Parkable Terms of Service

 

Introduction

  1. Parkable (hereinafter referred to as "Parkable", "we", "us" or "our") operates a platform and community marketplace that helps people create, list, host, discover, book and use private carparks around the world, whether through our website or our mobile applications (“Platform”). Parkable refers to Parkable Limited (a New Zealand Registered Business).

  2. The Platform is operated by Parkable Limited and membership is open to any individual who chooses to register with the site.

  3. These terms will apply to anyone who views or uses the Platform ("you").

  4. Whether you register or not you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our Privacy policy which explains the use we are authorised to make of your personal information.

  5. These Terms and Conditions relate to your passive use of the Platform, if you wish to book a parking space through the Platform you will also need to enter into a Parking Space License Agreement with the parking space Host (for whom we act as an Agent) and you will be bound by our Parker Agreement.

  6. If you are a private parking space host and you wish to rent your parking space with us you will be bound by our Parking Space Host agreement.

  7. Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.

Registration

  1. Registration with the Site is currently free, however in order to become a registered user you will have to provide some basic personal information.

  2. You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.

  3. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.

  4. You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.

  5. You may terminate your account at any time via the Platform.

  6. We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.

Use and Abuse of the Site

  1. You agree that any information you supply will be true and accurate.

  2. You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.

  3. We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.

  4. We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.

  5. In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

Advertising and Commercial Use

  1. Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.

  2. You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.

  3. In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

Our Liability

  1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.

  2. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

  3. Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.

  4. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

  5. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.

  6. We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.

Communication

  1. We request that all information provided to us is accurate, current and complete.

  2. All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

  3. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

Other Sites and Linking

  1. The Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.

  2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  3. You must not establish a link from any website that is not owned by you.

  4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Intellectual Property

  1. The format and content of this Site is protected by New Zealand and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.

  2. By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.

  3. We do not screen user-generated content (including content relating to available parking spaces) or information on the Platform and we cannot give any assurance as to its accuracy or completeness. Users of this Platform are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

  4. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.

Referral Programme

From time to time we may offer a referral service to attract registered users to the Platform.

To be eligible for the Referral Reward Programme:

  1. you must have an active User account on Parkable;

  2. you may not refer yourself for the Referral Program;

  3. the Referred User should not already have a User account (active or inactive) on Parkable;

  4. the Referred User should sign up for a User account using the activation link of the Referral Invitation;

  5. you won't receive rewards if you're the Parker or property owner on a booking with a person you refer. Additionally, if both a Parker and property owner are referred by you, you won’t receive rewards if they book with one another.

  6. your rewards will be released approximately two weeks after the qualifying parking space parking session is completed.

  7. we reserve the right to close customers’ accounts of Referring or Referred Customers, if these have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these terms of applicable laws

  8. we reserve the right to terminate the Programme or change the terms at its own discretion at any time

  9. fraud or abuse relating to the accrual of rewards in the Programme may result in forfeiture of accrued rewards as well as cancellation of a User's Account and any Parkable Customer Account.

  10. our failure to enforce a particular Term or Condition does not constitute a waiver of that Term or Condition by us.

  11. all questions or disputes regarding eligibility for the Programme or the eligibility of rewards for accrual will be resolved by Parkable in its sole discretion

  12. The Programme and any use of The Website are subject to the ‘terms and conditions’ of The Website and the privacy policy terms, as described on the Website

General

  1. For users domiciled in New Zealand, these terms and conditions are governed by the laws of New Zealand and are made between Parkable Ltd (trading as Parkable) and you.

  2. For users domiciled outside New Zealand, these terms and conditions are governed by the laws of New Zealand without reference to its principles of conflicts of laws and are made between Parkable Limited and you.

  3. If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

  4. We may make changes to the format of the Platform, services provided or to the Platform’s content at any time without notice.

Further questions

If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at admin@parkable.co.nz

Parkable Limited - Parking Space License Agreement

  1. This Agreement

    1. This agreement is between the Parker ("Parker") who has booked a parking space through parkable.co.nz, and, or, our mobile applications and software ("Parkable" or “Platform”) and the owner or operator ("Host") of the parking space ("the Parking Space") which has been licensed. Each of the parties and details of the Parking Space and the proposed license period ("License Period") are as set out in the parking space listing on the Platform and accepted on confirmation of the booking.

    2. The Host represents and warrants that it is the owner of the Private Parking Space or the person who is duly authorized to arrange licensing of the Parking Space. If you, the Host are a tenant of the property which contains the private parking space it is your responsibility to ensure you have the property owner's consent to list the park on Parkable. Note that no public parking spaces are permitted to be listed on Parkable. This agreement details the terms and conditions which apply between the Parker and the Host relating to the Parker's license of the Parking Space.

    3. The Parker agrees that they are responsible for ensuring that any person they allow to drive the vehicle to the Parking Space complies with these terms and the Host similarly agrees that they are responsible for ensuring that any person who assists them with managing a booking or is responsible for or authorized to manage the Parking Space or a booking complies with the terms of this Agreement.

    4. Parkable is the Host's agent for the purpose of this Agreement but is not the Host. This Agreement is between the Parker and the Host (for details of the terms which apply between the Parker and Parkable, please see the Parker agreement or for the terms which apply between the Host and Parkable, please see the Parking Space Host Agreement). Parkable is an intended third party beneficiary of this Agreement but it shall have no obligations to the Parker or the Host under this Agreement.

    5. The Host grants a license to the Parker to use and occupy the Parking Space during the License Period as set out in the Confirmation Email. The Parker is not a tenant of the Host and has not been granted exclusive possession of the Parking Space.

  2. Booking and Payment

    1. The Parker and the Host agree with each other to make all bookings for the Parking Space through Parkable and acknowledge that Parkable will handle the booking and payment process on the Host's behalf.

    2. All bookings and payments will be made in accordance with the ‘Parker Agreement’ and ‘Parking Space Host Agreement’ and the Parker acknowledges that all payments made to Parkable are received by Parkable as agent for the Host.

