TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
a. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
b. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website ‘https://parkpayz.com’ and the App ‘ParkPay’ (hereinafter referred to as the “Platform”) which is owned and operated by [Parkpay software solutions (OPC) pvt ltd] (hereinafter referred to as the “Company”), having its offices at No. 19/2, 3rd Floor, Mudhaliyar Layout, Kasavanahalli, Sarjapur Road, Bengaluru – 560 035; where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
c. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii. The terms ‘we’, ‘us’, ‘our’ shall mean the Platform and/or the Company, as the context so requires.
iii. The term ‘Services’ shall mean the business of providing a platform as an aggregator for parking providers and parking seekers.
iv. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is
specifically agreed to by the Parties that the headings shall have no legal or contractual value.
e. The use of this Platform by the User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, You are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
f. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non- exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
2. REGISTRATION
To fully avail the Services of the Platform and use of it, a one-time registration is required for Users including phone number authentication to authenticate Users using the Platform. The
Users can register using their phone number and subsequently log in using their email and password provided during registration. Also platforms uses social login like Google, Apple and Facebook modes for registration. Users can be either vendors (parking provider) or clients (parking finders) depending upon the requirements of the Users (and requirements of other Users) at the particular time, and Users can switch between being vendors and clients at any time during their use of the Platform.
This information is used to provide Users with important services via e-mail, and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.
Registration for the Platform is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor, You may use the Platform through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
Further, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
3. SERVICE OVERVIEW
The Platform is for aggregating parking finders and parking providers (Users) based on their area and requirement. The Users who are chosen to provide parking shall be considered vendors and the Users who require parking are considered as clients. The Platform facilitates bookings of parking spots by clients that are owned by vendors. At any time, if any vendor Users require parking spots, they can act as client Users and book the same via the Platform. The Platform facilitates said bookings, as mentioned above, as well as payment, modification and cancellation of the bookings. Bookings may be cancelled by Users only if they are pre-bookings made in advance, and the cancellation can be done only 1 hours prior to the time of the check-in time provided during the booking process. The Platform can be also be used to check-in and checkout the vehicles entering the Parking vendor spaces and will calculate the total time of the vehicles parked and the total amount based on the rate info provided by Vendor during the checkout process. Also, the Platform shall share information of the parking provider to the parking seeker and vice versa like phone number, address and other required information for better service.
4. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Platform if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
5. CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by the Company and we guarantee the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The User is solely responsible for the integrity, authenticity, quality and genuineness of the content, if any, provided by the User on the Platform or the App, and whilst feedback and comments by Users shall be made via the Platform, the Platform and App bears no liability whatsoever for any feedback or comments made by the Users made in respect of any of the content on the Platform or App. The User is also solely responsible for the integrity and genuineness of the information provided on the Platform or App, in respect of personal information as well as book-related information.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content
without written permission of the Company.
6. TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Platform.
A User may terminate their use of the Platform at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the Platform without any prior notice.
7. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
8. COMMUNICATION
By using this Platform, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, auto- dialled and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at support@parkpayz.com. The User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.
9. CHARGES
Subscription Charges
Subscription on this Platform is free for Users for certain features, and this includes accessing the Platform and the use of specific services. Any use of the Platform or services that may be specified later, or from time to time by the Company could be charged separately in the future on a subscription basis. We reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Platform.
Payment Methods
Upon availing of the Services that may require payment of subscription charges in the future, the Users agree and acknowledge that prices for different services listed on the Platform shall be in accordance with those displayed on the Platform and shall be subject to change at any time.
The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform, and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register.We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Authorize the Platform to use, store or otherwise process certain personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes, and for optimisation of User-related options and services..
d. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
e. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
f. Agree not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User
acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
g. Expressly agree and acknowledge that the Content displayed on the Platform is owned by the Company, and other Content may be the exclusive property of Users, who have chosen to upload their information through the Company’s Platform, and that the Company is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
h. The Platform permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Platform immediately and without notice, and further that the User’s access to the Platform may also be permanently revoked, at the sole discretion of the Company.
The User further undertakes not to:
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
b. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
d. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
f. Post or share any image/file/data with any third-parties or other Users that contains confidential information from any other User without the express prior knowledge and consent of the respective User;
g. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform;
h. Download any file belonging to another User of the Platform that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
i. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
j. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked platforms;
k. Collect or store data about other Users of the Platform without their express consent;
l. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
m. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
n. Violate any applicable laws, rules or regulations currently in force within or outside India;
o. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
p. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
q. Publish, post, or disseminate information that is false, inaccurate or misleading;
r. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Platform;
t. Engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services not currently displayed on the Platform. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the Platform without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
12. DISCLAIMER
You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
a. Your use of the Platform,
b. Any Discussions or Messages you provide;
c. Your violation of these Terms and Conditions;
d. Your violation of any rights of another;
e. Your alleged improper conduct pursuant to these Services;
f. Your conduct in connection with the Platform;
g. Your internal disputes amongst other Users.
