Terms Of Use

TERMS ACCEPTANCE

Thank you for visiting the PickPayPark. ("PickPayPark," "we," "us," or "our") website at PickPayPark.com (the "Site"). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS"). If you do not agree to these terms, please do not use the Services.

Services: Unless expressly stated otherwise, the services provided by PickPayPark (the “Marketing Services”) are limited to informing users of the location and potential availability of certain parking spaces (“Parking Spaces”) and facilitating Reservations by displaying Parking Spaces, processing Reservations and collecting fees on behalf of Space Owners (as defined below). Any fees and/or consideration paid to PickPayPark is paid to PickPayPark in connection with these Marketing Services unless otherwise indicated. To be clear, PickPayPark does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Marketing Services (collectively, "Excluded Services"). The Excluded Services are provided by Space Owners who are neither our agents nor acting in our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spaces or any facility where the Parking Spaces are located found through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Space, if a booked Parking Space is unavailable at your time of reservation, we will attempt to locate an alternative Parking Space, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures. 

By entering into this agreement you also agree to our Privacy Policy

PARTICIPATION

Registration: To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with PickPayPark ("Account"). You represent and warrant that all information provided by you to PickPayPark is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security: As a registered user of the Services, you may receive or establish a username and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify PickPayPark immediately if you become aware of any unauthorized use of your account(s).

Privacy: PickPayPark respects the privacy of the users. The Privacy Policy provided via the Site, and which may be found at Privacy Policy, is expressly incorporated herein by reference and made a part of these Terms.

User Generated Content: PickPayPark does not pre-screen or regularly review all contributed content. However, PickPayPark has the absolute right (though not the obligation) to remove, without notice, any content posted.

YOUR RESPONSIBILITIES AS USER OF THE SITE

You agree that your use of the site is at your own risk.

You agree that you will not create any false account, or use your account for any illegal purpose, including but not limited to fraudulent bookings, fraudulent listings, and/or money laundering.

You may not use the site to upload any content via any means that is inaccurate, illegal, fraudulent, misleading or offensive.

Using or attempting to use the site to promote any commercial goods or services is prohibited.

You agree that we can communicate with you via any means made available to us, including email, phone, text and social media platforms.

YOUR RESPONSIBILITIES AS PARKING SPACE OWNER

You are in possession of a parking space, and have listed said space on the Site. You must ensure that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Driver under the booking. 

You represent and warrant that you own the Parking Space or that you are authorised to allow third parties to use the Parking Space and, where necessary, you have permission from the related authorities.

You represent and warrant that you have all necessary regulatory and planning approvals to use the Parking Space and that the approval/license to use the Parking Space will comply with all applicable laws, Tax requirements, rules and regulations that may apply to the Parking Space, including but not limited to municipal laws and laws governing rental of or licenses to use residential and other properties.

You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on the Website. If you do not have the necessary approvals, you agree to indemnify and hold harmless PickPayPark for any loss we may suffer as a result of your breach of the representation and warranty.

You will be required to complete your own listing for the Website. In your listing you agree to provide all relevant information about the Parking Space including(the address of the Parking Space, any restrictions on the types of vehicles for which the Parking Space is suitable, any other information or restrictions which apply to the Parking Space which a Driver should be aware of before booking the Parking Space).

You agree to PickPayPark.com publishing your advert details on our website, and providing information to potential tenants who may wish to rent your parking space

You confirm that you have the legal right to rent out the parking space, either through ownership or express permission from the owner to do so.

You agree to inform us immediately if you receive contact from any authority in connection with use of the parking space. We reserve the right to terminate any ongoing agreement, and/or remove the space from the site if deemed appropriate or necessary.

You will ensure that the listing description of your space is accurate.

You confirm that the parking space is suitable for purpose.

You confirm that any photographs used in the advert either belong to you, or you have been express permission by the owner to use them to advertise your parking space. PickPayPark.com does not hold responsibility for any breach of copyright.

You are required to provide us with any information reasonably requested by us with regards to you or your parking space.

