Terms and Conditions: Parkfinda, which is the trading name of Parkfinda Parking Inc., a company registered in Delaware, USA, with Delaware State File No: 7362031 and registered office at 75 E 23rd St Apt 5 Bayonne NJ 07002 US. registered in Delaware, USA, with EIN No: 92-3155537 and registered office at 75 E 23rd St Apt 5, Bayonne, NJ 07002, USA. owns and operates www.parkfinda.com, the Parkfinda Mobile App, Parkfinda Call to Park, and Payment Machine/Kiosk. Your contract will be with Parkfinda Parking Inc. (referred to as the ''Parkfinda'' herein).The terms of this agreement govern your contractual relationship with Parkfinda and you referred to as the ''The Parking Space Owner/Operator'' Please read these terms and conditions carefully before you use our Platform list your parking space using our Online Platform. These terms and conditions will tell you: a) Services b) Appointment as Agent c) Payment and our charges a. Payment i. Once we have provisionally accepted a booking on your behalf we will request payment from the Driver. Once we have received the necessary payment from the Driver a booking will be deemed to have been accepted and you will have entered a binding agreement with the Driver to allow the Driver to occupy the Parking Space during the dates and times ("License Period") set out in our email confirming a booking ("Confirmation Email") subject to the Driver Parking Agreement. We will confirm a booking to you as soon as practicable. ii. Parkfinda and Parking Space Owner/Operator Payments i. Chargebacks 1. we will not be under any obligation to make payment to you of any amount which is the subject of a Chargeback and any claim you have for non-payment of Parking Space Fees will be against the Driver (and we will not be obliged to pursue such claim); and 2. if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback (less our fees). 2. Cancellation and Termination 3. The Parking Space 4. Approvals 5. Your obligations i. You must: ii. You agree that you will not create any false account with Parkfinda or use your account with Parkfinda for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering. iii. You agree to use Parkfinda as your exclusive agent for the purposes of making and accepting bookings from Introduced Drivers. For the purposes of this clause an “Introduced Driver' means any person who a) has made a booking of your Parking Space through Parkfinda; or b) has made an enquiry about your Parking Space through Parkfinda (whether or not such person completed a booking); or c) has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with Parkfinda; or d) has made you aware of their need for parking through Parkfinda whether or not in any of the above scenarios such person completes a booking with you or a third party (“Introduced Parking Space Owner'). In the event of a booking between an Introduced Driver and an Introduced Parking Space Owner such of these terms and conditions as relate to fees payable to Parkfinda will apply to the Introduced Parking Space Owner. iv. In the event that you arrange any booking or rental of or grant a license to use your Parking Space with an Introduced Driver (or any other person who is responsible for or entitled to drive the same car as an Introduced Driver) within a period of 12 months from the end of any Introduced Driver's License Period (if the Introduced Driver makes a booking) or the date on which we introduced the Introduced Driver to you or the Introduced Driver became aware of you or your Parking Space through Parkfinda, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this clause and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your Parkfinda balance accordingly. v. We reserve the right to inspect the Parking Space at any time to verify any fees due in accordance with clause 8.2. 6. Debit or Credit card details and PayPal i. In order to register an account you may be required to provide us with credit or debit card details to enable us to make payments to you. We are also authorized in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Driver. Certain functionality and features may be available only to those who have provided debit or credit card details to us or through your Parkfinda account or have set up a PayPal account which is typically required for the withdrawal of sums earned over the License Period. 7. Complaints and Disputes i. You agree that if you have any dispute with a Driver concerning your Parking Space or any use of the Parking Space you will attempt to resolve it in the first instance by directly communicating with the Driver. ii. In the event that a dispute cannot be resolved with the Driver directly you may refer the dispute to us or make a complaint. You authorize us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requiring you to refund any payments you have received or requesting that a Driver pays any outstanding amounts in relation to the relevant booking. iii. You agree that we may use any funds we are holding on your behalf in order to settle a dispute with a Driver and that if we are authorized to deduct sums from the debit or credit card details you have supplied (up to a maximum of $250 (USD) per claim or dispute if you are domiciled in the US or $375 (USD) per claim or dispute if you are domiciled outside the UK) in order to settle a dispute with a Driver. 