    3. Payment

The Host accepts that payment of the fees for the license to Parkable represents a full discharge of the Parker's payment obligations for that booking.

  1. Cancellation

    1. All bookings are made subject to the cancellation policy as set out on the Platform ("the Cancellation Policy") and the Parker and the Host each agree to comply with the terms of the Cancellation Policy and authorize Parkable to administer the Cancellation Policy, if necessary, by making refunds.

    2. The Parker must cancel their booking by logging on to Parkable and processing the cancellation via the Platform. Notice of cancellation will be deemed to be received at the point the Parker issues a cancellation request for their booking. Parkable is not responsible for any transmission failures.

    3. If the Parker fails to cancel the booking using the Parkable cancellation procedure the Parker will be liable for the full amount of the fees payable to the Host and will not receive any refund whatsoever.

    4. In the event that there are exceptional circumstances beyond the reasonable control of the Parker and the Parker accordingly no longer requires the Parking Space, the Parker may request an exceptional cancellation and may receive a refund other than in accordance with the Cancellation Policy. The Parker must inform Parkable of the exceptional circumstances before the License Period is due to start. The Parker and the Host agree that whether or not a cancellation is due to exceptional circumstances and whether a refund is due will be at the sole discretion of Parkable who will decide on the amount of the refund (if any) and each party agrees that the decision of Parkable will be binding.

    5. The Host agrees to honour all bookings.

    6. If the Host needs to cancel the Parker's booking due to exceptional circumstances beyond the Host's reasonable control, the Host agrees to inform Parkable. The parties agree that Parkable will be instructed to contact the Parker with proposals for suitable alternative parking space to be provided by another registered Parkable Host. Parkable makes guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Host or the Parker to honour the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this Agreement.

    7. The Host agrees that if they need to cancel a Parker's booking and the circumstances are not exceptional or not beyond the Host's reasonable control the Parker will be entitled to a full refund (if a suitable alternative cannot be arranged by Parkable) and the Host also agrees to discharge any additional cost which is payable by the Parker for suitable alternative parking arrangements (up to a maximum of $50 per day if the Parking Space is in the New Zealand or $75 (USD) per day if the Parking Space is outside New Zealand).

    8. The Parker and the Host agree that whether or not an Host cancellation is due to exceptional circumstances beyond the Host's reasonable control and whether the Host is responsible for the Parker's additional costs will be determined at the sole discretion of Parkable who will decide on the amount of the compensation (if any) and each party agrees that the decision of Parkable will be binding.

 

  1. End of License Period

 

The Parker must vacate the Parking Space and cease using the Parking Space by the end of listed availability period.

The exact departure time from the Parking Space will be as notified by the Parker and accepted by the Host (both via the platform).

 

Overstays

  1. The Parker will be liable to pay the full price for any additional time stayed. The Parker will be liable to pay:

    • Up to 2 times the hourly rate for every additional hour stayed until this rate exceeds the cost of the daily rate. After this point the Parker will be charged at two times the daily rate. Any minutes under 1 hour will be charged as 1 hour.

    • An additional $10 penalty charge

    • any additional costs incurred by the Host (including any towing or relocation fees) as a result of the overstay up to a maximum of $250 (NZD).

  • The Host agrees to notify Parkable of any overstay via the Platform.

  • The Parker agrees to notify Parkable of any overstay via the Platform.

  • The Host shall authorize Parkable to collect payment of any such additional fees from the Parker on behalf of the Host.

  • If the Parker overstays by more than 2 hours then the Host reserves the right to instruct a third party to remove the Parker's vehicle(s) from the Parking Space (and the Parker will be charged for the costs of any such action).

  • Parkable has full discretion about whether any fees or fines will be applied for overstays and Parkable's decision will be final.

Parker obligations

  1. The Parker has primary responsibility for their own safety and the safety of their vehicle during the License Period. The Host is not responsible for ensuring the safety of the Parker or the vehicle.

  2. The Parker may not allow any person other than the Parker(s) named in the Confirmation Email and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period. This agreement is personal to the Parker and the Host and may not be transferred to any other person. If anyone other than the Parker named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period the Host may refuse access to that individual and their vehicle (even if they have the authority of the Parker).

  3. The Parker represents, warrants and agrees that they will:

    1. keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;

    2. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;

    3. notify the Host or Parkable of any damage to the Parking Space during the License Period as soon as it occurs;

    4. not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to the owner or occupier of neighbouring property;

    5. not conduct any illegal or immoral activity from the Parking Space;

    6. not conduct any business or commercial activity whatsoever from the Parking Space;

    7. not use the Parking Space for any purpose other than for parking;

    8. maintain insurance on the vehicle as required by applicable law;

    9. indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the Parker's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Host; and

    10. act with courtesy towards the Host.

  4. The Parker acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached.

Host obligations

  1. Although the Parker has primary responsibility for their own safety and the safety of their vehicle during the License Period and the Host is not responsible for ensuring the safety of the Parker or the vehicle the Host will not deliberately do or omit to do anything which will or is likely to put the Parker's vehicle or persons at risk.

  2. The Host shall ensure that the Parking Space is properly and fully described in the Parkable listing under details / Instructions, and in particular if the Parking Space is not suitable for certain types of vehicle or if there are any access restrictions this will be specified.

  3. The Host will ensure that the Parking Space is available for the duration of the License Period and will not obstruct the Parker or prevent the Parker from parking in the Parking Space. The Host will not allow any person other than the Parker and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period.

  4. The Host represents, warrants, and agrees that:

    1. the Parking Space listing in on private property over which the host has legal control;

    2.  the Parking Space listing is true complete and accurate;

    3. they will respond promptly to any enquiries via the platform that help to direct the Parker to the Parking Space;

    4. they will ensure that the Parking Space may be accessed easily by the Parker and is not obstructed at the start of or during the License Period;

    5. they will ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the License Period;

    6. they will indemnify and hold harmless the Parker against all loss, liability, damages, costs and expenses arising from the Host's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Parker; and

    7. they will act with courtesy towards the Parker and assist and cooperate with the Parker in relation to locating the Parking Space.

