Stripe, PayPal, or any platform connected with a third-party booking agent) (“Third Party Payment Terms”). You will thereby be bound by the billing and Third Party Payment Terms of such platform which are separate from these Terms. It is your responsibility to review (including any Member of your Booking) any Third Party Payment Terms and take reasonable steps to verify payment directions, accounts, or links for cyber security purposes. We bear no liability in relation to the Third Party Payment Terms.

5.8 Any other method of payment of a Fee (or the Extras) must otherwise be acceptable to us. If you wish to upgrade or vary your Booking or purchase any of the Extras, you must notify us by email or verbally prior to the Booking Date (and otherwise in accordance with our directions) so that we may promptly organise the Extras for you. If we fail to organise the requested Extras, we bear no liability whatsoever.

5.9 Purchasing the Extras is strictly dependent on timing, our capacity (with consideration to other bookings), and other factors which may be beyond our control, and shall be at a cost determined by us (with consideration to fees of any third-party providers, if applicable).

5.10 Any invoices issued to you must otherwise be paid in accordance with the invoice terms and/or our payment directions and, failing that, within 7 days of the invoice date.

5.11 Any late payments will be subject to default interest accruing at 15% per annum, calculated on a daily basis until payment of the invoice(s), charges, and other amounts (the debt) are paid in full.

6. Cancellation and Refund Policy

6.1 We do not guarantee availability of car spaces for your Booking. We reserve the right to cancel your Booking based on limited or nil capacity for your Booking and, in such circumstances, you will be entitled to a refund. You accordingly waive any action, suit, or claim against us in every respect.

6.2 We reserve the right (in our sole and absolute discretion) to cancel your Booking and/or the Services connected to your Booking at any time due to unavailability of car spaces, technical issues, severe weather or natural disaster, Force Majeure events, guidelines, regulations or directions prescribed by a State or Commonwealth government, agency, or a competent authority which may impact the provision of our Services, cancellation of any third-party providers associated with the Services (if applicable), any event or circumstance which may void our policy of insurance, or any other ground which, acting reasonably, either:

(a) advances your best interests; and/or
(b) would not make the Services feasible or operational.

6.3 The following terms apply if you, or your authorised representative (or any Member included in the Booking) cancel the Booking following payment of the Fee:

(a) if you notify us in writing of your request to cancel the Booking more than 24 hours from the Booking Date, you will receive a full refund of the Fee, less the Administrative Fee; and
(b) if you notify us in writing of your request to cancel your Booking within 24 hours of the Booking Date, you will not be entitled to a refund.

6.4 You acknowledge and accept that if you collect your vehicle prior to the end date of your Booking, we are not obliged to offer, or provide you with, a refund or any adjustment of the Fee.

6.5 If you do not deliver the vehicle (subject to the Booking) on the Booking Date in accordance with the Booking, we may retain the Fee or offer a partial refund of the Fee in our absolute discretion, with regard to the circumstances, but you acknowledge that we are otherwise not obliged to.

6.6 Notwithstanding any other term, any refund of the Fee under these Terms constitutes a full and final settlement between you and us of any dispute or damages you may allege against us, and you are not entitled to bring any action, claim, proceeding, or demand against The Gem Life Pty Ltd (or any of its authorised persons, directors, officers, agents, employees, or contractors whatsoever) for loss or damage suffered by you.

