TERMS AND CONDITIONS PARKN

Thank you for visiting the Parkn. (" Parkn," "we," "us," or "our") website at (_____) and associated software application(s) (collectively, the "Site"). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY PARKN SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

If you fail to comply with these Terms and Conditions, your permission to use the Site automatically terminates and we may disable your use of the Site. The provisions of these Terms and Conditions apply equally to, and are for the benefit of, Parkn, its parent, subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

DEFINITIONS

“Client”: designates any physical person having the capacity to contract or any legal person subscribing to one or more Services offered by Parkn.

“Order”: designates the Client’s wish to legally accept the offer of service commercialized by Parkn.

“Means of Access”: designates the access card, the sticker pass or any other means of access given to the Client in order to allow him to access a Car Park following its subscription to the Services.

“Car Park”: designates an eligible car park which is operated by a Parkn group member company and in which the Client can benefit from one or more Services.

“Service(s)”: designates all the parking services and other related services offered by Parkn on the Website or by the means of the Application.

END OF LICENSE PERIOD

The Parker must vacate the Parking Space and cease using the Parking Space by the end of listed availability period.

The exact departure time from the Parking Space will be as notified by the Parker and accepted by the Host (both via the platform).

Overstays

  1. The Parker will be liable to pay the full price for any additional time stayed. The Parker will be liable to pay:
    • Up to 2 times the hourly rate for every additional hour stayed until this rate exceeds the cost of the daily rate. After this point the Parker will be charged at two times the daily rate. Any minutes under 1 hour will be charged as 1 hour.
    • An additional (__)penalty charge
    • Any additional costs incurred by the Host (including any towing or relocation fees) as a result of the overstay up to a maximum of (__).
    • The Host agrees to notify Parkn of any overstay via the Platform.
  2. The Parker agrees to notify Parkn of any overstay via the Platform.
  3. The Host shall authorize Parkn to collect payment of any such additional fees from the Parker on behalf of the Host.
  4. If the Parker overstays by more than 2 hours then the Host reserves the right to instruct a third party to remove the Parker's vehicle(s) from the Parking Space (and the Parker will be charged for the costs of any such action).
  5. Parkn has full discretion about whether any fees or fines will be applied for overstays and Parkn's decision will be final.

PARKER OBLIGATIONS

  1. The Parker has primary responsibility for their own safety and the safety of their vehicle during the License Period. The Host is not responsible for ensuring the safety of the Parker or the vehicle.
  2. Where the Parker is allowing another person to use the Parking Space pursuant to “Parkn For Business”, the Parker may not allow any person other than the Parker(s) named in the Confirmation Email and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period. This agreement is personal to the Parker and the Host and may not be transferred to any other person. If anyone other than the Parker named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period the Host may refuse access to that individual and their vehicle (even if they have the authority of the Parker).
  3. The Parker represents, warrants and agrees that they will:
    1. keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
    2. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
    3. notify the Host or Parkn of any damage to the Parking Space during the License Period as soon as it occurs;
    4. not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to the owner or occupier of neighboring property;
    5. not conduct any illegal or immoral activity from the Parking Space;
    6. not conduct any business or commercial activity whatsoever from the Parking Space;
    7. not use the Parking Space for any purpose other than for parking;
    8. maintain insurance on the vehicle as required by applicable law;
    9. indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the Parker's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Host; and
    10. Act with courtesy towards the Host.

The Parker acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached.

YOUR USE OF THE PARKN SERVICES

You are responsible for providing Parkn with the correct information about you when you register for the Parkn Service. Required details may include, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the Parkn website, or via the mobile applications. You are responsible for keeping your password and login information for our website secret so that only you can access your account’s personal pages on our website. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the Services.

You activate the Services by either: (a) using your mobile phone to call us or (b) using the Parkn app on your smart phone device or (c) using the Parkn website (__________) when you park your vehicle in a designated parking space. You are responsible for all fees associated with the use of your mobile phone (e.g., per-minute phone charges).

You are responsible for correctly entering the relevant parking zone number, which is indicated on the parking meters or signs nearest to the relevant parking space, as well as the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking space number. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. Note that use of the Services does not guarantee you a parking space. You only activate the Services after you have found an available space. To correctly activate the Services when you have parked, you must input the necessary details required to activate your parking session.

All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from Parkn. The parking garage or parking lot owner’s parking regulations apply to you and your use of the Services does not exempt you from following their rules. Parking rates can be changed by the parking garage or parking lot owner at any time. Increases or modifications to parking fees are beyond Parkn’s control. We pass the fees through to you and we are not responsible for any fee increases.

