Terms and Conditions
Between the parties: PARQ LTD ('PARQ'), a company incorporated under the laws of England and Wales, with company registration number 12057020, and its Users, defined below, duly registered through the web or technological platform, agree to adhere to these terms and conditions governing the use of its technological platform (the 'System'). PARQ does not provide parking services as such, nor does it act as an operator or owner of parking facilities. These terms aim to define the rights, responsibilities, and limitations for all parties interacting with PARQ's services to ensure a smooth experience and consistent reliability.
1. Definitions
For clarity, the following terms are defined:
- Drivers: Vehicle drivers requiring parking space for personal or professional purposes. Drivers benefit from features such as easy access to facilities, transparent pricing, and real-time updates to enhance their experience.
- Operators: Operators and/or owners of parking facilities offering spaces to Drivers, managing bookings, payments, and general operations. Operators use PARQ tools to optimize utilization and revenue generation.
- Providers: Service providers such as car washing, mechanics, designated drivers, and other complementary services. Providers gain a platform to showcase and optimize their services for customers.
- System: The web and mobile application developed by PARQ to connect Drivers, Operators, and Providers. The System encompasses cutting-edge technology designed to facilitate integration and interactions among Users.
- Services: All functionalities and offerings provided through the System, including software features, connectivity solutions, and customer support options.
Collectively, all of the above will be referred to as the 'Users'.
2. Acceptance and Registration
2.1. Acceptance
By using the System, each User accepts the terms and conditions set forth herein, which constitute a binding agreement with PARQ. This agreement includes all future modifications that PARQ may implement to enhance its services and maintain compliance with evolving regulations. Users must discontinue use if they do not accept these terms. PARQ reserves the right to update these terms at its sole discretion, with a minimum notice period of 14 days provided via email or PARQ's website. Notifications will be sent at least 14 days before any changes to ensure Users have sufficient time to review and respond. Users are encouraged to periodically review these terms to stay informed about their rights and responsibilities.
2.2. Registration
To register, Users must complete the form provided through the System and provide accurate, truthful, and up-to-date information. Registration ensures that Users can access and fully utilize the System's functions. Any inaccuracy or falsified data may result in the suspension or termination of access. Users may appeal account suspension or termination by submitting a written request to PARQ within 14 days of notification, outlining the reasons for the appeal and providing any supporting evidence. Users are responsible for protecting their credentials and ensuring compliance with local regulations while using the System. To facilitate secure access, PARQ employs industry-standard encryption for credential management.
3. Service Description
PARQ operates a software-based System offered through web and mobile applications to connect Drivers, Operators, and Providers. The System facilitates the following:
- For Drivers: Parking space discovery, real-time availability updates, seamless reservations, and payment processing options to ensure convenience and reliability. Drivers receive detailed receipts and notifications to track their usage.
- For Operators: Tools to list spaces, efficiently collect fees, and comprehensive management capabilities, including reporting and analytics to optimize operations. Operators gain insights into parking trends and customer behavior.
- For Providers: A platform to showcase services, manage customer interactions, and optimize operations. Providers can integrate their schedules and payment systems with PARQ's platform for increased efficiency.
4. User Responsibilities
To ensure efficient operation of the System, Users are responsible for:
- Providing accurate and up-to-date information during registration and throughout the use of the System. Consistent accuracy enhances service reliability and helps maintain operational standards.
- Maintaining the confidentiality of their account credentials and promptly notifying PARQ about any unauthorized access. Users are encouraged to update passwords periodically.
- Complying with all local parking rules, regulations, and applicable laws. Users are reminded that non-compliance may result in penalties or restrictions from both local authorities and PARQ.
Users agree to use the System responsibly and understand that any misuse may result in account suspension or termination. Misuse includes, but is not limited to, fraudulent transactions, unauthorized data access, or attempts to manipulate System functionalities.
5. Fees, Payments, and Refund Policy
5.1. Parking Service Fees
Drivers will be charged a parking fee and a service fee (where applicable). These fees will be transparently displayed on the receipt before payment confirmation. Fees are set by Operators and may vary depending on location, demand, or other factors.
5.2. Payment Methods
All software services will be billed by PARQ LTD through Stripe, a trusted payment provider. Parking fees will be processed through locally registered gateways to comply with regional requirements. Multi-currency transactions are supported for software services, ensuring accessibility for international Users.