7. Acknowledgements

7.1 Upon making the Booking, you warrant to us and further acknowledge that:

(a) you have full legal capacity and authority to enter into this Contract;
(b) unless otherwise disclosed to us, you are contracting in your personal capacity;
(c) the information provided to us in your Booking (and separately as the case may be) is true and correct in every respect and we may rely on this information for the purpose of carrying out the Services;
(d) we have limited internal and external car spaces on the Business Premises, and we do not guarantee the availability of spaces in respect of your Booking (and any Booking variation);
(e) you are responsible for taking out, and keeping current, a suitable policy of insurance in respect of the vehicle (including any contents insurance) and you acknowledge and accept that some activities of our Services may not be covered by our insurance;
(f) you authorise us (including our employees, authorised personnel and contractors) to access and move your vehicle, within and outside the Business Premises, including for business operational purposes. We give no guarantee or promise that your vehicle will be free of defects or damage, as you further acknowledge that we may need to move the vehicle, and other vehicles around and off the Business Premises for business purposes;
(g) if your vehicle is parked outside, it is subject to the ordinary and sometimes unforeseeable weather conditions or matters beyond our reasonable control, and we bear no liability for any damage in these circumstances (including Force Majeure events);
(h) you are solely responsible for the mechanical and working order of the vehicle in every respect, and you acknowledge that we bear no liability for any malfunction, defect, damage or loss in relation to your vehicle;
(i) you park the car with us at your risk, and we bear no responsibility or liability for the contents or any property in your vehicle (including theft or otherwise);
(j) your vehicle is parked with us solely at your risk and cost (subject to any limitations or exclusions under by law), we will not be liable to you or any person for any loss, damage, expense, theft or damage whatsoever, nor for any injury or death arising from our Services;
(k) when using our chauffeur service, we cannot guarantee arrival and departure times, including the safety of your passage during such service;
(l) you warrant (and any Member included in the Booking) that your vehicle does not contain dangerous or hazardous goods or materials and you further acknowledge that you are subject to the Australian Code for the Transport of Dangerous Goods by Road & Rail;
(m) you may be subject to the directions and terms of a third-party service provider or competent authority or governmental body or agency (e.g., with respect to bailment, towing, impoundment or otherwise);
(n) you must disclose and keep us informed of your flight details so that we can effectively arrange for the release of your vehicle, including any requested chauffeur service;
(o) any fines, infringements, penalties, tolls or other expenses in respect of the vehicle or relating to you directly are strictly payable by you;
(p) if a minor (under 18 years of age) is a Member of the Booking, you confirm (upon completing the Booking) that you are the parent or authorised guardian with legal responsibility for the participant of a minor age (“the Minor”), and consent and agree to release us of all liability and for the Minor, release and agree to indemnify The Gem Life Pty Ltd for any and all liabilities arising from and incidental to the Minor’s participation in the Booking and our Services;
(q) you have read and understood these Terms and acknowledgements and have made appropriate arrangements to comply with these Terms;
(r) it is your obligation to:
- I. comply with these Terms;
- II. present and convey these Terms to all members of your Booking;
- III. make a note of the Booking and if necessary, confirm the details of the Booking with us prior to the Booking Date.

8. Privacy Statement

8.1 You accept and acknowledge that we take and store personal information relating to, and for the purposes of, your Booking and pursuant to these Terms. You further acknowledge the Privacy Statement published on our website.

9. Overstays and Indemnity

9.1 If you fail to collect the vehicle within the Booking period (in accordance with the terms of your Booking), you will be charged for the additional booking time at the applicable rate of the respective day(s), of which rate is generally dependent on availability, season and other factors.

9.2 We will use all reasonable measures to contact you to discuss the status of your Booking, your plans, your authorised representative or person (if any) and other reasons for extending your Booking, or otherwise. If we are unable to contact you in respect of any overstayed or varied Booking, and separately, if we are unable to charge your card for the overstay period, we may in our absolute discretion:

(a) store your vehicle under a bailment arrangement;
(b) contact a competent authority (e.g. the police) and/or appropriate third party agent or service provider to take advice on this Contract, including our possession of the vehicle and our rights at law.

9.3 To the fullest extent permitted by law, we, nor any third party service provider or contractor (including as bailee or otherwise) will be responsible for or liable to you or any person for any act, omission or negligence of any person arising from this clause 9, or for any damage, loss, expense or damage whatsoever relating to the vehicle. You agree that you will indemnify and keep us indemnified (including all legal costs and bailment related costs) under this clause 9.

10. Your Obligations

10.1 It is your obligation to ensure that:

(a) the terms of your Booking and all information disclosed to us is true and correct in every respect;
(b) the dates of your Booking and flight information is in order, and to keep us informed of any changes to your circumstances which may vary the Booking;
(c) you comply with these Terms;
(d) you cooperate with us in relation to the Services and comply with our written and verbal directions;
(e) you comply with our policies and applicable laws;
(f) all fees, costs, charges, expenses and other amounts associated with the Booking, including consequential or unanticipated losses or expenses are payable by you, particularly any such amounts incurred by us as a result of your conduct, act, omission, negligence or breach of these Terms.

10.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 10 or these Terms (Your Default):

(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

11. Indemnity

11.1 You (or any person authorised by you to operate the vehicle) agree to fully indemnify us, our employees, agents, authorised personnel, contractors and third party service providers (Indemnified Persons) and hold the Indemnified Persons harmless from and against all actions, suits, claims, demands, losses (including any direct, indirect, special or consequential losses), liabilities, damage, charges, expenses, interests, penalties and costs (including legal costs calculated on a full indemnity basis) incurred, suffered or arising out of or in connection with:

(a) any breach of your obligations contained in these Terms;
(b) your breach, willful act, omission or negligent performance or non-performance of these Terms;
(c) the enforcement of the Contract;
(d) any claim made against us for actual or alleged infringement of a third party’s intellectual property rights in relation to your interaction with us or use of our Services;
(e) any claim made against us by a third party arising out of or in connection with the provision of the Services to you;
(f) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your use of our Services.

