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Working with Parking Sistem.app

Welcome! By using the Parking Sistem App website (the “Site”) and mobile app (the “Mobile Application”), you agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). As used in this Agreement, Parking Sistem App will be referred to as “Parking Sistem App” or “we” and you will be referenced as “you”. This Agreement incorporates by reference the following policies and documents also found on this Site and the Mobile App: Privacy Policy

Acceptance

The following terms and conditions govern your use of the parking information, materials and documents being made available to you at this website or mobile app, including, to the extent applicable, the Seller Console and other tools provided for users who sell parking (“Sellers”) and the Parking Sistem App API and other tools provided for users who are developers (“Developers”) (collectively, the “Materials”) and users who used (search and book) parking (“Customers”). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this Site, Mobile App or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site, Mobile app or the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Part I: General Terms and Conditions

Reservation of Rights

The Parking Sistem App name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Parking Sistem App Online Services Pvt. Ltd. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Parking Sistem App or third party trademarks or logos without the prior written consent of Parking Sistem App or the applicable trademark owner.

 

The service provided by Parking Sistem App is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. We, therefore, cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.

 

For clarification, Parking Sistem App does not:

  • Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting on our behalf
  • Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers
  • Warrant that the Internet, our website, mobile app or any email from us is free of viruses or other potentially harmful effects
  • Endorse the use of cell-phones while driving
  • Guarantee the availability of a specific parking spot in the location you selected

 

Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.

 

This Site and mobile app are intended for personal, non-commercial use (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Site and Mobile app unless specifically permitted by Parking Sistem App. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site and Mobile app. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

 

Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

 

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site and Mobile App, including reproduction for a purpose other than that, noted above without Parking Sistem App’s prior written consent, is prohibited.

 

Privacy Policy: Security

You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Parking Sistem App Online Services Pvt. Ltd. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

 

Parking Sistem App makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Parking Sistem App will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.

 

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Parking Sistem App in connection with your use of this Site and Mobile App (collectively, “Comments”), shall be and remain the exclusive property of Parking Sistem App and may be used by Parking Sistem App in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site or Mobile App and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Parking Sistem App is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

 

Links to Other Web Sites and Services

To the extent this Site and Mobile App contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their web sites or any products or services offered on those web sites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Parking Sistem App does not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

 

User Accounts

In order to fully participate in all Site and Mobile activities, you must register for a personal account on the Site and Mobile App (a “User Account”) by providing an email address, mobile number and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site or Mobile App using multiple User Accounts.

 

Ownership: Sublicensing

The Site and Mobile App contains various information in the form of data, text, graphics, and other materials from Parking Sistem App and third parties (the “Site Content”). You acknowledge that this Site, Mobile App and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site and Mobile App Content is and shall remain the property of Parking Sistem App or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site and Mobile App Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site or Mobile App Content , in whole or in part.

 

As between Parking Sistem App and you: (i) Parking Sistem App retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site and Mobile App, including, without limitation, the API, Database, Parking Sistem App Content, trademarks, and any and all Parking Sistem App services and any content created or derived therefrom (collectively, the “Parking Sistem App IP”); and (ii) you and, to the extent applicable, your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by Parking Sistem App. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Parking Sistem App or its suppliers. You shall not take any action inconsistent with Parking Sistem App’s ownership of Parking Sistem App IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicensable, transferable or assignable.

 

Uptime

Parking Sistem App makes no guarantees with respect to the availability or uptime of the Parking Sistem App Site, Mobile App and the API, the Parking Sistem App Content or the Database. Parking Sistem App may conduct maintenance on any of the foregoing at any time with or without notice to you.

 

Termination of Usage

User access to all or part of this Site and Mobile App may be terminated or suspended at any time, without notice and for any reason.

 

Disclaimer and Liability Limit

The Site, the Site Content, the Mobile App, the API, the DataBase, and any other materials and products on this Site are provided “as is” and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site and Mobile App for any interruptions or errors in accessing our Site and Mobile App, or for any viruses or other harmful components contained on our Site, Mobile App or the server from which our Site, Mobile App is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

 

UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE AND MOBILE APP, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Parking Sistem App’s liability to you or anyone else in any circumstance is limited to the lesser of (a) Rs 100, and (b) the total INR amount of all parking booked via Parking Sistem App in the 1 month prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

 

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

 

Copyright Complaints

If you believe this Site or Mobile App contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Site or the Mobile App
  • Your address, telephone number and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf


To contact our Copyright Agent, please email hello@sistem.app

 

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of High Court of Bangalore, Karnataka, India, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the high court located in Bangalore, India

 

Modification

Parking Sistem App may at any time modify these Terms of Use and your continued use of this Site and Mobile App will be conditioned upon the terms and conditions in force at the time of your use.

Part II: Additional Terms and Conditions Specific to Buyers

Booked Parking Usage

Users who book parking through the Site or the Mobile App (“Buyers”) must present the Parking Sistem App parking pass in accordance with the instructions included with the booking to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Seller, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.