Complaints, Claims and Liability

  1. Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the License Period each party will attempt to resolve such dispute in the first instance by directly communicating with the other. Any agreement reached between the parties may be communicated to by Parkable and Parkable is authorized to collect payments from either party (where possible) to give effect to such agreement.

  2. In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to Parkable or make a complaint about the other. Both parties authorize Parkable to deal with the dispute or complaint as it sees fit and agree to abide by any decisions they may make in such circumstances, including requiring refunds to be made or compensation to be paid (up to a maximum of $250 (NZD) if the Parking Space is in the New Zealand or $325 (USD) if the Parking Space is outside the New Zealand).

  3. Clauses 8.1 or 8.2 are without prejudice to either party's rights to bring or settle any claim against the other.

  4. Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this agreement, the Parking Space or the License Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.

  5. The Host's liability for all losses (with the exception of wilful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed License Period or the amount of the Parking Space fees and charges paid by the Parker plus $500 (NZD) if the Parking Space is in the New Zealand or $350 (USD) if the Parking Space is outside the New Zealand, whichever is the higher amount.

  6. The Parker's liability for all losses (with the exception of wilful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Parker plus $500 (NZD) if the Parking Space is in the New Zealand or $350 (USD) if the Parking Space is outside the New Zealand.

General release

  1. Host and Parker each hereby fully and forever release Parkable and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the "Parkable Parties"), and hereby fully and forever discharge and agree to hold the Parkable Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Host or Parker on the one hand and the Parkable Parties, or any of them, on the other hand in connection with this agreement.

  2. If you are domiciled in the New Zealand the liability excluded under clause 14.1 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

 

General

  1. Each party agrees that they have the power and authority to enter into this agreement.

  2. Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by Parkable as agent for the Host as set out in this Agreement, the Parker Agreement and the Parking Space Host Agreement).

  3. Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.

  4. Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.

  5. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

  6. If the Parking Space is located in the New Zealand, these terms will be interpreted in accordance with the laws of New Zealand.

  7. If the Parking Space is located outside the New Zealand, these terms will be interpreted in accordance with the laws of State in which the Parking Space is located, without regard to its conflict-of-law provisions and both parties agree to submit to the personal jurisdiction of a state court located in the county in which the Parking Space is located or the closest United States District Court to the Parking Space.

  8. If either party breaches these terms and conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach.

Parkable Limited - Parker Agreement

  1. These Terms

    1. These terms and conditions apply to all services ("Services") provided or arranged by Parkable ("us", "we" or "Parkable") to or for you, the recipient of the Services ("Parker" or "you").

    2. These terms and conditions will apply at any time when you use this Platform or Mobile app ("Platform") and by continuing to use the Platform or the Services you accept these terms and conditions ("Terms") and they will apply to the agreement between you and us (the "Agreement").

    3. These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Platform and the terms and conditions on the Platform at the time you enter into a booking for a parking space will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Platform or Services you will be deemed to have accepted the new terms.

    4. Please note that these terms apply only to the provision of Services directly by us to you namely the service we offer allowing you to book parking spaces from our registered parking space Hosts ("Hosts"). These terms do not apply to the use of any parking space ("Parking Space"). The granting of licenses to use Parking Spaces by Hosts is dealt with under the terms of a Parking Space License Agreement with the Host (please see paragraph 6).

    5. This Agreement is with you, the person using the Services and you will be responsible for ensuring that any person (an "Authorized Person") you allow to use a Parking Space in respect of which you have been granted a license complies with the terms of this Agreement and the Parking Space License Agreement. You agree that you are responsible for the conduct of any such Authorized Person.

    6. The Parking Space License Agreement and any additional restrictions included in an Host's listing are a contract between you and the Host. We are not a party to that agreement and we will not be liable to you, the Host or any third party for any breach of the Parking Space License Agreement or otherwise in relation to the Parking Space. We are not a real estate broker, agent or insurer. We have no control over the conduct of Parkers or Parking Space Hosts and disclaim all liability in this regard to the fullest extent permissible by law.

  2. Registration

    1. Registration is not necessary to be able to access the Platform but you will not be able to book a Parking Space through us if you have not registered and do not have an account with us ("Account").

    2. To register or make a booking we will require that you provide us with your name, address, date of birth, car registration number, car make, model and color and a valid email address. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to our data privacy obligations which are set out in our privacy policy ("Privacy Policy"). The Privacy Policy forms part of this Agreement.

    3. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Platform. As part of the functionality of the Platform, and Services, you may link your Parkable Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Parkable through the Platform, Services or Application; or (ii) allowing Parkable to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Parkable and/or grant Parkable access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Parkable to pay any fees or making Parkable subject to any usage limitations imposed by such third-party service providers. By granting Parkable access to any Third-Party Accounts, you understand that Parkable will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform, via your Parkable Account and Parkable profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Parkable Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Parkable Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Parkable’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Parkable Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Parkable makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Parkable is not responsible for any SNS Content.

    4. You will be asked to create a password when registering an Account. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Platform or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion.

    5. You must supply a valid email address when registering so that we can email booking confirmations and other information relating to your use of our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.

    6. We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space License Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Platform.

  3. Enquiries, Bookings and Payment

    1. General

      1. If you wish to use a Parking Space advertised on the Platform you will be able to commence your parking session for that park for up to ½ an hour before you arrive. Should you choose to reserve a park in this manner via the Platform, You are governed by these terms and conditions and the Parking Space Licence Agreement, irrespective of if you had physically arrived at the Parking Space and commenced parking. 