8. Publicity i. We may refer to you or your Parking Space at any time in the future to publicize ourselves or our website. 9. Termination i. Either party may terminate this Agreement at any time by serving 1 month’s written notice on the other party, but upon termination you agree to honour any outstanding bookings. From the date of termination we will not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding bookings (subject to clause 12.5). ii. In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction. iii. We will be entitled to terminate this Agreement immediately if: 1. you are in material breach of any of the terms of this Agreement; or 2. you do anything to put our goodwill or reputation at risk; or 3. we have any reason to believe that you are not authorized to grant a license to use the Parking Space; 4. you cancel a booking other than in accordance with the Cancellation Policy; or 5. you refuse to cooperate with us in respect of this Agreement. 6. If any bookings are outstanding on termination by us under this clause 12.3 then clause 12.5 will apply. iv. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage). v. In the event that: 1. this Agreement is terminated by you and existing bookings cannot proceed under clause 12 (i) (eg. because you sell the property to which the Parking Space is attached); or 2. this Agreement is terminated by us under clause 12 (iii)while there are existing bookings; vi. You should be aware that you may also be liable to the Driver (under the Driver Parking Agreement) for any reasonable associated costs, charges, damage and liability which the Driver incurs as a result of any of the events described in clause 12 (v), including the Driver's costs of having to make alternative parking arrangements 10. Insurance i. You will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your Parking Space. 11. Disclaimers i. If you choose to use the Website and Services, you do so at your sole risk. You acknowledge and agree that Parkfinda does not have an obligation to conduct background checks on any Driver. The Website and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Parkfinda explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Parkfinda makes no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Parkfinda makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or Services. ii. No advice or information, whether oral or written, obtained from Parkfinda or through the Website or Services will create any warranty not expressly made herein. iii. You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Drivers. You understand that Parkfinda does not make any attempt to verify the statements of users of the Website or Services or to review or visit any Parking Spaces. Parkfinda makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Drivers, particularly if you decide to meet in person. 12. Your liability i. You agree to defend, indemnify and hold harmless Parkfinda, its affiliates, and their respective officers, directors, managers, employees and agents ("Parkfinda Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions in relation to the Services, the Website, the Parking Space or the Booking; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Website caused damage to a third party; (v) your violation of any law; or (vi) your breach of the Driver Parking Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Parkfinda Indemnitees. 13. Our liability i. Parkfinda will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will Parkfinda be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Website or Services, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Website or Services or any booking with a Driver, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction ii. For the avoidance of doubt, the liability excluded under clause 16.1 includes any loss arising from your dealings with any Driver or arising from the Parking Space and we shall have no liability to you whatsoever for any act or omission of the Driver in connection with the Parking Space or a Booking. We will not be liable to you in the event of a claim by a Driver against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Driver in such circumstances. iii. Our liability to you for all losses under this Agreement is capped at the total fees paid by you to us under this Agreement. iv. No claim may be brought against us in relation to this Agreement more than 12 months following the date on which your Parking Space to which such claim relates was last promoted on our Website. v. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website, Mobile App, Call to Park, Car Park Management System (booking dashboard) and related Services and responsibility for the Parking Space and fulfillment of a Booking lies solely with the Owner for whom we act only as an agent in a limited capacity. vi. If you are domiciled in the UK the liability excluded under this clause excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation. 14. Non-solicitation i. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkfinda or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Website, Mobile App, Call to Park, Car Park Management System and other related service. 