Terms & conditions
MOBILE APPLICATION TERMS AND CONDITIONS
i. “User Content” refers to all content that is added, created, uploaded, published, submitted, distributed, posted or transmitted to the Platform by you or other users.
ii. Listing refers to an advertisement or post on the app offering a Space to park a vehicle
iii. Guest as used herein refers to individuals who pay to park as Drivers , even if the person who pays to allow a vehicle to be parked in a parking space is not in fact the driver of that vehicle.
iv. host as used herein refers to individuals or businesses who advertise parking spaces using the Online Service as guest , and we make a distinction between individuals who use the Online Service to advertise parking spaces situated at private property not used in the course of business (Private Space Owners ), and individuals or businesses who use the Online Service to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as shops or offices ( Commercial Space Owners ).
v. Space refers to the physical space at the host's address in which vehicles are parked under a Contract.
vi. Contract refers to agreement between a host and a guest to utilize a Space to park a vehicle for a total Fee
2. Introduction Welcome! By using GOPark. or the GOPark Website or Mobile App (collectively the “Site”) you agree to be bound by the following terms and conditions (the “Terms” or “Agreement”). GOPark is a Platform where hosts may list/advertise their parking spaces for rent and guests who are in need of parking spot may rent such parking spaces from the hosts in order to park their motor vehicles, subject to the conditions herein. GOPark is not responsible for the parking space rental transactions that you enter into using our Services. host, not GOPark, provide the parking spaces, and the listed spaces are solely under their control. The decision to utilize parking information made available through our Services remains your responsibility, and you assume that risk. In all cases, the terms of your parking arrangement will be governed by the information in the host’s listing and/or posted at the parking location. GOPark does not take responsibility for any of the following problems or conditions, and you assume full responsibility for each of them that you encounter:
Problems with a parking service, a parking lot or someone who accepts custody of your vehicle. These elements are provided by others who are in no way our agents or acting on our behalf; Failure of you or a host to update or accurately enter information about a listed parking space; Failure of others to relinquish a parking spot in a timely manner, or problems with the availability of a specific parking space in the location you selected. GOPark is not liable for road closures, changing traffic conditions or any other circumstances that challenge access to a parking location; Damage to a host’s premises or to your vehicle that results from your use of a parking space; and The safety of persons or property in the locations at or around the listed parking spaces.
You understand and agree that gopark is not a party to any contract or transaction entered into between hosts and guests. We have no control over the conduct of hosts, guests, and other users of the platform, or any listed parking spaces, and we disclaim all liability in this regard to the maximum extent permitted by law. If you do not agree with any of these Terms of Service , please do not use GOPark.
By providing access to you to the Platform we act as a mere facilitator for the guest and the host. We do not set the Parking Space fee, the terms between host and guest or any other conditions of purchase, or any other matters related to the Parking Space. We are neither the customer nor proprietor, lessor or occupier of any Parking Space and merely provide a facility for you to book a Parking Space. GoPark is not host and are not the agent of guest or any host. You, as the guest, and the host are the only parties to the contract regarding a Parking Space purchased by you via the Platform. You agree that we have no liability for any matter related to a booking for a Parking Space. In particular, you agree that we will have no liability for any of the following non-exhaustive list of items: damage caused to the Parking Space and/or the host property; damage to your vehicle; death or bodily injury arising in connection with the use of the space; payment to the host.
The host Terms apply to the relationship between guest and the host. GOPark will not be a party to the host Terms nor have we any influence upon them.
You agree that we are not responsible for, and we accept no liability for, your, any other user’s or any host’s actions, inactions or offline conduct. We accept no liability for any matter related to a Parking Space listed on the Platform and we have no control over and do not guarantee the quality, safety or legality of any Parking Space listed on the Platform, or the truth or accuracy of information provided by other users, any host or any other users of the Platform.
You agree that we are not responsible for, and we accept no liability for, any matters arising from the legal relationship that exists between you and the payment services provider which is governed by the Payment Service Terms. You further agree that we are not responsible for, and we accept no liability for, your or the payment services provider’s mistakes, defaults or negligence or in relation to any matter arising between you and the payment services provider regarding any payment transaction processed in connection with the Payment Service Terms. Upon the expiration of the term of the parking space, guest warrants to vacate the space, and understands that failure to vacate the parking space may entitle the host to tow the vehicle out of the premises and host shall not be liable for that act.
By accessing or using the Service,app or website you affirm that you are at least 16 years of age ( or have reached the legal age to drive a vehicle if that is not 16 years of age where you live ) . You represent that you are fully able and competent to enter into and comply with the terms of service on this page. If we become aware that you are using the Service even though you are under 16, we will deactivate your account.