      2. Please note that the agreement relating to the use of the Parking Space is between you and the Host and will be governed by the Parking Space License Agreement, a copy of which is available here. You should read the Parking Space License Agreement carefully. We act as the Host's agent for the purposes of forming binding agreements between you and the Host but have no liability to you in relation to the Parking Space or the license other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Parkers or Parking Space Hosts and disclaim all liability in this regard to the fullest extent permissible by law.

    2. Instant Bookings & Future Bookings

      1. If a Parking Space can be booked through Instant Bookings you will be able to see its availability against its listing. Future bookings may be made available from time to time via the Platform. If future dates and times you require are available you may select the required dates and times. If you have not already registered with us, you will be asked to do so at this point.

      2. Once you have selected the required dates and times we will request Account details form you. We will also ask you to confirm that you accept the terms of the Parking Space License Agreement.

      3. Once we have your Account details and you have accepted the terms of the Parking Space License Agreement your booking will be confirmed and you will have entered a binding agreement with the Host for the use of their Parking Space. We will send you a booking via the Platform.

    3. Payment in Full

      1. For short and medium-term use when we request payment from you we will generally request the full amount due in respect of your Parking Session, irrespective of the details provided at time of Booking.

  4. Parking Spaces

    1. You agree that the Platform is a platform for advertising Parking Spaces owned or controlled by Hosts 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 Host.

    2. Whilst we endeavor to ensure the Parking Spaces advertised on the Platform 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 Host for details about a Parking Space given on the Platform and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.

  5. Hosts Responsibility

    1. We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Host during the License Period. We act as agent for the Host and by making a Booking you are entering an agreement with the Host under which the Host is bound to provide you with the Parking Space, subject always to the Parking Space License Agreement.

    2. Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Parking Space, your License Period or your Booking and all responsibility lies with the Host.

    3. We make great efforts to ensure that our Hosts 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 Host 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 Host but we may assist (at our discretion) in seeking to resolve a dispute between you and the Host in accordance with clause 7.

  6. The License

    1. You must only use the Parking Space at the times agreed under the Parking Space Lice Agreement. If you use the Parking Space at any earlier or later time you may be liable to the Host under the Parking Space License Agreement and your vehicle may be towed. The Parking Space License Agreement contains fixed costs which are payable by you in the event of an overstay.

    2. You must use the vehicle the details of which have been notified to us. If you use a different vehicle you may be unable to park. If you wish to change the vehicle you are parking, you may amend your vehicle details via the Platform.

    3. During your License Period, if you have any concerns or queries about the Parking Space you must contact the Host via the Platform or (in certain circumstances) using the details we provide.

    4. Upon arrival at the Parking Space at the start of your License Period, you should inspect the Parking Space and ensure you are satisfied that it meets the description on the Platform. If you are not so satisfied you must contact the Host immediately via the Platform. Where possible, any dispute between you and the Host relating to the Parking Space should be dealt with at the start of the License Period and without our involvement so that you may still fulfill your Booking. Where this does not prove possible, you agree that Parkable may mediate (at its discretion) and in such circumstances clause 7 will apply.

  7. Complaints and Disputes

    1. You agree that if you have any dispute with an Host 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 Host.

    2. In the event that a dispute cannot be resolved with the Host directly, you may refer the dispute to us or make a complaint. Similarly, an Host 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 Host or we may require that the Host refund payments it has received in relation to the relevant booking to you.

    3. In the event that we determine that an Host should make a refund or other payment to you and if we are holding funds on behalf of the Host we may make the refund on the Host's behalf (but we are not under an obligation to do so). You must raise any dispute with us as soon as possible. If the Host has collected payment directly or if we have passed on your payment to an Host then you are responsible for recovery from the Host.

    4. In the event that we determine that you should pay an additional amount to an Host (eg. if there is an overstay) then you authorize us to deduct payment from the debit or credit card details you have supplied (up to a maximum of $500 (NZD) per claim or dispute if you are domiciled in New Zealand or $325 (USD) per claim or dispute if you are domiciled outside of New Zealand).

  8. Cancellation and Termination

    1. You agree to abide by the cancellation policy included in the Parking Space License Agreement ("Cancellation Policy").

    2. Furthermore, you agree that if a Host wishes to cancel a Booking they may do so through us and our Platform. If we are required to process a cancellation, we will do in accordance with the Cancellation Policy.

  9. Your obligations

    1. You must:

      1. agree to observe and act in accordance with each Parking Space License Agreement;

      2. not use the Parking Space or deal with the Host in any way which could be deemed to be harmful to the business or reputation of Parkable or do anything which might adversely affect our relationship with a Host;

      3. not attempt to contact a Host directly other than as directed in these Terms and Conditions or via the Platform;

      4. not attempt to book or use any Parking Space advertised on our Platform other than in accordance with these Terms and conditons or with our consent;

      5. 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;

      6. not use the Platform in any way which may detrimentally affect the reputation of Parkable or the use and enjoyment of the Platform or our Services by any other users or third parties;

      7. maintain insurance on the vehicle as required by applicable law; and

      8. where applicable, only provide us with credit or debit card details for which you are the sole account holder, or which your are authorized to do so by the card issuer.

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

    3. You warrant that:

      1. you have the power and authority to enter into this Agreement and any agreement with an Host for the use of a Parking Space; and

      2. you have a valid driving license, vehicle registration and insurance;

  10. Termination and suspension

    1. We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us we may suspend your access to the Platform or the Services if we believe you to be in breach of this Agreement.

    2. If we suspend your Account or access to the Platform for any reason, we may refuse to provide you with any Services including the right to make any further Bookings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.

    3. We may terminate this Agreement and your Account at any time if:

      1. you are in breach of any term of this Agreement;

      2. we suspect that you are about to commit a breach of this Agreement;

      3. you become or we suspect that you are about to become insolvent.

    4. Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.

    5. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).

  11. Insurance

    1. We may in the future provide or arrange to provide insurance in respect of your use of a Parking Space. Other than any such insurance that we may provide or arrange to provide, you will be entirely responsible for any and all insurance that you may require for the purposes of using a Parking Space.