You agree to allow us to promote your parking space, with a view to renting it out on your behalf, in accordance with the terms set out here and in the Parking Space Rental Agreement.

You agree to allow us to rent out your parking space, once you have confirmed availability of said space, and to set up a rental on your behalf.

You agree to allow us to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space does not conform to the information you have provided or our standards.

You agree not to propose any changes once your space has been let without contacting us. Once your space has been let, the tenant is under no obligation to accept any proposed changes..

You must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time and we may also ask you to clarify any information you have provided. This may include, but is not limited to, photographic identification including a driving license or any contracts relating to the rent or ownership of property.

You agree to provide your parking space in accordance with the description as supplied in the website.

You agree to respond to all queries from us, or any tenant, relating to you or your parking space in a courteous and timely manner.

You agree to keep your contact information updated at all times. We will not be held responsible if you do not receive messages from us, or a potential tenant for your space.

Your responsibility to verify the Parker/Driver booking details before they park the car in your parking space.

Your responsibility to check the Parker/Driver vehicle before they use your parking space.

You are responsible for any insurance that may be required with regards to the rental of your parking space.

You agree to abide by the cancellation policy as stated on our website (the "Cancellation Policy") which may be updated from time to time.

You agree that if a Parker/Driver wishes to cancel a booking they may do so through us and our Website and we will act as your agent in dealing with any cancellation. If we are required to process a cancellation we will do so in accordance with the Cancellation Policy.

YOUR OBLIGATIONS AS SPACE OWNER

You must Honour all bookings with Drivers

You must agree not to attempt to contact a Parker directly until a Booking has been confirmed, or we grant you permission to do so.

You must provide your Parking Space in accordance with the details and information set out in your Website listing

You must ensure that all information about you and your Parking Space that you provide to us for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a Driver.

You must deal with all Drivers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation

You must deal with all queries from Drivers relating to a Parking Space or booking in a prompt and satisfactory manner

YOUR RESPONSIBILITIES AS TENANT(PARKER/DRIVER)

You agree that the Website is a platform for advertising Parking Spaces owned by Space Owners and we have no responsibility for the Parking Space other than to provide the Services under this agreement which includes administering and confirming Bookings and collecting payment on behalf of the Owner.

Whilst we endeavor to ensure the Parking Spaces advertised on the Website are of a satisfactory quality we offer no warranty as to a Parking Space's suitability for your requirements. Similarly, we will have relied on the Owner for details about a Parking Space given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details

You must only use the Parking Space at the times specified in the booking confirmation. If you use the Parking Space at any earlier or later time you may be liable to the Space Owner and you agree to pay the overstay parking charges in the event of an overstay.

You agree not to attempt to contact a parking space owner until a Booking has been confirmed, or we grant you permission to do so.

Upon arrival at the parking space at the commencement of the rental period, you should inspect the parking space and ensure that it is suitable for your requirements. If this is not the case, you may request to terminate the rental and be provided with a full refund.

You agree not to utilise the parking space for any unauthorised use.

You agree not to obstruct other parking spaces or property when parking.

You agree to notify us immediately if any damage occurs to the parking space.

You agree not to conduct any commercial activity from the parking space.

You agree to maintain the parking space in good order, and leave it in the same condition as it was found.

We make great efforts to ensure that Space Owners offer a good service and provide their Parking Space in accordance with your expectations but we accept no responsibility and will have no liability to you if the Parking Space or the services of the Space Owner generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances will be against the Space Owner but we may assist (at our discretion) in seeking to resolve a dispute between you(Parker/Driver) and the Space Owner 

You agree to adhere to an Space Owner’s request to terminate the rental of their parking space.

You agree that if you have any dispute with an Owner concerning them or their Parking Space during the License Period you will attempt to resolve it in the first instance by directly communicating with the Owner.

In the event that a dispute cannot be resolved with the Space Owner directly, you may refer the dispute to us or make a complaint. Similarly, an Owner may refer a dispute to us. We will seek to resolve the dispute and we may require that you make a further payment to the Space Owner or we may require that the Space Owner refund payments it has received in relation to the relevant booking to you.