When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
Each Listing by a Host is an offer to enter a legally binding Contract with the guest. If the guest indicates through the app that the proposed terms of the Listing are accepted, the Host will receive by email the booking request, to which they must respond within 48 hours. In the absence of response, the request is considered rejected. If they accept the reservation, the Contract is confirmed and the Fee is taken from the guest. To create a Listing, the host must describe the Space, along with any conditions of storage they wish to apply, on the listing page of the app. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, whether or not a deposit is required for access cards/keys, and access offered. The Host will also disclose to the GOPark the price he wishes to charge for storage (the “Spacer Rent”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Space becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or guest’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.
i. By Hosts:
To create the listing for your parking space, You’ll need to create an account with GOPark as a space owner. If you wish to use the service to advertise a parking space, you will need to register with us as a host. In order to register as a host you will need to provide the information requested during the registration process, which will include:
a. full name;
b. mobile number;
c. valid email address;
d. address for each relevant parking space;
e. parking space listing information, including but not limited to the requirement of a parking permit or allocated bay number;
f. disclose the location, size, pricing other features of the spot;
g. upload a picture of your parking spot in order to assist drivers to identify your parking spot when they arrive and verify its availability.;
h. provide any specific instructions related to the use of your parking space.
We may also require additional information from time to time.
If you pass the requirements requested by GOPark, as a host, your parking space will be listed on the platform and displayed for the public to see for the purpose of renting it during the available time periods you have identified via the GOPark Platform.
Registered users (i.e those who own an account with us) of GOPark will be able to rent your parking space via the Platform based upon the information provided in your listing and such users’ search preferences. Host warrants to make the space available to the user who books the space via our platform, and honor such reservation at the price provided in the listing. GOPark reserves the right, at any time and without prior notice, to remove or disable access to any listing of a parking space for rent for any reason, including that GOPark considers to be objectionable or that violates this terms and conditions or otherwise harmful to the Platform.
To use GOPark as a guest, you will need to register with us as a guest. In order to register as a guest you will need to provide the information requested during the registration process, which will include:
a. full name;
b. mobile number;
c. valid email address; and
d. vehicle registration number for any vehicle or vehicles that you want to be able to pay to park.
We may also require additional information from time to time.
Subject to this agreement host shall be responsible for honoring any confirmed rentals and making available any parking spaces reserved through the Platform. Guest understands that the host whose space will be rented may require the guest to enter into a legally binding contract with host to set out the terms of in which the spot will be rented out, and in the event of such, guest be bound by the terms therein for renting out the parking space. Host hereby grant guest license and permission to use the parking space solely for parking a motor vehicle and solely for the limited duration of agreed to for renting out the space in accordance with the agreement between the Host and Guest. As a Guest, you are responsible for leaving the parking space (including any personal or other property located at such parking space) no later than the end of your reservation rental period and in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the parking space
The beginning and end time of each parking space reservation will be based on Coordinated Universal Time (“UTC”), which is a universal time standard and can be accessed directly via most mobile devices that enable access to the Platform or through certain websites or mobile applications. If a Guest stays past the agreed upon time without extending his or her reservation prior to its expiration, or making a new reservation (in each case, if available) via the Platform (an “Overstay”)such Guest no longer has a license to park in the parking space, and the Host is
entitled to tow the Guest’s vehicle at such Guest’s expense. In addition, Guests agree that the Host can charge the Guest, and GOpark will collect an “Overstay Fee”, plus all applicable additional fees, taxes, and any legal expenses incurred by the Host to make the Guest vacate the parking space.
5. Our Service
a. GoPark will comply in all material respects with the description of the services in these terms, as amended by us from time to time. We will use reasonable endeavors to make the Service available through the app, but do not warrant that access to the Service, or the app will be uninterrupted or error-free.
b. We may suspend or withdraw or restrict the availability of all or any part of our app or the Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Suspension or withdrawal of the Service will not affect any Parking Contract which you have formed as a guest with a host, or which you have formed as a host with a guest.
c. Whilst we endeavour to ensure that parking spaces listed through the Online Service are of a high quality, we offer no guarantee as to any parking space's suitability for the guest’s requirements. Similarly, we rely on the host for details about a Parking Space given on the t app and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
d. We will reserve any parking space booked through the app based on the availability information provided to us by the host. However, we do not warrant the availability of any parking space.
e. If you fail to remove your vehicle when required to do so under this agreement; and You fail to rectify either despite receiving notification, your vehicle will be deemed to be ‘abandoned goods’ for the purposes of this clause. In the event that your vehicle is deemed to be ‘abandoned goods’ you acknowledge and agree that: (1) It’s not reasonable for your vehicle to remain on the host’s premises and that GOPark will by necessity, need to deal with your vehicle (2) GOPark may dispose of (which may include dumping at a waste facility); or Find alternative parking for; or Sell any or all of your abandoned goods on terms GOPark deems reasonable.
f. In the event your vehicle gets damaged or has any mechanical fault, GOPark shall not be responsible for damages/towing of the vehicles or damages to private property. For the purpose of this agreement, GOPark shall be deemed an independent contractor and third party facilitator and shall have no obligation as to any damages suffered by guest or host during the term of this agreement.