11.2 The indemnities in clause 11.1 apply whether or not you have been negligent or at fault.

11.3 The indemnities in clause 11.1 are continuing obligations of you, independent from your other obligations under these Terms and survive termination or expiry of the Contract, and they are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

12. Intellectual Property Rights

12.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.

12.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your subscription (excluding materials provided by you, if any) for the purpose of receiving and using the Services and such deliverables in your business or for your personal use only. You must not assign or otherwise transfer the rights granted in this clause 12.2.

12.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

12.4 We may take and use photographs or video footage of our Services or other activities organised by us, to be used for our website, social media, commercial or advertising purposes.

13. Limitation of Liability

13.1 Contract limits or excludes our liability:

(a) for death, personal injury or damage caused directly as a result of our negligence or willful misconduct or that of our employees, as applicable;
(b) for fraud or fraudulent misrepresentation by us or our employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law.

13.2 Subject to clause 13.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:

(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of monies suffered under agreements or contracts entered between you and third parties;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of or damage to personal property or goodwill;
(h) loss of medical costs and expenses;
(i) loss of reputation;
(j) loss of costs and outlays incurred outside this Contract;
(k) loss of use or corruption of software, data or information.

13.3 Subject to clause 13.1, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the performance or non-performance of services under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the Fee.

13.4 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.

13.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.

13.6 This clause 13 will survive termination of the Contract.

14. Notices

14.1 When we refer to "in writing" in these Terms, this includes email.

14.2 Any notice or other communication given under or regarding these Terms must be in writing and be delivered personally, sent by pre-paid post or email.

14.3 A notice or other communication is deemed to have been received:

(a) if delivered by hand to the nominated address, when delivered to the nominated address;
(b) if sent by pre-paid post, at 9.00 am (addressee's time) on the second Business Day after the date of posting; or
(c) if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

I noticed there were two "14.1" clauses in your original text; I renumbered them correctly

15. Variation

15.1 We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles and without notice to you. These changes will be effective as of the date we post the revised version on our website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our website and services.

15.2 Your continued use of our website and our services, including any interaction between you and us relating to other products or services provided by us, is deemed as acceptance of any modifications and amendment to these Terms.

16. No Waiver

16.1 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

Words or conduct referred to in clause 16.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

17. Assignment and Novation

17.1 We may assign or transfer our rights and obligations under the Contract to another entity.

17.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.3 A breach of clause 17.2 by you entitles us to terminate this Contract.

18. Severability

18.1 If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

18.2 Clause 18.1 does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms.

19. Relationship of the Parties

19.1 The Terms (comprising this Contract) is between you and us. No other person has any right(s) to enforce any of its terms.

20. Announcements

20.1 No party will make, or permit any person to:

(a) use the other party's trade marks, service marks, trade or brand names, logos, symbols or brand names, in each case;

without the prior written consent of the other party, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

21. Dispute Resolution

21.1 A party to this Contract claiming that a dispute has arisen from or in connection with this Contract (Dispute) must not commence court or arbitration proceedings arising from or relating to the Dispute, other than a claim for urgent interlocutory relief, unless that party has attempted to resolve the Dispute in accordance with this clause 21.

21.2 Compliance with this clause is a condition precedent to the right of any party to commence litigation or arbitration arising from, or in connection with, the Dispute.

21.3 A party to this Contract claiming that the Dispute has arisen must give a written notice to the other party to this Contract, specifying the nature of the Dispute (Dispute Notice) together with relevant supporting documents, and the Dispute Notice must specify the steps to remedy such dispute.

21.4 Following service of the Dispute Notice, the parties must meet promptly and within 30 days from the date of service of the Dispute Notice and attempt in good faith to resolve the Dispute.

21.5 If the parties have for any reason been unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties must attempt to settle it in good faith by mediation administered by the Australian Disputes Centre (ADC), in accordance with ADC Guidelines for Commercial Mediation applicable at the time the matter is referred to the ADC and which are deemed to be incorporated into these Terms. The mediation will be held in Brisbane, Australia.

21.6 If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may request the mediator to terminate the mediation and the mediator must do so.

This clause 21 survives termination or expiry of these Terms.

22. Grant of Security

22.1 You agree to grant to us (the Company):

(a) a PPSA Security Interest over all PPSA Personal Property; and
(b) a fixed charge over all Other Property,

to secure the complete and punctual payment of all monies payable under this Contract and performance of your obligations under this Contract.

You acknowledge that, for the purposes of section 20(2)(b)(ii) of the PPSA, the PPSA Security Interest over all PPSA Personal Property is taken in all your present and after-acquired property.