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.
The Founders/ Promoters/ Associated people of the Platform and the Platform itself is not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. if the User has fed incorrect information or data or for any deletion of data;
iii. if there is undue delay or inability to communicate through email;
iv. if there is any deficiency or defect in the products/services managed by the Company;
v. If there is a failure in the functioning of any other service provided by the Platform.
vi. If there is any unavailability, discrepancy, adverse incidents, loss of belongings or movable property, or any damage or loss to the vehicle during the availment of the Services.
The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users may be held legally responsible for damages suffered by other Users, the Platform or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Platform.
Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You
acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
13. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User agrees and undertakes that they are accessing the Platform and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform, or accessing/using any information displayed thereon.
b. The Company/Platform does not guarantee that the functions and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and
the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
c. The Platform is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the Platform disclaims any liabilities resulting from these third party services. The Platform will not be responsible for any internet delays and damages caused by such problems.
d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
e. The Platform is only an aggregator and is not responsible for the actual interaction between the Users nor is it responsible for any damages, losses or adverse consequences incurred due to the use of the Services.
15. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be
appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru.
c. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
17. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by calling customer support through the option provided in the App.
18. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us through email at support@parkpayz.com.
PRIVACY POLICY
We, [Parkpay Software Solutions (OPC) pvt ltd] (hereinafter referred to as the “Company”), having its offices at No. 19/2, 3rd Floor, Mudhaliyar Layout, Kasavanahalli, Sarjapur Road, Bengaluru – 560 035, where such expression shall, unless repugnant to the context thereof, be deemed to include our respective legal heirs, representatives, administrators, permitted successors and assigns are the creators of this Privacy Policy, which ensures our steady commitment to Your privacy with regard to the protection of your invaluable information. This privacy policy contains information about an online Website ‘www.parkpayz.com’ and the App ‘ParkPay’ (hereinafter referred to as the “Platform”). In order to provide you with uninterrupted use of our services, we may collect and, in some circumstances, disclose information about you. To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used.
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS
a. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
b. The terms ‘we’, ‘us’, ‘our’ shall mean the Platform and/or the Company, as
the context so requires.
c. The term ‘Services’ shall mean the business of providing a platform as an aggregator for parking providers and parking seekers.
d. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e. “Personal Information” shall mean and refer to any personally identifiable information that we may collect from you. For removal of any doubts, please refer to Clause 2.
f. “Third Parties” refer to any Platform, company or individual apart from the User and the creator of this Platform.
2. INFORMATION COLLECTED
We are committed to respecting your online privacy. We further recognize your need for appropriate protection and management of any Personal Information You share with us. Since we provide certain services as mentioned above, we may collect the following information which are appropriately required to provide such services:
From Users, certain information like name, location, email, address, phone number, bank account info for refund to vendors are stored. We also collect and store personal information provided by you from time to time on the Platform. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience.
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for service improvement, but shall immediately delete all such information upon withdrawal of your consent for the same through our ‘unsubscribe’ button or through an email to be sent to support@parkpayz.com. We collect and store your search details on the Platform, including your search history, the usage of the Platform and the features and time you have used the
Platform for. We collect any communications between you and other Users/third-parties on the Platform.
Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Platform. We are committed to keeping all sensitive data/information safe at all times but we cannot guarantee the safety of your information when shared with third-party payment gateways over which we have no control.
The Company will not use your financial information for any purpose other than to complete a transaction with you, if in the future the Company has its own payment gateways to process payments. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Platform and opt out of any non-essential communications from the Platform.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may has been compromised.
Users are responsible for maintaining the security and confidentiality of their account details and passwords. Please note that We will never ask you for your information in an unsolicited phone call or in an unsolicited e-mail. Further, Users are advised to sign off from their systems after availing of the Services to avoid accidental and unauthorised access to personal information from their accounts by any third-party.
3. SUBMISSIONS
The User submissions section of the Platform is moderated to ensure accurate testimonials when such reviews/comments are shared by Users, to facilitate feedback and review of different pages, products and services offered, as well as ease of use of the Platform. Published submissions are genuine and are not edited or altered by the Platform. The Platform reserves the right to post or remove any submission at its discretion.
