1. ACCEPTAMNCE OF TERMS
These are the terms and conditions that apply to your use of our PARKFINDA website (Website), the PARKFINDA Mobile App (App), PARKFINDA Call to Park, and any use you make of the services available through our website, Call to Park, or our Mobile App (Online Platform/Service). Parkfinda Parking Inc. (The Company), which owns and operates PARKFINDA.COM and the PARKFINDA Mobile App in the United States Of America. Your contract will be with Parkfinda Parking Inc. (hereinafter referred to as "the company"), registered in Delaware, USA, with Delaware State EIN No: 92-3155537 and registered office at 75 E 23rd St Apt 5 Bayonne NJ 07002 USA. These terms govern your contractual relationship with the Company, including but not limited to your use of the website, PARKFINDA.COM ("Website"), PARKFINDA Mobile App ("App"), and PARKFINDA Call to Park, as well as your use of the Services (defined below). They establish legally binding obligations, and you should review them carefully before accessing the Website or using any of the Services. If you are accessing the Website on behalf of a company or other entity, you represent and warrant that you are authorized to bind such entity to the provisions herein. The Terms may be revised from time to time without notice, and the current version of the Terms will apply to any transaction or action or omission by you or the Company. This Agreement shall apply for an indefinite term and may be terminated by either party by providing seven days’ notice to the other party.
Please read these terms and conditions carefully before using our Online Platform, booking to pay and park, or listing your parking space using our Online Platform. These terms and conditions will inform you about:
- who we are, and explain the relationship between the different individuals and businesses that use our Online Platform/Service
- how contracts are entered into through the Online Platform, Call to Park, and Mobile App, and other important information
- about our website or our Mobile App or Call to Park, and before you book to pay and park or list your parking space using our Online Platform.
2. DESCRIPTION OF SERVICES
- 1. The Company provides users with a range of services that enables users to interact with the application or an Online Platform to manage parking spaces in the parking industry, promote those parking spaces, and distribute information related to availability and booking through the Website, Call to Park, and My Mobile App ("Services"). For clarity, the term "Services" includes all functionality provided through the Website and Mobile App, such as the help desk system, connectivity API’s, and related support services. Any new features that enhance the current Services, including the release of new features or products, are also governed by the Terms. The Company reserves the right to change or discontinue the Services at any time with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services. You are responsible for any taxes imposed on the sale or use of Services, and applicable taxes may be added to the amount charged for Services purchased on the Website and/or Mobile App.
- 2. If you visit the website or use our Mobile App, whether or not you pay to park or advertise a parking space using the Online Platform, and whether you register with us or not, you are allowed to do so provided you comply with the Terms and Conditions.
- 4. If you use our Online Platform to book to pay and park at one of the advertised parking spaces, the Online Platform allows you to form a Driver Parking Agreement between you and the owner of the parking space.
- 5. We refer in these terms and conditions to individuals who pay to park as Drivers, even if the person who pays to allow a vehicle to be parked in a parking space is not the driver of that vehicle.
- 6. We refer in these terms to individuals or businesses who advertise parking spaces using the Online Platform as the Space Owner, and we make a distinction between individuals who use the Online Platform to advertise parking spaces situated at private property not used in the course of business (Private Space Owner), and individuals or businesses who use the Online Platform to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as apartments, lands, shops or offices (Business Space Owner).
3. LISTING BY PRIVATE SPACE OWNERS OR BUSINESS SPACE OWNERS
- 1. The Company may advertise your Parking Space on our www.parkfinda.com (website), Call to Park (IVR), and mobile applications ("App") and provide information to Drivers and prospective Drivers who may wish to use the Parking Space. You will be required to create your own listing for the Online Platform. In your listing, you agree to provide all relevant information about the Parking Space, such as name, address, contact number, restrictions, parking charges, operational hours, and more.
- 2. Space Owner(s) are responsible for the accuracy of all information in their listing and any information provided to us regarding a parking space booking. Under this agreement, Space Owners are liable to the Driver under the Parking Space Agreement if the information provided is incorrect, inadequate, or misleading. In such circumstances, Space Owner liability may include reasonable losses incurred by the Driver, and you may be required to pay reasonable damages for breach of contract.
- 3. The Company may carry out a location inspection of the Parking Space at any time and may remove your listing if the Parking Space does not match the information you provided or our standards, or if we believe you are in breach of your obligations.
- 4. The company may advertise the Parking Space from time to time and is entitled to send marketing emails to Drivers and provide information about your Parking Space as deemed appropriate to promote our Website and Mobile App or your Parking Space.
4. OUR ONLINE, Call to Park AND MOBILE APP SERVICES
- 1. The Website, Call to Park, and Mobile App services and all their contents and materials will be accurate as amended by us from time to time. The Company will take reasonable steps to make the Online Service available through the Website, Call to Park, and the Mobile App but does not guarantee or warrant uninterrupted or error-free access to OUR ONLINE, CALL TO PARK, AND MOBILE APP SERVICES. The Company reserves the right to suspend, withdraw, or restrict the availability of all or any part of our website, our Call to Park, our Mobile App, or the Online Platform for business and operational reasons. Reasonable notice will be given for any suspension or withdrawal. The suspension or withdrawal of the Online Service will not affect any Driver Driver Parking Agreement formed between a Driver and a Space Owner.