6. Cancellation Policy
i. Cancelation by Host:
a. In the event host decides to cancel the booking within 24 hours or more to the commencement of the booking, GoPark, guest shall not be charged additional fees.
b. However, in the event of termination of the booking between 8-24 hours from the commencement of the booking, host shall be liable to pay $30 (plus fees) cancellation fee in the event host is unable rent another parking space at a rate, and for a time frame equal to or greater than the original reservation that the host booked.
c. Cancellation initiated 8 hours or less before the commencement of the booking shall attract a $50 charges as cancellation fee payable to guest in addition to the fees. if Guest is unable to re-rent a parking space at a rate and for a time period greater than or equal to that of Guest’s original reservation.
ii. Cancellation By Guest:
a. In the event of cancellation within 24 hours or more prior to booking start time, guest shall be refunded for the booking minus the service fee.
b. If booking is cancelled in less than 24 hours prior to the booking start time, Guest shall not be refunded.
Subject to the terms and conditions of this agreement, GOpark hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the app only for the purpose of using our services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the website or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
You are vehemently and specifically prohibited from engaging in the following:
a. committing, aiding, perpetuating a criminal offense, send or spread Trojan, virus, worm or any technologically dangerous and heinous materials or substance on this app.
b. engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website.
c. corrupt data, hack into any aspect of the service or cause a provocation on other users.
d. Sending spam (i.e. unsolicited advertising or promotional materials) or a plot to disrupt the performance of the computer facilities of or accessed through this app.
e. uploading obscene and corrupt photos or videos like pornography.
f. wrong use of the app in any way that may occasion or cause harm to the app or contrary to the stipulated applicable laws and regulations.
Any contravention of any of the terms and conditions expressly set out here will result into substantial and irreparable which will also amount to a criminal offense. We will report such contravention and violation to the relevant law enforcement agencies and reveal your identity to them so be properly guided please as we frown against illegality and wrongful use of this app.
8. User Generated Content
You may submit content, including text, images, photographs and video to the GoPark (collectively, “User Generated Content ”), provided that you consider the following:
i. If you post it, you own it
Think twice before you publish. Keep in mind that even if original content can be deleted, the content that is shared and distributed through an array of channels can be reposted, searched, and found on the Internet.
ii. Respect the law, including with regard to intellectual property
It is critical that you show proper respect for the law generally, and specifically for the laws governing copyright and fair use of copyrighted material. You should not quote more than short excerpts from someone else’s work. It is good general practice to link to others’ work. Use appropriate symbols to mark the first appearance of trademarked terms in your content. Do not post images, music or other copyrighted content unless you own them or have permission from the owner to display such content in this context. Keep in mind that the laws may differ depending on where you live.
iii. Be respectful of others’ opinions and beliefs. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Do not post content from, or links to, Internet sites that feature sexual content, or that advocate intolerance of others; and do not create such content on GoPark.
iv. That you are the sole and exclusive owner of all User Content you make available through the Platform or you have all rights, licenses, consents, and releases necessary to grant to GOpark the rights in such User Content, as contemplated under these Term
v. Do not post confidential or proprietary information
By posting content to GoPark, you are agreeing to allow anyone with access to GoPark to access it and use it without restriction, except with regard to any applicable intellectual property rights that you or others may have in such content. You agree that you will not post or transmit material that is confidential or proprietary to you or a third-party.
You represent and warrant that neither the User Content nor your or GOPark’s use thereof as set forth under these Terms will infringe, misappropriate, or violate a third party’s proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In some cases, you may delete or remove your User
Content, or you may request through the Site that your User Content be deleted or removed but you acknowledge that archival copies of such User Content may remain for a reasonable period of time. We do not endorse any GOPark user, listing, or parking space.
You grant to GoPark a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and process your Content on and in relation to this app. In the case of information supplied, we will only use that information for the purposes of providing our website services to you, fulfilling our obligations under these terms and conditions, analyzing and learning from the use of our templates, and enforcing our legal rights.
You warrant and represent that your Content will comply with these terms and conditions.
In consideration for the service rendered by GoPark, as an intermediary between guest and host in facilitating and linking up guest who needs a parking space with the host who has a parking space to rent out, GoPark shall be entitled to receive 25% commission from the host for each transaction executed via GoPark, and a 6.25% service fee is charged to the guest for each transaction executed via GoPark. Host and guest understand that the compensation fee of 25% (also referred to as facilitation fee) paid to GoPark shall exclude all applicable taxes, charges, levies and fees arising from this transaction or agreement including but not limited to such fees charged by GoPark’s payment processor in accordance with the payment terms.