By posting your comment(s), rating(s), review(s) or submission(s) ("Submission") on our
Platform, you give us permission to reprint or use the Submission in connection with our business. You also are agreeing to the following:
a. The reprint or use of the Submission will be at our discretion and without compensation;
b. The use of the Submission with or without any pseudo (pen) name credit;
c. The Platform’s perpetual and assignable right to use the Submission;
d. The use of the Submission locally, nationally or globally in any media, information or communication platform (including Internet advertising) currently in use or later developed.
Other than Your name, which we may or may not use, your personal contact information will not be disclosed in connection with our reprint or use of your Submission.
4. OUR USE OF YOUR INFORMATION
The information provided by you at the time of registration and thereafter shall be used to contact you when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, your personal data may be collected and stored by us for internal record.
We use your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. In case we are acquired by or merged with another company, we shall be legally obliged to share information disclosed by you and information about you to the company we are acquired by or merged with. In the event of a merger or acquisition, we shall notify you by email to review our revised privacy policy, as and when Your Personal Information is shared with or becomes subject to a different privacy policy.
5. CONFIDENTIALITY
Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Platform.
We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.
6. SECURITY
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
The Company shall not be held liable in any way for events beyond our control or in any way for accidental or unauthorised access of your information. No data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure.
7. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
Due to the existing regulatory environment, we cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.
7.1 External Service Providers: There may be a number of services offered by external service providers that help you use our Platform. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy.
7.2 Third-party Payment Gateways: We may employ third-party payment gateways that you are mandated to use in order to complete payments to fully avail of Services. We are not responsible for the use and storage of your information by these payment gateways, nor for the operation of the gateways, as they are wholly owned and managed by third-parties. Should any dispute or discrepancy arise in respect of your
usage of the payment gateways, we are not liable to address the same and request you to approach the payment gateway directly through their third-party Platform.
7.3 Other Corporate Entities: We may share much of our data, including Your Personal Information, with our parent and/ or subsidiaries that are committed to serving your needs through use of Our Platform and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing your experience of using the Platform. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that we and/or our parent and/or subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs).
7.4 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publicly available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.
8. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you submitted at the stage of registration. An option for facilitating such change shall be present on the Platform and such change can be facilitated by emailing us at support@parkpayz.com. If you change any information, we may keep track of your old information.
If you believe that any information we are holding on you is incorrect or incomplete, or to remove Your profile, please write to or email us as soon as possible, at support@parkpayz.com. We shall promptly correct any information found to be incorrect.
We shall retain in our files, information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is not immediately completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information shall be completely removed from our databases in response to your requests. Information shall be stored for 365 days from the date of transaction and information shall thereafter be deleted.
9. INDEMNITY
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Platform or otherwise and Your use and access of Platforms and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which you may have disclosed to such Third Parties.
10. SEVERABILITY
Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.
11. AMENDMENT
Our Privacy Policy may change from time to time.
12. CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUESTS
To withdraw your consent, or to request the download or delete your data with us for any or all our products & services at any time, please email to support@parkpayz.com from your registered email address.
13. CONTACT US
If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to support@parkpayz.com.
VENDOR TERMS
These Vendor Terms (“Terms”) are made by and between;
[Parkpay Software Solutions (OPC) pvt ltd] (hereinafter referred to as the “Company”), having its offices at No. 19/2, 3rd Floor, Mudhaliyar Layout, Kasavanahalli, Sarjapur Road, Bengaluru – 560 035 that owns the Website ‘www.parkpayz.com’ and the App ‘ParkPay’ (collectively called ‘the Platform’), which shall be deemed to include its heirs, assigns and successors in interest, unless repugnant to the context;
AND
YOU (‘the Vendor’).
The above mentioned entities shall collectively be referred to as the ‘Parties’ and each, individually, shall be referred to as a ‘Party’, as the context may so require.
This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
THE PARTIES HEREBY AGREE AND CONTRACT AS FOLLOWS:
1. The Parties acknowledge and agree that this Agreement shall be in force for as long as You are the registered User of the Platform.
2. The Company represents that it is engaged in the business of aggregating Users to act as parking vendors and parking seekers through its Platform. The Platform facilitates booking of parking slots, payments to Vendors, cancellation and modification of bookings, etc.
3. The Vendor represents the following:
a. It has full legal power and capacity to enter into and perform its obligations under this Agreement;
b. Has taken all necessary licenses applicable to its business and is fully compliant with all applicable statutes and regulations, as amended from time to time;
c. It shall at all times, sell products of high quality.
d. It shall not provide parking spots on the Platform that it is not authorised to provide in any manner.
e. It shall not engage in any conduct on the Platform that is illegal in nature as per Indian law.
f. It shall, at all times, adhere to the terms of service and privacy policy of the Platform.
g. All the information and contents provided by it, as required, to the Company are true, correct and accurate.