    2. You will need to maintain insurance on your vehicle, with a minimum level of third party liability cover of $2,000,000

  12. Non-solicitation

    1. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkable or any Parker or other Host through any communication including written and oral communication made by yourself or a third party to transact outside of the Platform.

  13. Disclaimers

    1. If you choose to use the Platform and Services, you do so at your sole risk. You acknowledge and agree that Parkable does not have an obligation to conduct background checks on any Parking Space Host. The Platform and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Parkable explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Parkable makes no warranty that the Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Parkable makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Platform or Services.

    2. No advice or information, whether oral or written, obtained from Parkable or through the Platform or Services will create any warranty not expressly made herein.

    3. You are solely responsible for all of your communications and interactions with other users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services, including, but not limited to, any Parking Space Hosts. You understand that Parkable does not make any attempt to verify the statements of users of the Platform or Services or to review or visit any Parking Spaces. Parkable makes no representations or warranties as to the conduct of users of the Platform or Services or their compatibility with any current or future users of the Platform, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services, including, but not limited to, Parking Space Hosts, particularly if you decide to meet in person.

  14. Your liability and indemnity

    1. You agree to defend, indemnify and hold harmless Parkable, its affiliates, and their respective officers, directors, managers, employees and agents ("Parkable Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions in relation to the Services, the Platform, the Parking Space or the Booking; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Platform caused damage to a third party; (v) your violation of any law; or (vi) your breach of the Parking Space License Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Platform. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Parkable Indemnitees. The address of the parking space will always be provided and you will be liable for a fee of $30 if you park at the incorrect property as a result of your own negligence.

  15. Limitation of liability

    1. Parkable will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will Parkable be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Platform or Services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform or Services or any booking with an Host to the fullest extent permissible by law, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or for any loss or damage of any kind incurred as a result of your use of the Platform or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

    2. For the avoidance of doubt, the liability excluded under clause 14.1 includes any loss arising from your dealings with any Host or arising from the Parking Space and we shall have no liability to you whatsoever for any act or omission of the Host in connection with the Parking Space or your Booking.

    3. If you are domiciled in the UK the liability excluded under clause 14.1 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

    4. Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 14.5 below) is limited to the total amount paid by you to us (as agent for the Host) under this Agreement.

    5. No claim may be brought against us in relation to this Agreement more than 12 months following the Booking to which the claim relates.

    6. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Platform and Services and responsibility for the Parking Space and fulfillment of a Booking lies solely with the Host for whom we act only as an agent in a limited capacity.

  16. Electric vehicle charging

    1. We may promote or make visible via the Platform, Parking Spaces with additional services such as Electric Vehicle Charging.

    2. Where electric vehicle charging is available, you may only use this service when granted consent to do so via the Platform.

    3. You must follow all user instructions in relation to the use of a Charge Point. It is your responsibility to ensure that the charging of your Vehicle using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. In particular, this includes but is not limited to ensuring that you take all reasonable care when charging your Vehicle and that:

      1. you have all necessary connector cables to enable your Vehicle to be charged at a Charge Point;

      2. the connector cable must be safely plugged into your Vehicle and the positioning of the connector cable must not create a tripping hazard to any person;

      3. The connector cable must not be unplugged from the Vehicle before the plug is removed from the Charge Point; and the Vehicle must not be driven with the connector cable still attached to the Charge Point.

    4. We are unable to guarantee that any Charge Point will be fully operational as these factors are outside of our control and depend on the actions of third parties, including the Host. If you do experience any problems accessing or using any Charge Points, please contact us.

    5. You will be responsible for any damage caused to a Charge Point, any other property or for any injury to any person due to a breach of these Terms by you or your Authorized Person, or for your or your Authorized Person’s misuse or negligence or failure to comply with any user instructions or guidance in relation to a Charge Point and/or your Vehicle. You must notify us immediately of any damage caused to a Charge Point.

    6. Please be aware that the Host is responsible for the Charge Point (including for the supply of electricity to such Charge Point) and we have no responsibility or liability to you in respect of such Charge Point. If you or your Authorized Person suffer any damage, loss or injury whilst using a Charge Point, you must notify us immediately.

  17. General

    1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

    2. By entering into this Agreement you also agree to our Privacy Policy which is available on our Platform.

    3. Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.

    4. No term of this Agreement will be enforceable by any person that is not a party to it including (if you are domiciled in the UK) any enforcement through the Contract (Rights of Third Parties) Act 1999.

    5. We will be entitled to assign or sub-contract our obligations under this Agreement.

    6. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.

    7. Each party acknowledges that the Agreement, including the Privacy Policy, contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular, it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.

    8. You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

    9. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

    10. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

  18. Governing Law and Jurisdiction

    1. You are contracting with Parkable Ltd (trading as Parkable) and this Agreement shall in all respects be governed by the laws of New Zealand and shall be deemed to have been made in New Zealand and operate under the sole jurisdiction of New Zealand Courts. Both parties acknowledge and agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, the Platform or the Services. You acknowledge that Parkable's rights and your obligations to Parkable are of a unique and irreplaceable nature, the loss of which shall irreparably harm Parkable and which cannot be replaced by monetary damages alone so that Parkable shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

 

  1. Dispute Resolution

    1. Regardless of where you are domiciled any claims brought against Parkable must be filed in a New Zealand court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

    2. Notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, Parkable may bring an action to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of this Agreement or to enforce the decision of the arbitrator.

    3. The arbitrator shall apply the substantive laws in accordance with clause 16 (Governing Law and Jurisdiction), shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages.

    4. The parties will split the arbitrator's fee.

    5. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

    6. You agree that the provisions in this clause will survive any termination of this Agreement.

Parkable Limited - Host Agreement

  1. These Terms

    1. These terms and conditions apply to all services ("Services") provided or arranged by us, Parkable ("us", "we" or "Parkable") to or for you, the Host or operator of one or more parking spaces (each a "Parking Space") and recipient of the Services ("you" or the "Host").