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, GOPark 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.
You agree to indemnify GOPark, it’s directors, contractors, agents and employees from all damages, claims, action or liability that may eventuate from exercising the rights of GOPark in dealing with your abandoned goods as set forth in paragraph (5 )of this agreement.
The Services are provided “as is,” “as available,” and without warranties of any kind. You use the services at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether implied or statutory, including but not limited to implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Services or any rental transactions will meet your specific requirements or desired results, (ii) the Services will be uninterrupted, error-free, timely or secure; that any defects will be corrected; or that the Services are free of viruses or anything else harmful, (iii) the results obtained from the use of the services will be accurate or reliable, or (iv) the Services will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations
regarding the use of the Services in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device with which you access the Services, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Services and other items used or contained in the Services at any time without notice. No advice or information, whether oral or written, obtained by you from GOPark or through the Services will create any warranty not expressly stated herein.
11. Intellectual Property
The format and content of this Site is protected by United states 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. 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. We do not screen user-generated content (including content relating to available parking spaces) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (eg. 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.
12. Third party Links
The Platform or any Service may contain links to other independent third-party sites (the “Third-party Sites”). Third-party Sites are not under our control, and GOPark is not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
13. Host Listing a Parking Space
a. Host represent and warrant that he/she owns or lease the premises offered for parking; are duly authorized and licensed and have the full right and authority to enter into this agreement and to rent the parking space you’ve associated with your User Account; and, if you are a business, you
are in good standing with all relevant regulatory, licensing and compliance authorities for all jurisdictions in which you offer rental parking.
b. Host will not discriminate against prospective guest on the basis of race, sex, color, religion, creed, sexual orientation, age or national origin.
c. Host will accurately describe the parking space’s location, size, and any site restrictions that might reasonably pose a risk of damage to your property or to certain types of vehicles.
d. GOPark does not take responsibility for any of the following problems, situations or conditions, and you assume full responsibility for each of them that you encounter: (1) Problems with how a guest uses the parking service or parking lot, or issues relating to your personnel who accept custody of guest’s vehicles; (2) Your failure to update your information or User Account, or a guest’s failure to enter or update information in his or her User Account; (3) Failure of a guest or others to relinquish a parking spot in a timely manner; (4) The safety of people and their property when they are using the services or parking at your listed location; (6) The consequences of not providing the parking space as represented to the guest or for delays or unavailability associated with parking at the listed space; (7) Any inconvenience to a guest or you, or liability for damage to your premises or to a guest’s vehicle.
e. It is illegal and a violation of this Agreement to offer and book parking rentals for spaces that you do not own or legally control, including street parking. Any violations may result in immediate termination of your User Account. GOPark reserve the right to request proof of ownership, lease or license of all parking spaces offered through our Services and to verify your authority to rent your listed premises.
14. Use of Third Party Payment Processors.
GOPark utilizes the services of one or more third party payment processors to make the payments related to your use of our Services. GOPark operates entirely separate from these third party payment processors. We have no responsibility for your interaction with the payment processors, and you are responsible to read and abide by any payment processor’s rules and terms that may apply to you. Your agreement with a payment processor is separate from this Agreement between you and GOPark.
If we determine in our reasonable discretion that a parking transaction entered into using the Services is subject to any sales, use or similar tax, or fees or assessments in connection with the Services, we will add such amounts to our fees or to the base parking rental amount. You agree that any and all applicable taxes and similar governmental charges are solely your responsibility. You shall defend, indemnify and hold harmless GOPark from and against all state and local taxes assessed against GOPark, except income taxes that relate to the Services.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GOPARK OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE, THE PRODUCTS OR SERVICES OFFERED ON OUR SITE, RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE, OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
We have the right to change this Agreement at any time with notice, effective upon its posting to our Site at GOPark or notifying you at the email address provided in your User Account. Your continued use of our Services shall be considered your acceptance of the revised Agreement.
You may not assign this Agreement or any rights and licenses in this Agreement. This Agreement may be assigned by GOPark without restriction.
19. Independent Contractors.
The parties are independent contractors and will so represent themselves in all regards. No party is the agent, partner, joint venturer or employer/employee of the other, and neither may bind the other in any way.
20. Entire Agreement and Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts and you agree to submit to the personal jurisdiction of the courts located in Massachusetts
Except as expressly stated herein, the Terms constitutes the entire agreement between you and GOPark with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and GOPark with respect to the Services or the subject matter of these Terms.
In the event of any inquiry or complaint please contact GOPark on firstname.lastname@example.org
In the event of any inquiry or complaint please contact GOPark on email@example.com