Terms & Conditions
Welcome! By using the Parkingbees website (the "Site") and mobile app
(the "Mobile Application"), you agree to be bound by the following terms
and conditions (the "Terms of Use" or "Agreement"). As used in this
Agreement, Parkingbees will be referred to as "Parkingbees" or "we"
and you will be referenced as "you". This Agreement incorporates by
reference the following policies and documents also found on this Site
and the Mobile App: Privacy Policy
Part 1: General Terms & Conditions
Reservation of Rights
The Parkingbees name and logo, and all related product and service
names, design marks and slogans are the trademarks or registered
trademarks of Parkingbees Online Services Pvt. Ltd. All other product
and service marks contained herein are the trademarks of their
respective owners. You may not use any Parkingbees or third party
trademarks or logos without the prior written consent of Parkingbees or
the applicable trademark owner.The service provided by Parkingbees is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. We, therefore, cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
- Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting on our behalf
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers
- Warrant that the Internet, our website, mobile app or any email from us is free of viruses or other potentially harmful effects
- Endorse the use of cell-phones while driving
- Guarantee the availability of a specific parking spot in the location you selected
Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
This Site and mobile app are intended for
personal, non-commercial use (except by Sellers and Developers in
accordance with the applicable terms and conditions set forth below).
You may not use robots or other automated means to access this Site and
Mobile app unless specifically permitted by Parkingbees. You represent
that you are of sufficient legal age to create binding legal obligations
for any liability you may incur as a result of your use of this Site
and Mobile app. You agree to promptly update your membership information
(if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give
us your real name, your Web browser transmits a unique Internet address
to us that can be used by law enforcement officials to identify you.
Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy
and print in hard-copy portions of this Site for the sole purpose of
using this Site as a shopping resource. Any other use of materials or
Content on this Site and Mobile App, including reproduction for a
purpose other than that, noted above without Parkingbees prior
written consent, is prohibited.
- Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting on our behalf
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers
- Warrant that the Internet, our website, mobile app or any email from us is free of viruses or other potentially harmful effects
- Endorse the use of cell-phones while driving
- Guarantee the availability of a specific parking spot in the location you selected
Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
This Site and mobile app are intended for
personal, non-commercial use (except by Sellers and Developers in
accordance with the applicable terms and conditions set forth below).
You may not use robots or other automated means to access this Site and
Mobile app unless specifically permitted by Parkingbees. You represent
that you are of sufficient legal age to create binding legal obligations
for any liability you may incur as a result of your use of this Site
and Mobile app. You agree to promptly update your membership information
(if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give
us your real name, your Web browser transmits a unique Internet address
to us that can be used by law enforcement officials to identify you.
Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy
and print in hard-copy portions of this Site for the sole purpose of
using this Site as a shopping resource. Any other use of materials or
Content on this Site and Mobile App, including reproduction for a
purpose other than that, noted above without Parkingbees prior
written consent, is prohibited.
Privacy Policy: Security
You confirm that you have read and accept our Privacy Policy, the terms
of which are incorporated herein, and agree that the terms of this
policy are reasonable and satisfactory to you. You consent to the use of
your personal information by Parkingbees Online Services Pvt. Ltd.
and/or its third-party providers and distributors in accordance with the
terms of and for the purposes set forth in the Privacy Policy.Parkingbees makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Parkingbees will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or
offered to Parkingbees in connection with your use of this Site and
Mobile App (collectively, "Comments"), shall be and remain the exclusive
property of Parkingbees and may be used by Parkingbees in any medium
and for any purpose worldwide without obtaining your specific consent.
For example, your Comments could be used on this Site or Mobile App and
in radio, television and print advertisements. Your first name, first
initial of your last name, and town and state may be used with any
Comments you submit. Parkingbees is not under any obligation to
maintain your Comments (and the use of your first name and first initial
of your last name with any comments) in confidence, to pay to you any
compensation for any Comments submitted, or to respond to any of your
Comments. You agree you will be solely responsible for the content of
any Comments you make.
Links to Other Web Sites and Services
To the extent this Site and Mobile App contains links to outside
services and resources, any such links are provided for your convenience
only. We do not control those outside services or resource providers,
and we are not responsible for their contents or practices, including
their privacy practices. We do not endorse the operators of those
outside services or resource providers, nor do we endorse or make any
representations with respect to the contents of their web sites or any
products or services offered on those web sites. Any concerns regarding
such services or resources should be directed to the particular outside
service or resource provider. Parkingbees does not guarantee or warrant
the accuracy or completeness of the information or content included on
the Web sites of these outside services and resources.
User Accounts
In order to fully participate in all Site and Mobile activities, you
must register for a personal account on the Site and Mobile App (a "User
Account") by providing an email address, mobile number and a password
for your User Account. You agree that you will never divulge or share
access or access information to your User Account with any third party
for any reason. You also agree to that you will create, use, and access
only one User Account, and that you will not access the Site or Mobile
App using multiple User Accounts.