    2. Please note that these terms apply only to the provision of Services directly by us to you. These terms do not apply to the use by third parties of the Parking Space itself. The licensing of your Parking Space is dealt with under the terms of your Parking Space License Agreement with such third party Parkers ("Parkers").

    3. We may amend these terms from time to time. Any amendments or new terms and conditions will be provided to you. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our website or Services you will be deemed to have accepted the new terms.

  2. Services and listing

    1. We may advertise your Parking Space on our website www.Parkable.co.nz, and mobile applications and software ("Platform") and provide information to Parkers and prospective Parkers who may wish to use the Parking Space.

    2. You will be required to complete your own listing for the Platform. In your listing you agree to provide all relevant information about the Parking Space including:

      • the address of the Parking Space;

      • clear photo(s) of the parking space;

      • clear instructions so any Parker knows they can park in your space - especially if it is signed as 24 hour tow away.

      • the availability you would like for the park(s)

      • 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 Parker should be aware of before booking the Parking Space.

    3. You are also required to provide us separately with information before we will list the Parking Space including your name, address and telephone number - we need this information to be able to act as your agent if a vehicle needs to be towed.

    4. 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.

    5. You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Parker under the Parking Space License Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Parker as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.

    6. We reserve the right 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 or we believe you to be in breach of your obligations under clause 8 (Your obligations).

    7. In addition to advertising the Parking Space, we will be entitled to send promotional emails to Parkers and provide such information about your Parking Space as we may deem appropriate to promote Parkable or your Parking Space.

  3. Appointment as Agent

    1. You appoint us as your agent for the purposes of forming binding agreements between you and the Parker to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all or part of your license charges from the Parker.

    2. At the time we confirm the booking of the Parking Space and receive payment from the Parker (see clause 4 below), a binding agreement will be formed (the "Parking Space License Agreement") between you and the Parker. The agreement will be on standard terms set out here and will only include any additional restrictions relating to your Parking Space if listed by you in accordance with clause 2.2.

    3. You may not incorporate any additional terms into the Parking Space License Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Parker any additional terms or amendments to the Parking Space License Agreement after a booking has been made without our consent. The Parker is not obliged to accept any further terms once we have accepted a booking on your behalf.

    4. The Parking Space License Agreement and any additional restrictions included in your listing are a contract between you and the Parker. We are not a party to that agreement and we will not be liable to you, the Parker or any third party for any breach of the Parking Space License Agreement or otherwise in relation to the Parking Space or its use by Parkers. We are not a real estate broker, agent or insurer. We have no control over the conduct of Parkers or Parking Space Hosts and disclaim all liability in this regard.

    5. You authorise Parkable to act as your agent for enforcing parking terms and conditions, including arranging towing where appropriate and charging administration and overstay fees.

  4. Bookings, payment and our charges

    1. The Platform allows you to nominate the times of day and days of week that the Parking Space is available.

    2. If the availability changes at any time you must notify us as soon as practicable. Based on the availability information you have provided to us we will tailor the Website listing for your Parking Space. If you have not informed us that your Parking Space is unavailable for a particular date or time then you may be liable to pay the reasonable costs of alternative arrangements for a Parker who makes a booking for such date and time. It is your responsibility to ensure that you inform us of any dates your Parking Space will not be available for booking.

    3. By Listing the availability times, you agree that we will manage the entire booking process and you authorize us to accept a booking for an available date and issue a Parking Space License Agreement without further reference to you. We will take payment from the Parker on your behalf at the time of booking as set out below.

    4. Payment

      • Once we have provisionally accepted a booking on your behalf we will request and issue a Parking Space License Agreement. Once we have received the necessary confirmations from the Parker a booking will be deemed to have been accepted and you will have entered a binding agreement with the Parker to allow the Parker to occupy the Parking Space subject to the Parking Space License Agreement. We will confirm a booking to you as soon as practicable via the Platform.

    5. Parkable Payments

      • Our standard policy is to collect the full amount owed by the Parker for the Parking Space at the time they end their parking session.

      • You authorize us to accept and hold such payments on your behalf.

      • We will accumulate and forward all monies we have received on your behalf, less our fees, to your nominated bank account on a monthly basis, and no later than 30 days following the end of the month in which the licence fees were accrued.

      • You are responsible for obtaining your own taxation advice and paying all applicable sales taxes, value added taxes, incomes taxes, goods and services taxes and other similar municipal, state and federal indirect taxes or other withholding and personal or corporate incomes taxes ("Taxes") under this agreement in a timely manner. If your payment method fails we may collect fees owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. Such fees and expenses will include an additional administration charge of £50 (GBP) plus VAT if you are domiciled in the UK or $75 (USD) plus applicable taxes and expenses if you are not domiciled in the UK. Once payment has been received we will send you the Confirmation Email which will include the License Period (which may be changed by agreement or termination as set out below) and a contact telephone number for the Parker.

      • If you are domiciled in the USA IRS regulations regarding federal tax reporting requirements stipulate that Parkable must collect IRS Form W-9 from all property owners in the United States. You agree that you will provide IRS Form W-9 within 7 days if required by Parkable. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Parkable cannot and does not offer Tax-related advice to any Parkers or Parking Space Hosts.

      • You agree that we may issue you with invoices and receipts in electronic format by email.

      • If you are a New Zealand resident you must provide us with the following information before we will pay you: Your GST number (if you are GST registered) your name or business name, and address.

      • If you are a New Zealand resident and GST registered you will be issued with an IRD approved Buyer Created Tax invoice from Parkable at the time of each payment to you.

      • If you are a New Zealand resident and not GST registered you will be paid the amount collected by Parkable, less GST and less our fee.

 

    1. Parkable Fees

      • Standard Parkable fees are 25% of the total paid by the parker.