 

Buyers are responsible for ensuring they arrive at their booked parking location. Parking Sistem App is not liable for road closures or changing traffic conditions.

 

The parking booked is valid only for the times listed on the parking pass.

 

If a parking facility allows tailgating on its premises, it is the customer’s responsibility to comply and check any local city ordinance codes on what is permissible (e.g. no open flames, no cooking, etc.).

 

Resale of Parking Sistem App parking passes is not permitted.

 

Cancellations and Refunds

Parking booked through Parking Sistem App Mobile App or website is fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Parking customers can cancel their booking for any reason before this time. Cancellations must be submitted to the Parking Sistem App Mobile App, and are not accepted via phone or email. Parking booked via Parking Sistem App’s partner websites or the Mobile App is not refundable for any reason.

 

After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.

 

Event Cancellations and Contingent Events

Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.

 

After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.

 

Pricing and Lowest Price Guarantee

All parking prices on Parking Sistem App Sites or Mobile app are set directly by the parking owner, not Parking Sistem App.

 

Parking advertised on Parking Sistem App website or mobile app as “Lowest Price Guaranteed” is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as “Lowest Price Guaranteed” may differ from the drive-up rates, if available.

 

Part III: Additional Terms and Conditions Specific to Sellers

Order of Precedence

In the event that a Seller has entered into a separate written Seller Agreement with Parking Sistem App and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.

 

Seller Console

Subject to the terms and conditions of these Terms of Use, Parking Sistem App hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Seller Console and the information Parking Sistem App provides or makes available to you in connection therewith, solely for internal business purposes. You will not (and will not permit any third party to) make any use or disclosure of the Seller Console that is not expressly permitted under this Agreement. Without limiting the foregoing, you will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats or interface protocols of the Seller Console or of any files contained in or generated by the Seller Console; (ii) copy, modify, adapt or translate the Seller Console, (iii) resell, distribute or sublicense the Seller Console, make the Seller Console available on a “service bureau” basis, or otherwise allow any third party to use or access the Seller Console, (iv) remove or modify any proprietary marking or restrictive legends placed on the Seller Console; or (v) use the Seller Console in violation of any applicable law or regulation. As between Parking Sistem App and you, Parking Sistem App retains title to and ownership of the Seller Console, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Seller Console other than those expressly granted under this Agreement.

 

Fulfillment

By listing parking for booking on Parking Sistem App, the Seller agrees to honor any parking sold. All information provided in the Parking Sistem App listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, Parking Sistem App will hold the Seller liable to reimburse the Buyer for their expense.

 

Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your Parking Sistem App account. Parking Sistem App maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.

 

Payment

Parking Sistem App guarantees payment to the Seller for all bookings fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller’s request, and will be processed in no more than 30 business days.

 

Taxes

Seller assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by Parking Sistem App, and shall include any applicable taxes in the Base Price set by Seller in the Seller Console. Parking Sistem App shall have no obligation to collect or remit any tax amounts. Seller shall indemnify Parking Sistem App and hold Parking Sistem App harmless from and against all state and local taxes, except income/service taxes, imposed on Parking Sistem App that relate to transactions originated by Parking Sistem App.

 

Contact Information

The Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose.

 

Sellers must submit a phone number for each parking location they list on Parking Sistem App. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller’s expense if this number is not answered during the parking reservation period.

 

Making Adjustments

Sellers authorize us to withhold payment or charge their credit card account any amount owed to Parking Sistem App if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Parking Sistem App Guarantee; (c) we reasonably believe that a Seller has committed fraud or other illegal act or omission during any buying or selling activity; (d) Seller provides incorrect or misrepresented parking and/or parking related services for any booking or portion thereof.

 

Dispute Resolution

The Parking Sistem App Guarantee provides Buyers the protection and motivation to book their parking at Parking Sistem App site or mobile app. Thus, we require Parking Sistem App sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking as per the terms of the Parking Sistem App Guarantee. Sellers permit us to make a final decision, in our sole discretion, on any claim that a Buyer files with Parking Sistem App under the Parking Sistem App Guarantee. If we resolve a dispute in the Buyer’s favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any Parking Sistem App fees for the booking will be refunded to the Seller. A warning notice will also be sent to the Seller.

 

Grant of License

You grant Parking Sistem App a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site, the mobile app and on the sites of our partners and affiliated companies, any content you may provide to Parking Sistem App in connection with your use of Parking Sistem App and its Services. You agree that Parking Sistem App shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Parking Sistem App user) in connection with the content in conjunction with Parking Sistem App’s marketing, promotion and publicity efforts in any media known now or in the future.

 

Indemnity

You agree to indemnify and hold Parking Sistem App and (if applicable) any parent, subsidiaries, affiliates, officers, directors, lawyers, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable lawyers’s fees) incurred by Parking Sistem App; and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, lawyers and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.

 

Exceptions

The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at : hello@sistem.app