Terms and Conditions

Last Updated 3 Nov, 2015

  1. Relationship with ParkZap

Thank you for your interest in ParkZap. These Terms and Conditions (Terms) are intended to make you aware of your legal rights and responsibilities regarding your access to and use of the ParkZap website, apps, products or any services (collectively the “Services”) made available and maintained by ParkZap Labs (henceforth referred to as “Our” or “ParkZap”)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES.

Your access and use of the services constitutes your agreement to be bound by these Terms . You can accept the Terms by:

If you disagree with any terms or part of the terms, you should not access or use the Services. This policy may change from time to time. Your use of our services after we make changes is deemed to be acceptance of those changes.

  1. Definitions
    User
    “User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services .
    Eligibility to use the Services
    The Services are not available for use by persons under the age of 18. We do not knowingly collect personal information from persons under 18. If we learn we have collected or received personal information from a person below 18, we will delete that information.You may not transfer your account to any other person or entity unless you have explicit permission from ParkZap to do so. You agree to comply with all applicable laws when using the Services You will not, in your use of the Services cause nuisance, annoyance, harm, inconvenience or property damage, to any Third Party Service Provider or any other party.
  2. The Services

The Services imply a technology platform and any constituent parts made available to enable users of ParkZap’s mobile applications or websites to view and pay for Parking Services with independent third party providers of such services, including independent third parties under agreement with ParkZap or ParkZap affiliates.

You acknowledge that ParkZap does not:

  1. Own a parking lot
  2. Provide parking services or management nor employees at the parking site
  3. Guarantee the availability of parking spaces or accuracy of any data on its applications and websites
  4. Assume any responsibility for lost parking tickets and its consequences
  5. Assume any responsibility whatsoever for consequences of a failed payment or transaction involving parking beyond what is mentioned in the redressal section of the Agreement.
  6. Endorse the usage of cell phones while driving

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License

Subject to your acceptance of these Terms, ParkZap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) Access and use the Applications on your personal device solely in connection with your use of the Services (ii) access and use for personal, noncommercial use any information and related materials made available through the Services.

Third Party Services and Content

The Services may be made available in conjunction with third party services and content (which may include advertising) that ParkZap does not control. You acknowledge that different terms of use and privacy policies may apply to use of any such services and content and in no event shall ParkZap be held liable for any products or services of such third party providers.

  1. YOUR USE OF THE SERVICES
    In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or age of legal majority in your jurisdiction to obtain an account.
    You agree to maintain accurate and up to date information in your account. Your failure to maintain accurate and up to date information may result in your inability to access the service which may result in ParkZap’s termination of these Terms with you. You are responsible for all activities that occur under your account and you agree to maintain the security and secrecy of your account credentials at all times.
    Network Access and Devices
    It is the responsibility of the User to obtain and maintain the data network necessary to use the Services. Your mobile network’s data and messaging rates may apply if you access or use the Services from a wireless enabled device. It is the User’s responsibility to acquire and maintain a compatible device to use the Services.
    In addition the Services may be subject to delays and failures inherent with the use of Internet and electronic communications. You agree to not hold ParkZap responsible for any loss whatsoever arising from such occurrences.
    Text Messaging
    By creating an Account, you agree that the services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving such text messages by any means whatsoever may impact your use of the services.
    Promotional Codes
    ParkZap may, on its sole discretion create or advertise promotional codes that may be redeemed for parking tariff reduction or account credit or other benefits related to the Services which may or may not include a Third Party Provider’s Services. Such codes will be subject to additional terms that ParkZap establishes on an individual basis. You agree that the Promotional Codes (i) may not be duplicated, sold or transferred in any manner or made available to the general public (on any public forum) unless expressly permitted by ParkZap (ii) may be disabled by ParkZap at any time for any reason without any liability to ParkZap (iii) will not be held equal to cash (iv) may expire unless used within mentioned date and time
    ParkZap reserves the right to refuse any such promotion code or credits arising from their use if ParkZap determines or believes that the use of the code was fraudulent, illegal or in violation of the Promotional Code terms or these Terms.
    User generated content
    ParkZap may permit Users from time to time to submit, upload or publish or make available to ParkZap through the Services textual, visual or audio information (referred to as “Content”), including feedback related to the Services or transactions made using the Services. Any such content provided by you on the Services explicitly grants ParkZap a worldwide, perpetual, irrevocable, transferrable, loyalty free license with the right to use, copy, modify, create derivative works of, distribute, publicly display, perform or otherwise exploit in any manner the Content in all formats across any distribution channel currently active or designed in the future.
    By agreeing to the Terms, you warrant that you are the sole and exclusive owner of all Content or have all rights, permits needed to grant ParkZap the license to the Content as defined above.
    You also agree to not provide any Content that is defamatory, slanderous, violent, pornographic, unlawful or in any ways offensive, as determined by ParkZap at its sole discretion. ParkZap may remove any Content at ParkZap’s sole discretion at any time, without any notice to you.
    Payment
    The Services rendered to you may result in charges to you for use of any third party provider’s facilities and services. ParkZap on its part will facilitate the payment of applicable charges
    Charges paid by you are final and non-refundable, except otherwise decided by ParkZap. All charges are to be paid immediately using the preferred payment method chosen in your account. Every transaction will generate an automated receipt which shall be sent to your registered email address within 48 hours. ParkZap reserves the right to determine a lack of funds for any ongoing transaction, and you authorize ParkZap, as the Third Party Provider’s limited payment collection agent, to use a secondary payment mentioned in your account.
    Refund Policy
    You, as a user, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the service provider
    All payments made against the services will be in Indian Rupees. Customers have the option of making payments thru cash directly to Parking service provider OR make payment electronically thru use of Parkzap app & thru wallets specified in the app. For any dispute while making payment in cash you need to settle the issue with service provider as Parkzap is a technoloty provider and does not run Parking facility.
    In case where payment has been made by electronic mode and you find you have been charged without using the services or charged excess, you need to provide details of dispute by email to us within 72 hours of dispute. In case the dispute is not brought to our attention within 72 hours we shall presume that the transaction was smooth and without any dispute. Dispute, if any, received by us within stipulated time will be resolved in a maximum period of 14 days.
  2. Disclaimer of Warranties, Limitation Liability and Indemnification