      • Fully Managed Parkable fees are 40% of the total paid by the parker

      • Our fees include bank charges for both the parker’s credit or debit card payments and bank fees to pay you, the host.

      • Parkable reserves the right to adjust our fees. If we do so we will notify you via the platform and your continued use of the Parkable platform will be an acceptance of those fee changes.

    2. Chargebacks

      • From time to time we may collect payment on your behalf from a Parker which we either have to repay to a Parker's credit card provider or which is deducted from a retention we have with our credit card processors (a "Chargeback"). If we are subject to a Chargeback in respect of a booking of your Parking Space you agree that:

      • we will not be under any obligation to make payment to you of any amount which is the subject of a Chargeback and any claim you have for non-payment of Parking Space License Fees will be against the Parker (and we will not be obliged to pursue such claim); and

      • if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback (less our fees).

      • In the event of a Chargeback in relation to an amount we have already paid to you we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Parkers for future bookings until we have been reimbursed in full and may use any credit or debit card details you have provided for such purposes.

  1. Cancellation and Termination

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

    2. Furthermore, you agree that if a Parker wishes to cancel a booking they may do so through us and our Platform 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.

    3. If we have received any payments in respect of a booking before a License Period begins and such booking is subsequently cancelled by you or the Parker you authorize us to refund the Parker from any payments we are holding on your behalf. Where you have received payments directly you are required to refund the Parker in accordance with the Cancellation Policy.

    4. We reserve the right to cancel your account and terminate this agreement if you do not refund a Parker within the timeframes specified in the Cancellation Policy. We may also collect payment from the debit or credit card details you have supplied and use these to discharge your liability to a Parker for a cancelled booking.

    5. For long term bookings you agree to abide by the termination policy included in the Parking Space License Agreement. In the event of termination of a booking it is a breach of clause 8 (Your obligations) to grant the Parker a license to use the Parking Space within a period of 12 months from the date of termination.

  2. The Parking Space

    1. Before any License Period you must ensure that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Parker under the booking.

    2. 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 your landlord, tenant or condominium association (or other persons who control any condominium of which the Parking Space is a part) to do so. If you are in any doubt you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, condominium documents or any other documents of record to ensure that you are able to grant a license to use your Parking Space in the manner envisaged by this agreement and/or your agreement with Parkers.

    3. We will not be liable to you, the Parker or any other third party (such as a landlord, tenant, condominium association (or any other persons who control any condominium of which the Parking Space is a part) or management company) if you do not have the necessary authority referred to in clause 6.2 and you agree to indemnify and hold harmless Parkable for any loss we may suffer as a result of your breach of the representation and warranty above.

  3. Approvals

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

    2. You agree to notify us immediately upon receiving any notice, correspondence or contact in any other form from any governmental authority, landlord or condominium association (or other persons who control any condominium of which the Parking Space is a part) in connection with the use of your Parking Space for purposes envisaged by this Agreement and/or your agreement with the Parker; and upon request, you agree to provide copies thereof to us. Following such notice from you we reserve the right to terminate this agreement and remove the Parking Space from the Website.

    3. 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 referred to in clause 7.2, you agree to indemnify and hold harmless Parkable for any loss we may suffer as a result of your breach of the representation and warranty.

  4. Your obligations

    1. You must:

      • honour all bookings with Parkers;

      • provide your Parking Space in accordance with the details and information set out in your listing;

      • ensure that all information about you and your Parking Space that you provide to us for inclusion on the Platform is true and accurate in all respects and could not in way be construed as misleading to a Parker;

      • deal with all Parkers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;

      • deal with all queries from Parkers relating to a Parking Space or booking in a prompt and satisfactory manner;

      • comply with all applicable laws, Tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties;

      • subject to clause 10, use your best endeavors to settle any disputes that may arise during a Parker's License Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Parker may still fulfil his booking.

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

    3. You agree to use Parkable as your exclusive agent for the purposes of making and accepting bookings from Introduced Parkers. For the purposes of this clause an “Introduced Parker' means any person who a) has made a booking of your Parking Space through Parkable; or b) has made an enquiry about your Parking Space through Parkable (whether or not such person completed a booking); or c) has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with Parkable; or d) has made you aware of their need for parking through Parkable whether or not in any of the above scenarios such person completes a booking with you or a third party (“Introduced Host'). In the event of a booking between an Introduced Parker and an Introduced Host such of these terms and conditions as relate to fees payable to Parkable will apply to the Introduced Host.

    4. In the event that you arrange any booking or rental of or grant a license to use your Parking Space with an Introduced Parker (or any other person who is responsible for or entitled to drive the same car as an Introduced Parker) within a period of 12 months from the end of any Introduced Parker's License Period (if the Introduced Parker makes a booking) or the date on which we introduced the Introduced Parker to you or the Introduced Parker became aware of you or your Parking Space through Parkable, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this clause 8.5 and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your Parkable balance accordingly.

    5. We reserve the right to inspect the Parking Space at any time to verify any fees due in accordance with clause 8.2.

  5. Debit or Credit card details

    1. In order to register an account you may be required to provide us with credit or debit card details to enable us to make payments to you. We are also authorized to use these details to deduct any payments you may owe to us or (in exceptional circumstances) to a Parker. Certain functionality and features may be available only to those who have provided debit or credit card details to us or through your Parkable account which is typically required for the withdrawal of sums earned over the License Period.

  6. Complaints and Disputes

    1. You agree that if you have any dispute with a Parker concerning your Parking Space or any use of the Parking Space you will attempt to resolve it in the first instance by directly communicating with the Parker via the Platform.

    2. In the event that a dispute cannot be resolved with the Parker directly you may refer the dispute to us or make a complaint. You authorize us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requiring you to refund any payments you have received or requesting that a Parker pays any outstanding amounts in relation to the relevant booking.

    3. You agree that we may use any funds we are holding on your behalf in order to settle a dispute with a Parker and that if we are authorized to deduct sums from the debit or credit card details you have supplied (up to a maximum of £250 (GBP) per claim or dispute if you are domiciled in the UK or $375 (USD) per claim or dispute if you are domiciled outside the UK) in order to settle a dispute with a Parker.