You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked. In parking locations that allow for early deactivation of your parking session, it is your responsibility to deactivate your parking session (i.e., before you leave the parking facility).

Parkn is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize Parkn to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Parkn may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then Parkn, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall Parkn provide any of your credit card data to the relevant authorities in connection with such collection matters.

We attempt to be as accurate as possible when describing our Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.

Intellectual Property

The Website and the Application, as well as their content, including all texts, photographs, images, icons, sounds, videos, software, data and database, are notably protected by intellectual property laws. In accordance with such laws and, more generally, with international treaties and agreements containing provisions on the protection of copyright and other intellectual property rights, you understand that access to the Website and the Application (and their respective contents) does not grant you any right, title or interest in any form of the intellectual property that remains the exclusive property of Parkn or its affiliates or partners other than:

  • to consult, copy and print, in whole or in part, the content of the Website or the Application for informational purposes and other internal and non-commercial use, provided this is done in accordance with applicable laws and the General Conditions, including your undertaking not to: (i) use it for commercial purposes, (ii) to sell, distribute, issue, distribute, adapt, translate, modify, publish, share, modify, transmit, make available or communicate in whole or in part, in any form whatsoever, the data, presentation or layout of the Website or the Application or any other content, (iii) decompile, use reverse engineering processes or similar processes, attempt to access any account (or Site or Application) by automated means or create derivative works, (iv) remove, obscure or exclude trademarks, notices, indications and symbols or other notices of copyright or other forms of intellectual property that appear on the Website or the Application, (v) enter data on the Website or on the Application that modifies or is likely to alter the content or appearance of the data, presentation or layout of the Website or the works appearing on the Website or the Application and by any process whatsoever;
  • to create hyperlinks to the pages of the Website or the Application, provided that such links do not represent the Services or Parkn in a false or misleading manner, or in contravention of the provisions hereof, or in a manner that discredit such Services or Parkn, or which would be prejudicial to its reputation or other Parkn’s rights.

Subject to the foregoing, you understand that no right, title or interest is granted to you in connection with any form of intellectual property owned by Parkn. You may not use the trademarks, trade names, content, images or other information made available through the Website or the Application without the express consent of Parkn. You agree and confirm that all messages, questions, comments, suggestions or other materials (“Suggestions“) that you may provide to us from time to time are not confidential or subject to third party intellectual property rights. By providing these Suggestions, you grant irrevocably and without limitation, all rights, title and interest in any form of intellectual property you may have in connection with these Suggestions, and you irrevocably waive all moral rights that you may have, as the case may be, on such intellectual property.

PROHIBITED ACTIVITIES

You may not use the Site to: Publish any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or content; Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity; or Distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. You are not entitled to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data or content for the purposes of sending unsolicited email or for any other use.

OUR LIABILITY

The material displayed on our Site is provided without any representations, conditions or warranties as to its accuracy and is provided on an “as is” and “as available” basis. You acknowledge and agree that use of the Site and its content is entirely at your own risk. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity. Your access to the Site may be occasionally interrupted to allow for repairs, maintenance or the introduction of new facilities or services. Any such interruption shall not constitute a breach by us of these Terms. We will not be liable for any damages arising as a result of your use of the Site, or any interruption in your access to the Site, whether such damages are incurred or suffered as a result of our negligence or otherwise, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not Parkn is advised of the possibility of such damages. You agree to indemnify and hold harmless Parkn. and its officers, directors, employees and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Site; (ii) your breach or violation of any of these Terms; (iii) Parkn s use of your User Content.

MODIFICATIONS TO THE GENERAL CONDITIONS

These General Conditions are valid as of the effective date mentioned below. The most recent version of these General Conditions supersedes all previous versions. Parkn reserves the right to revise these General Conditions at any time. Any material changes will be brought to your attention when you log in to your account or otherwise via a web banner or by any other means before the change takes effect. Subsequently, these General Conditions as amended will be made available and readily accessible on the Website and the Application. Similarly, an updated version of the General Conditions will be posted on the Website and the Application each time a minor change is made. You will be able to see if these General Conditions have been amended by looking at the effective date appearing at the bottom of this document. Once brought to your attention as described above, you will be bound by these amendments; as such we encourage you to visit this page frequently to stay informed.

HYPERLINKS

The Website and the Application may contain certain hyperlinks to third party websites for convenience or information purposes. Parkn emphasizes, however, that such websites operate independently of this Website and the Application, and therefore separate privacy terms and policies are applicable to them. It is your responsibility to revise those policies and terms and conditions. Your connection is at your own risk and you assume full responsibility for any decision made (to consult such sites) and the consequences that may follow.