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKZAP, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PARKZAP PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARKZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES. IN NO EVENT SHALL PARKAZP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

IN NO EVENT SHALL PARKZAP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CASUES OF ACTION EXCEED RS 5000.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER THE LAWS APPLICBLE IN YOUR JURISDICTION.

Indemnification

You agree to indemnify and hold ParkZap, its officers, directors, employees and agents harmless from any and all claims, actions, proceedings, demands, losses, liabilities, costs and expenses arising as a result of, or in connection with: (i) Your access to and use of the Services (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your breach of any of these Terms (iv) your violation of any rights of any third party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Redressal and Dispute Resolution

We are committed to safeguarding your personal information collected and handled by us and look forward to your support for the same. In case of any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, you can contact us by contacting the Appellate Authority of your circle whose contact details are available on our website under Customer Grievance Section for each circle.

We would aim to address your feedback, concerns, disputes in a timely and effective manner & we look forward to your valuable inputs.

This T&Cs shall be governed by and construed in accordance with the laws of India, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Gurgaon, India only

Accept

PRIVACY POLICY

PARKZAP(Company, We or Us) respects your privacy and are committed to protecting it through our compliance with the policy. Please read this policy carefully to understand our policies & practices. If you do not agree with our policies and practices, you should not use our Services. By accessing or using our Websites/Apps, you agree to this privacy policy. This policy may change from time to time. Your use of our services after we have made changes is deemed to be acceptance of those changes.

This policy describes the types of information we may collect from you or that you may provide when you visit our website/app and our practices for collecting, using, maintaining, protecting and disclosing this information.

It does not apply to information collected by:

The information collected may include, amongst other things, your name, father’s name, mother’s name, spouse’s name, date of birth, address, telephone numbers, email address, occupation etc.

The information that we collect from you is held in accordance with applicable laws and regulations in India. It may be used by us for a number of purposes connected with our business operations and functions and to provide you better services which include:

*Processing your orders

*Providing you with products and/or services requested

* Billing you

* Settling accounts with those who provide related services to us

*Dealing with requests, enquiries or complaints and other customer care related activities, and all other general administrative and business purposes

* Carrying out market and product analysis and marketing our and our associate companies products and services generally which we feel may be of interest to you(unless you ask us in writing not to)

*Registering your details and allocating or offering you rewards, discounts or other benefits

* Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution

*Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of our systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

The safety and security of your information also depends on you. Where we have given you(or where you have chosen) a password for access to our app, you are responsible for keeping this password confidential.

To ask questions or comment about this privacy policy and our practices, contact us at www.parkzap.com

You confirm that you have read and agree to our Terms and Conditions and Privacy policy

I ACCEPT