4. The Vendor wishes to avail the Services enabled by the Company on a non-exclusive and contractual basis as per the terms contained in this Agreement.
5. The Parties acknowledge that the Services of the Company only encompass the running of the Platform as a facilitator, and the Company shall not, at any point of time during any transaction between the User and Vendor on the Platform come and take into possession any of the parking slots offered by the Vendor.
6. The Vendor acknowledges that it shall be solely responsible to reimburse and/or absolve the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to the Vendor, including but not limited to
a. Defective or deficient product;
b. Wrong items put in the package;
7. The Vendor agrees that it shall be solely responsible for any warranty or guarantee of the integrity and quality of the parking slot through the Platform, and the same is not the responsibility of the Company nor of the Platform.
8. The Vendor agrees to bear sole responsibility for maintaining confidentiality of its login and password details and all activities that occur with the use of its login and password details. The Vendor agrees that if it provides any information or content required to be put up on the Platform, which is untrue, inaccurate, not current, or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of this Agreement, the Company shall have the right to indefinitely suspend, terminate or block the Vendor from accessing the Platform.
9. The Vendor shall confirm every booking made by a User [.] minutes from the time the particulars of the booking have been relayed to the Vendor through the Platform.
10. The Vendor agrees that the Vendor cannot just cancel a confirmed booking but the Company/Platform shall be entitled to do so as per its own discretion.
11. The Vendor agrees that they shall not directly contact Users under any circumstances, whether for amount collection, for alternative products or to communicate with the Buyer in any manner, nor should the Vendor attempt to divert the User to transact directly with the Vendor not using the Platform.
12. The Vendor shall be liable to be charged 1% of the total transaction amount through the Platform on a monthly basis.
13. The Vendor shall be eligible to receive 25% of every booking fee paid by a User who pre-books parking slots of the Vendor and the remainder shall be received by the Platform, unless the User cancels the booking. This shall only be applicable for Vendors who have more than 10 parking slots.
14. The Vendor agrees that registration with the Platform as a Vendor is exclusively for personal use to gain access to the Platform and is strictly not transferable.
15. The Company acknowledges that at no point of time shall it hold any right, title or interest over the parking slots nor shall the Platform have any obligations or liabilities in respect of any contract or transaction entered into between Vendor and User.
16. The Company acknowledges that it is merely the facilitator of the Platform and shall remain indemnified in respect of any third-party claims (from Users or otherwise) against the Vendor in respect of any conduct of the Vendor or any lack of statutory or regulatory compliance by the Vendor, pursuant to the Agreement. The Vendor also shall bear all responsibility for losses incurred in respect of vehicle damage or theft or any other incident in relation to the parking slot of the Vendor and the Company shall bear no responsibility whatsoever in respect of the same.
17. The Company reserves the right to temporarily or permanently discontinue its Services to the Vendor for material breach or non-compliance of the provisions of this Agreement, at its own discretion.
18. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty-free right to use, copy, publish and display the other Party’s trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between Platform and the Vendors and related purposes, including for publishing on the Platform.
19. Each Party shall retain ownership of its intellectual property and data existing as of the Start Date and any derivative works, additions, modifications, translations or enhancements thereof created by a Party or its affiliates pursuant to this Agreement.
20. The Vendor shall maintain the confidentiality of the Company’s sensitive information. All information shall be included within the scope of this clause that is learnt of in connection during the course of business carried out with the Company by the Vendor. Confidential Information may include, without limitation:
a. the terms of this Agreement
b. the Company’s business policies, finances, and business plans;
c. the Company’s financial projections, including but not limited to, annual sales forecasts and targets;
d. sales information
e. the identity of the Users
f. the account terms and pricing upon which the Company obtains services from its Vendor;
g. the names and addresses of the Company’s employees and other business contacts of the Company; and
h. the techniques, methods, and strategies by which the Company develops, updates and markets the Platform
21. The Vendor shall not directly or indirectly divulge or make use of any Confidential Information outside of their association with the Company (so long as the information remains confidential) without the prior written consent of the Company. The Vendor shall not directly or indirectly misappropriate, divulge, or make use of any confidential information for an indefinite period of time. The Vendor further agrees that if they or any of their officials/directors/personnel/employees/associates are questioned about information subject to this Agreement by anyone not authorized to receive such information, the Vendor will notify the Company within 24 hours.
22. The Vendor agrees to return all confidential information within three (3) calendar days following termination of this Agreement for any reason. To the extent the Vendor maintains any confidential information in electronic form on any computers or other electronic devices owned by it, the Vendor agree to irretrievably delete all such information and to confirm the fact of deletion in writing within three (3) calendar days following termination of this AGREEMENT.