15. Confidentiality i. Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other's business or affairs other than to its employees, associates or contractors (if any) who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party's possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the Agreement. 16. LIMITATION OF LIABILITY: THE ATTENTION OF THE PARKING SPACE OWNER/OPERATOR IS PARTICULARLY DRAWN TO THIS CLAUSE 16.1 Parkfinda's liability is not limited or excluded in cases of death or personal injury caused by its negligence, the negligence of its employees, agents, or subcontractors, fraud, fraudulent misrepresentation. 16.2 Subject to clause 16.1: 16.2.1 Parkfinda shall not be liable to the Parking Space Owner/Operator, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with this agreement or the Driver Parking Agreement. 16.2.2 Parkfinda's total liability to the Parking Space Owner/Operator for all other losses arising under or in connection with this agreement and the Driver Parking Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed USD1,000 in aggregate. 16.3 This limitation of liability clause will continue to apply even after the termination of the Contract. 17 General 17 Intellectual Property Rights 17.1 All Intellectual Property Rights related to the Services are owned by Parkfindar. 17.2 The Parking Space Owner/Operator acknowledges that its use of any third-party Intellectual Property Rights is subject to Parkfinda obtaining a written license from the relevant licensor, allowing the Parkfinda to license those rights to the Parking Space Owner/Operator. 17.3 Parkfinda is permitted to use Customer details for marketing purposes, as long as it complies with the Data Protection Act 1998. 19 Government Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. 20. Force Majeure 1. A "Force Majeure Event" refers to an event beyond the reasonable control of Parkfinda, which may include strikes, lock-outs, other industrial disputes, failure of utility services or transport networks, acts of God, war, riots, civil commotion, malicious damage, compliance with laws or government orders, accidents, breakdowns of machinery, fire, floods, storms, or default of suppliers or subcontractors. 2. Parkfinda will not be held liable to the Parking Space Owner/Operator for any delay or failure in performing its obligations under this agreement or the Driver Parking Agreement due to a Force Majeure Event. 3. If a Force Majeure Event prevents Parkfinda from providing the Services for a period exceeding four weeks, Parkfinda reserves the right to terminate this Agreement and the Driver Parking Agreement immediately by providing written notice to the Parking Space Owner/Operator. This termination right is in addition to any other rights or remedies available to Parkfinda. 21. Dispute Resolution 1 Regardless of where you are domiciled, any claims brought against Parkfinda must be filed in a Delaware court in the United States. Any arbitration, mediation, or other conciliatory process must be initiated and carried out in Delaware. You agree to submit to the exclusive jurisdiction of the courts of Delaware. 2 Although both parties prefer to resolve disputes through arbitration, Parkfinda can still go to court to protect its intellectual property rights or to seek injunctive relief if necessary to enforce this Agreement or the arbitrator's decision. 3 The arbitrator, following the laws specified in the Agreement's Governing Law and Jurisdiction, will issue a written decision. The arbitrator has the authority to grant legal remedies in line with this Agreement, but punitive, exemplary, or special damages are not included. 4 Both parties will share the costs of the arbitrator's fees. 5 Disputes will only be resolved individually and will not be combined with any other claims or legal proceedings involving other parties. 6 These dispute resolution provisions will remain in effect even if this Agreement is terminated. 23. California Users and Residents If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
1. the address of the Parking Space;
2. any restrictions on the types of vehicles for which the Parking Space is suitable;
3. any other information or restrictions which apply to the Parking Space which a Driver should be aware of before booking the Parking Space.
a) Parkfinda, without limiting its other rights or remedies, has the right to suspend the Services until the Customer Default is remedied. Parkfinda can also rely on the Customer Default to excuse its non-performance to the extent that it is prevented or delayed by the Customer Default.
b) Parkfinda shall not be held liable for any costs or losses incurred by the Parking Space Owner/Operator directly or indirectly due to the Parking Space Owner/Operator 's failure or delay in performing its obligations as described in this clause
c) The Parking Space Owner/Operator must reimburse the Parkfinda upon written demand for any costs or losses incurred by Parkfinda directly or indirectly as a result of the Customer Default.
then you will be fully liable to us (under the terms of this Agreement) for all associated costs, charges, damage and liability which we may incur as a result and you agree to indemnify us on a continuing basis in respect of any such cancelled booking.