You agree to abide by the cancellation policy.

You agree to vacate the parking space on the Rental Termination Date specified, and return any entry devices, permits or other items to the owner by this date.

You are not allowed to dispose of any items or drop litter in the parking site. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the parking site.

You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the parking site. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the parking site.

Smoking is forbidden within both the parking site and the immediate vicinity of the parking site.

Anti-social behaviour will not be accepted in the parking sites. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Parking sites are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others then action may be taken against them.

Security of your vehicle - Please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.

Possessions - Any possessions left in a vehicle are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.

YOUR OBLIGATIONS AS PARKER

You must not attempt to contact a Space Owner directly until a Booking has been confirmed;

You must provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid

You must maintain insurance on the vehicle as required by applicable law

You must not use the Website in any way which may detrimentally affect the reputation of PickPayPark or the use and enjoyment of the Website or our Services by any other users or third parties.

You agree that you will not create any false account with PickPayPark or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.

You must have a valid driving license, vehicle registration and insurance.

DISPUTE RESOLUTION

The PickPayPark Guarantee provides Parker/Driver the protection and motivation to book their parking at PickPayPark.com. Thus, we require Space Owners to comply with our resolution process in case a Parker/Driver files a claim that they did not receive parking as per the terms of the PickPayPark Guarantee. Space Owner permit us to make a final decision, in our sole discretion, on any claim that a Parker/Driver files with PickPayPark under the PickPayPark Guarantee. If we resolve a dispute in the Parker’s favor, we will refund the Parker for the cost of the parking.

OUR PROMISE

We reserve the right to suspend or restrict access to the site for the allowance of repairs, maintenance or the implementation of new features or services. In this event, we will make every effort to restore access to the site as quickly as reasonably possible.

TAXES

Space Owner assumes sole responsibility for filing and paying all relevant taxes on transactions originated by PickPayPark. PickPayPark shall have no obligation to collect or remit any tax amounts. Space Owner shall indemnify PickPayPark and hold PickPayPark harmless from and against all taxes. 

YOUR DATA

Your information will never be sold or rented to third parties for any purpose.

Your data will be used in accordance with our Privacy Policy.

DISCLAIMER, RELEASE & LIMITATION OF LIABILITY

WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE PICKPAYPARK OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. PICKPAYPARK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. PICKPAYPARK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

GENERAL DISCLAIMERS: PICKPAYPARK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

LIMITATION OF LIABILITY: PICKPAYPARK, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF PICKPAYPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Indemnity: You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Space Owner Terms and Conditions; or (iv) your violation of any third party right.

Release: You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.

Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.

Receiving E-mail: We may, from time to time, send you e-mail about your User Account, orders or pricing changes. We may also send you e-mail with general information or special offers about products and services that may be of interest to you. In most cases, we will give you an opportunity to accept or decline the receipt of promotional e-mail.

Termination: We reserve the right to suspend or terminate your use of the Marketing Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use PickPayPark services in a fraudulent manner.

TRADEMARK INFORMATION

You agree that all of PickPayPark trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "PickPayPark") that are displayed via the Services (collectively, the "Marks") are trademarks and the property of PickPayPark. You agree not to display or use PickPayPark’s Marks in any manner without PickPayPark’s prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that PickPayPark has any relationship with that third party or that such third party endorses the Services or PickPayPark.

RESTRICTED ACCESS

We have restricted access to certain areas of our website. We reserve the right to restrict access to other areas of our website, or our whole website at our circumspection.

If we find any data outflow then we will immediately disable your user ID and password without prior notice or explanation.

COPYING

Any form of copying, duplication or reproduction of the site for any commercial purpose is not allowed.

You may not utilise any form of data mining, gathering or extraction tools on the site to extract data for any purpose, including but not limited to, reproduction of any part of the site.

If you would like to discuss the Terms & Conditions set out above in further detail, you are welcome to contact us on info@pickpaypark.com.

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