5.3. Taxes
VAT will be applied to UK customers as required by law. Users outside the UK will not be charged VAT unless required by local regulations. PARQ requests proof of residence or business location to determine VAT exemptions.
5.4. Refund Policy
Full refunds are offered for products and services if canceled within 30 days. Products must be returned in the same condition within 30 days of cancellation to receive a refund. Consumed services, such as internet or messaging services, are non-refundable. In case of service disruption, PARQ will apply a discount to the following month's invoice.
5.5. Additional Fees
Additional fees, such as convenience fees for certain payment methods or optional services like SMS reminders, will be clearly disclosed to Users before charges are applied.
6. Termination
6.1 Termination by Users
Users may terminate their account at any time. However, any outstanding obligations, such as unpaid fees or active reservations, must be settled before account closure. Users can delete their account from the 'Account Settings' section of their profile or by sending an email to support@parqtech.com
6.2. Termination by PARQ
PARQ may terminate User accounts if they breach these terms and conditions. Decisions may be appealed by submitting a written request to the support team.
6.3. Post-Termination Obligations
Upon termination, all User data will be deleted or anonymized. If a User is terminated for breach of these terms, they are prohibited from re-registering on the System.
7. Liability and Indemnification
PARQ LTD is not liable for:
- The physical conditions of parking facilities or vehicles, including damage or theft. Operators are solely responsible for maintaining the physical condition and security of their facilities.
- Damages resulting from third-party services offered through the System. Users interacting with third-party providers must resolve disputes directly with the corresponding party.
- System downtime, delays, or data breaches beyond PARQ's reasonable control. While every effort is made to ensure continuous uptime, occasional disruptions may occur due to unforeseen circumstances.
Users agree to indemnify and hold PARQ harmless against any claims, damages, or losses arising from misuse of the System or violation of these terms. This indemnification includes legal costs incurred by PARQ.
8. Division of Responsibilities
The UK entity oversees all operations, while local entities are responsible for compliance with local laws and management of day-to-day activities. Disputes will be managed by the involved entity, with oversight from the UK entity as needed.
9. Data Protection
PARQ's handling of User data complies with GDPR, UK data protection laws, and applicable international regulations. Users will be informed of any updates to these compliance measures or policies through email notifications or updates posted on PARQ's website.
9.1. User Rights
Rights include access, rectification, erasure, restriction of processing, objection to processing, and data portability. Users may exercise these rights by contacting PARQ.
9.2. Data Transfer
Personal data may be transferred and processed in countries outside the UK/EEA. PARQ ensures that such transfers comply with applicable legal frameworks, including Standard Contractual Clauses (SCCs) when necessary.
9.3. Security Measures
PARQ implements encryption, access controls, and breach notification protocols to protect personal data.
10. Intellectual Property
All intellectual property, including software, trademarks, and patents, is the exclusive property of PARQ LTD. Users are granted a limited, non-transferable license to use the System solely for the intended purposes, as described in these terms and conditions. Users are prohibited from replicating, modifying, or distributing PARQ's intellectual property without prior authorization.
11. Confidentiality
All information shared between PARQ and Users is confidential and may not be disclosed to third parties, except as necessary for service provision. Breaches of confidentiality may result in legal action.
12. Force Majeure
PARQ will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, or governmental actions. In such cases, PARQ will promptly notify Users about the situation and the measures taken to mitigate the impact on service delivery.
13. Notifications
All communications will be sent to Users via email to their registered addresses or from support@parqtech.com. Users are responsible for keeping their contact information up-to-date to receive timely notifications.
14. Accessibility and Fair Use
Users must use the System responsibly and without engaging in discriminatory, harassing, or other unfair practices. PARQ is committed to providing an accessible and inclusive platform for all Users, complying with Web Content Accessibility Guidelines (WCAG) and offering support in multiple languages where possible.
15. Service Level Agreement (SLA)
PARQ's parking software guarantees 99.5% uptime, excluding planned maintenance. Response times for critical issues will not exceed 4 hours during business hours. PARQ provides a dedicated support team to handle escalated concerns and ensure prompt resolution.
16. Applicable Law and Dispute Resolution
These terms are governed by the laws of England and Wales. For users outside England and Wales, jurisdictional conflicts will be handled according to applicable international legal frameworks, with England and Wales as the default jurisdiction unless local laws provide otherwise.
- Disputes should be resolved amicably with the involved local entity, with support from the UK entity.
- If amicable resolution is not possible, disputes will be escalated to UK courts for final determination.