(a) Terms in this clause 22 that are defined in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.
(b) You acknowledge and agree that if the Contract (or a transaction in connection with it) creates a PPSA Security Interest, including where applicable, a purchase money security interest (PMSI) in favour of us under the Contract including, without limitation, any plant, equipment, machinery, fuel or any other personal property (Collateral) supplied by us to you under the Contract:
- i. each PPSA Security Interest in the Collateral (and any proceeds) is registrable on the PPSR;
- ii. the Contract constitutes a security agreement for the purpose of the PPSA; and
- iii. this clause 22 applies to each PPSA Security Interest in favour of us.
(c) You consent to and grant The Gem Life Pty Ltd the right to register any applicable PPSA Security Interest as described in clause 22.
(d) You further consent to us perfecting any security interest arising in connection with its agreement by registering a financing statement on the PPSR and any other applicable security registers in any manner it considers appropriate.
(e) You agree to pay or reimburse us for any fees or charges for the PPSR or other registrations contemplated by this clause 22..
(f) You waive your right to receive any notice (including notice of a verification statement) that is required by the PPSA unless the notice is required by the PPSA and cannot be excluded
(g) To the extent permitted by law, the parties contract out of, and you waive your rights, under the following provisions of Chapter 4 of the PPSA:
- i. section 95 (notice of removal of accession), to the extent that it requires the Company to give a notice;
- ii. section 96 (when a person with an interest in the whole may retain an accession);
- iii. section 121(4) (enforcement of liquid assets - notice to grantor);
- iv. section 125 (obligation to dispose of or retain collateral);
- v. section 130 (notice of disposal), to the extent that it requires the Company to give a notice to you;
- vi. section 132(3)(d) (contents of statement of account after disposal);
- vii. section 132(4) (statement of account if no disposal);
- viii. section 142 (redemption of collateral) and section 143 (reinstatement of security agreement).

23. Governing Law and Jurisdiction

23.1 These Terms, their subject matter and their formation, are governed by the laws of Queensland, Australia without reference to conflict of law principles.

23.2 Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.

23.3 Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 23.2 on the basis that:

(a) any proceeding arising out of or in connection with these Terms has been brought in an inconvenient forum; or
(b) the courts described in clause 23.2 do not have jurisdiction.

24. Definitions

Administrative Fee means the sum of $15.00 (inclusive of GST), which may vary from time to time without notice to you, on account of our administrative and handling costs associated with the Booking.

Booking Date means the commencement date of the Services connected to your Booking (for example, the date that you deliver the vehicle for parking at the Business Premises).

Booking means the booking you made with us for the Services, via the business website or with us directly (whether by email, phone, or otherwise). Such booking may be placed by you directly or via a third-party agent.

Booking Confirmation means correspondence (e.g., email or text) from an employee, director, or agent of The Gem Life Pty Ltd to you confirming the Booking has been accepted.

Extras means any additional services that may be published, marketed, or disclosed to you from time to time, including but not limited to vehicle cleaning and chauffeur services, if selected as part of your Booking.

Fee(s) means the fee payable for our Services connected to your Booking (or any variation), as published on the business website or otherwise notified to you, from time to time. Such Fee is payable prior to the provision of our Services, or otherwise in accordance with our invoice terms or our written demand.

Force Majeure Events means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado, or other major weather event, earthquake, landslide, volcanic eruption, or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease, or any other public health crisis, radiation or radioactive contamination, national strike, or other major lack of availability of labour, materials, machinery, or equipment beyond the control of the affected party.

Member means (and includes) all individuals included in your Booking or participating in the provision of our Services.

Other Property means all property of you (as the Booking party or Member(s)) that is not PPSA Personal Property (whether present or acquired after the execution of the Contract).

PPSR means the Personal Property Securities Act 2009 (Cth).

PPSA Personal Property means all of your:

(a) present property and after-acquired property in which you (as the Booking party or Member(s)) can be a grantor of a PPSA Security Interest, including property in which
(b) you have, or may in the future have, rights or the power to transfer rights; and
(c) present and after-acquired PPSA retention of title property (as the term “PPSA retention of title property” is defined in the Corporations Act), including present and after-acquired proceeds from the sale of any such property.

PPSA Security Interest has the meaning given to the term “security interest” in the PPSA.

Services includes the services published on the website and otherwise disclosed to you, including car parking, cleaning, and chauffeur services to and from the Sunshine Coast Airport, which may vary from time to time.

The Gem Life Pty Ltd means and includes the directors, officers, employees, agents, authorised personnel, contractors, successors, and assigns.

Vehicle means the vehicle subject to your Booking made with us.

You means the individual who made the Booking with us, including any other Member included in your Booking, your representative, successor, and assigns.