  7. Publicity

    1. We may refer to you or your Parking Space at any time in the future to publicise ourselves or our Platform, in accordance with our Privacy Policy.

  8. Termination

    1. Either party may terminate this Agreement at any time but upon termination you agree to honor any outstanding bookings. From the date of termination we will not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding bookings (subject to clause 12.5).

    2. In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.

    3. We will be entitled to terminate this Agreement immediately if:

      • you are in material breach of any of the terms of this Agreement; or

      • you do anything to put our goodwill or reputation at risk; or

      • we have any reason to believe that you are not authorized to grant a license to use the Parking Space;

      • you cancel a booking other than in accordance with the Cancellation Policy; or

      • you refuse to cooperate with us in respect of this Agreement.

      • If any bookings are outstanding on termination by us under this clause 12.3 then clause 12.5 will apply.

    4. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).

    5. In the event that:

      • this Agreement is terminated by you and existing bookings cannot proceed under clause 12.1 (eg. because you sell the property to which the Parking Space is attached); or

      • this Agreement is terminated by us under clause 12.3 while there are existing bookings;

    6. then you will be fully liable to us (under the terms of this Agreement) for all associated costs, charges, damage and liability which we may incur as a result and you agree to indemnify us on a continuing basis in respect of any such cancelled booking.

    7. You should be aware that you may also be liable to the Parker (under the Parking Space License Agreement) for any reasonable associated costs, charges, damage and liability which the Parker incurs as a result of any of the events described in clause 12.5, including the Parker's costs of having to make alternative parking arrangements.

  9. Insurance

    1. We may in the future provide or arrange to provide insurance in respect of your Parking Space and its use by Parkers. Other than any such insurance that we may provide or arrange to provide, you will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your Parking Space.

  10. Disclaimers

    1. If you choose to use the Platform and Services, you do so at your sole risk. You acknowledge and agree that Parkable does not have an obligation to conduct background checks on any Parker. The Website and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Parkable explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Parkable makes no warranty that the Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Parkable makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or Services.

    2. No advice or information, whether oral or written, obtained from Parkable or through the Website or Services will create any warranty not expressly made herein.

    3. You are solely responsible for all of your communications and interactions with other users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services, including, but not limited to, any Parkers. You understand that Parkable is not obligated to, and does not make any attempt to verify the statements of users of the Platform or Services or to review or visit any Parking Spaces. Parkable makes no representations or warranties as to the conduct of users of the Platform or Services or their compatibility with any current or future users of the Platform, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services, including, but not limited to, Parkers, particularly if you decide to meet in person.

  11. Your liability

    1. You agree to defend, indemnify and hold harmless Parkable, its affiliates, and their respective officers, directors, managers, employees and agents ("Parkable Indemnities") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions in relation to the Services, the Website, the Parking Space or the Booking; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Website caused damage to a third party; (v) your violation of any law; or (vi) your breach of the Parking Space License Agreement. This defence and indemnification obligation will survive this Agreement and your use of the Platform. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Parkable Indemnities.

  12. Our liability

    1. Parkable will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will Parkable be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Platform or Services, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Platform or Services or any booking with a Parker, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or for any loss or damage of any kind incurred as a result of your use of the Platform or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction

    2. For the avoidance of doubt, the liability excluded under clause 16.1 includes any loss arising from your dealings with any Parker or arising from the Parking Space and we shall have no liability to you whatsoever for any act or omission of the Parker in connection with the Parking Space or a Booking. We will not be liable to you in the event of a claim by a Parker against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Parker in such circumstances.

    3. Our liability to you for all losses under this Agreement is capped at the total fees paid by you to us under this Agreement.

    4. No claim may be brought against us in relation to this Agreement more than 12 months following the date on which your Parking Space to which such claim relates was last promoted on our Website.

    5. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Platform and Services and responsibility for the Parking Space and fulfilment of a Booking lies solely with the Host for whom we act only as an agent in a limited capacity.

    6. If you are domiciled in the UK the liability excluded under this clause excludes situations where fraud, wilful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

  13. Non-solicitation

    1. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkable or any Parker or other Host through any communication including written and oral communication made by yourself or a third party to transact outside of the Website.

  14. Confidentiality

    1. Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other's business or affairs other than to its employees, associates or contractors (if any) who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party's possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the Agreement.

  15. General

    1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

    2. By entering into this Agreement you also agree to our website terms of use and our privacy policy both of which are available on our Website.

    3. Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.

    4. No term of the Agreement will be enforceable by any person that is not a party to it.

    5. We will be entitled to assign or sub-contract our obligations under this Agreement.

    6. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.

    7. No term of this Agreement will be enforceable by any person that is not a party to it including (if you are domiciled in the UK) any enforcement through the Contract (Rights of Third Parties) Act 1999.

    8. Each party acknowledges that the Agreement (as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

    9. If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

    10. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

    11. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

  16. Governing Law and Jurisdiction

    1. You are contracting with Parkable Limited and this Agreement shall in all respects be governed by the laws of New Zealand. Both parties acknowledge and agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, the Platform or the Services. You acknowledge that Parkable's rights and your obligations to Parkable are of a unique and irreplaceable nature, the loss of which shall irreparably harm Parkable and which cannot be replaced by monetary damages alone so that Parkable shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

 

  1. Dispute Resolution

    1. Regardless of where you are domiciled any claims brought against Parkable must be filed in a New Zealand court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

    2. Notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, Parkable may bring an action to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of this Agreement or to enforce the decision of the arbitrator.

    3. The arbitrator shall apply the substantive laws in accordance with clause 20 (Governing Law and Jurisdiction), shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages.

    4. The parties will split the arbitrator's fee.

    5. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

    6. You agree that the provisions in this clause will survive any termination of this Agreement.