- 2. The Company will make reasonable efforts to ensure that parking spaces listed through the Online Platform are suitable for their purpose, but we do not guarantee the suitability of any parking space for a Driver’s requirements. We rely on the Space Owner for details about a Parking Space, and while we verify the accuracy of such information reasonably, we provide no warranty regarding these details.
- 3. The Company will reserve any parking space booked to pay and park using our Online Platform/Services, but we do not guarantee the availability of any parking space advertised on our Online Platform or that any parking space will be available for booking at any time. A parking space will be available only when there is no other booking or reservation made for the same parking space at the same time.
- 4. The Company will use its reasonable efforts to ensure that payments made to us through our Online Platform/Services are secured and transmitted to us, but we provide no warranty regarding the security of such payments.
- 5. In relation to our Call to Park Service, the Company makes reasonable efforts to ensure the accuracy of the information provided as part of that service, but we provide no warranty regarding the accuracy of such information.
- 6. The Company may make available through our Website or Mobile App links to third-party websites or advertisers. The Company makes no representations regarding the contents or accuracy of materials on such third-party websites, and the fact that the Company makes such links available is not an endorsement or recommendation by the Company of such websites or the products or services offered there.
5. BOOKING A PARKING SPACE AND DRIVER PARKING AGREEMENTS
- 1. This section sets out the process of booking a parking space advertised through the Online Platform and forming a contract between a Driver and a Space Owner ("Driver Parking Agreement").
- 2. You may view parking spaces available for booking through the Online Platform, and you may submit booking requests for these parking spaces. When you submit a booking request, you are submitting an offer to us to book the parking space on these terms and conditions and the parking charges specified on the Online Platform. Your booking is accepted when you receive an email or message from us confirming the booking and providing you with a booking reference number. The Driver Parking Agreement is formed at this point.
- 3. You may not offer to pay, and no Space Owner may accept payment in any form other than through the Online Platform for the parking space advertised on the Online Platform.
- 4. You must provide accurate and complete information when submitting a booking request, and you will be responsible for any losses caused by your provision of false, inaccurate, or incomplete information.
- 5. You agree to comply with the terms and conditions of the Driver Parking Agreement when you book a parking space. You are required to pay the parking charges for the parking space booking in accordance with the Driver Parking Agreement, even if you do not use the parking space.
- 6. You may cancel a booking in accordance with the cancellation policy specified in the booking process on the Online Platform, but we may charge you a cancellation fee in accordance with that policy.
- 7. If you do not use the parking space booked by you and do not cancel the booking in accordance with the cancellation policy, the full parking charges for that booking will be charged to you.
- 1. As a Driver, you agree to pay the parking charges specified on the Online Platform when you book a parking space. The parking charges will be payable to us on behalf of the Space Owner.
- 2. Payment will be taken from your credit or debit card at the time you submit your booking request. The parking charges will be held by us on behalf of the Space Owner as disclosed agent until the parking space is used or canceled.
- 3. We may charge you a cancellation fee if you cancel a booking in accordance with the cancellation policy specified in the booking process on the Online Platform.
- 4. If you do not use the parking space booked by you and do not cancel the booking in accordance with the cancellation policy, the full parking charges for that booking will be payable by you.
- 5. Parking charges include any applicable taxes, unless otherwise stated. The Company is not responsible for collecting, reporting, or remitting any taxes arising from transactions through the Online Platform.
- 6. Any discounts or promotional offers we may make available from time to time may be used as part of the parking charges. You may use these discounts or promotional offers subject to their terms and conditions.
- 7. If you breach any of the terms and conditions of the Driver Parking Agreement, the Company may charge you a reasonable fee for any losses incurred by the Space Owner as a result of your breach.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
- 1. The Company is not responsible for any damages or losses resulting from the provision of false, inaccurate, or incomplete information by Space Owners or Drivers.
- 2. The Company does not guarantee the availability of parking spaces advertised on the Online Platform or the suitability of parking spaces for Drivers’ requirements.
- 3. The Company is not responsible for any losses or damages incurred by Space Owners or Drivers resulting from the use of the Online Platform or Services, including but not limited to missed bookings, payment processing errors, technical failures, or communication breakdowns.
- 4. The Company is not liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Online Platform or Services.
- 5. The Company’s total liability to you for any claims arising from or related to the use of the Online Platform or Services is limited to the total parking charges paid by you to the Company for the specific booking giving rise to the claim.
- 6. The Company does not guarantee the accuracy, completeness, or reliability of third-party content linked to from the Online Platform or Services.
- 7. The Company makes no warranty that the Online Platform or Services will meet your requirements, be secure, uninterrupted, timely, or error-free.
- 8. No advice or information, whether oral or written, obtained from the Company or through the Online Platform or Services, will create any warranty not expressly made herein.
- 1. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and third-party service providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Online Platform or Services, any violation by you of these Terms, or any violation by you of any rights of another.
9. GOVERNING LAW AND JURISDICTION
- 1. 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.
10. CONTACT INFORMATION
- 1. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
11. CALIFORNIA USERS AND RESIDENTS
- 1. 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