Ownership: Sublicensing
The Site and Mobile App contains various information in the form of
data, text, graphics, and other materials from Parkingbees and third
parties (the "Site Content"). You acknowledge that this Site, Mobile App
and various elements contained therein are protected by copyrights,
trademarks, trade secrets, patents, or other proprietary rights, and
that these worldwide rights are valid and protected in all forms, media,
and technologies existing now and hereinafter developed. You also
acknowledge that the Site and Mobile App Content is and shall remain the
property of Parkingbees or its licensors. You agree to comply with all
intellectual property laws and you shall not encumber any interest in,
or assert any rights to, the Site and Mobile App Content. You may not
modify, transmit, participate in the sale or transfer of, or create
derivative works based on any Site or Mobile App Content , in whole or
in part.As between Parkingbees and you: (i) Parkingbees retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site and Mobile App, including, without limitation, the API, Database, Parkingbees Content, trademarks, and any and all Parkingbees services and any content created or derived therefrom (collectively, the "Parkingbees IP"); and (ii) you and, to the extent applicable, your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by Parkingbees. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Parkingbees or its suppliers. You shall not take any action inconsistent with Parkingbees ownership of Parkingbees IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.
Uptime
Parkingbees makes no guarantees with respect to the availability or
uptime of the Parkingbees Site, Mobile App and the API, the Parkingbees Content or the Database. Parkingbees may conduct
maintenance on any of the foregoing at any time with or without notice
to you.
Termination of Usage
User access to all or part of this Site and Mobile App may be terminated
or suspended at any time, without notice and for any reason.
Disclaimer and Liability
The Site, the Site Content, the Mobile App, the API, the DataBase, and
any other materials and products on this Site are provided "as is" and
without warranties of any kind, whether express or implied. We assume no
responsibility for the accuracy of any information contained on our
Site and Mobile App for any interruptions or errors in accessing our
Site and Mobile App, or for any viruses or other harmful components
contained on our Site, Mobile App or the server from which our Site,
Mobile App is made available. We make no warranties or representations
regarding the use of the materials in this Site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES
OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED
THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF
PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE AND MOBILE APP, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Parkingbees liability to you or anyone else in any circumstance is limited to the lesser of (a) Rs 100, and (b) the total INR amount of all parking booked via Parkingbees in the 1 month prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
Copyright Complaints
If you believe this Site or Mobile App
contains any content that infringes your copyright, please contact our
Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Site or the Mobile App
- Your address, telephone number and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf
To contact our Copyright Agent, please email info@parkingbees.com
Governing Law
This Agreement shall be governed by and interpreted in accordance with
the laws of High Court of Bangalore, Karnataka, India, without regard to
its provisions governing conflicts of law. If we allege that you have
infringed or threatened to infringe our intellectual property rights,
then, in addition to any other rights and remedies we may have, we may
seek any preliminary or permanent injunctive relief from any court of
competent jurisdiction. You submit to the exclusive jurisdiction of the
high court located in Metro Manila, Philippines.
Modification
Parkingbees may at any time modify these Terms of Use and your
continued use of this Site and Mobile App will be conditioned upon the
terms and conditions in force at the time of your use.
Part 2: Additional Terms & Conditions Specific to Buyers
Booked Parking Usage
Users who book parking through the Site or the Mobile App ("Buyers")
must present the Parkingbees parking pass in accordance with the
instructions included with the booking to receive their guaranteed
parking space on the day of reservation. If the Buyer does not present
the parking pass to the Seller, the driver will not get credit for their
online payment and this online payment will not be refunded at a later
date.Buyers are responsible for ensuring they arrive at their booked parking location. Parkingbees is not liable for road closures or changing traffic conditions.
The parking booked is valid only for the times listed on the parking pass.
If a parking facility allows tailgating on its premises, it is the customer's responsibility to comply and check any local city ordinance codes on what is permissible (e.g. no open flames, no cooking, etc.).
Resale of Parkingbees parking passes is not permitted.
Cancellations and Refunds
Parking booked through Parkingbees Mobile App or website is fully
refundable up to 24 hours before the start of the reservation unless
noted otherwise. Parking customers can cancel their booking for any
reason before this time. Cancellations must be submitted to the Parkingbees Mobile App, and are not accepted via phone or email.
Parking booked via Parkingbees partner websites or the Mobile App is
not refundable for any reason.After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.
Event Cancellations and Contigent Events
Unfortunately, the circumstances surrounding postponed events are
unpredictable. Although we will try to help you resolve your parking
situation, we are not responsible for postponed events, partial
performances, or venue, date, or time changes. No refunds will be
issued.After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.
Pricing and Lowest Price Guarantee
All parking prices on Parkingbees Sites or Mobile app are set directly by the parking owner, not Parkingbees.Parking advertised on Parkingbees website or mobile app as "Lowest Price Guaranteed" is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as "Lowest Price Guaranteed" may differ from the drive-up rates, if available.
Part 3: Additional Terms & Conditions Specific to Buyers
Order of Precedence
In the event that a Seller has entered into a separate written Seller
Agreement with Parkingbees and such Seller Agreement includes terms or
conditions that conflict with the terms and conditions in this Part III,
the terms and conditions of the Seller Agreement shall govern.
Seller Console
Subject to the terms and conditions of these Terms of Use, Parkingbees hereby grants you a non-exclusive, non-transferable, non-sublicensable,
revocable license to use the Seller Console and the information Parkingbees provides or makes available to you in connection therewith,
solely for internal business purposes. You will not (and will not
permit any third party to) make any use or disclosure of the Seller
Console that is not expressly permitted under this Agreement. Without
limiting the foregoing, you will not (and will not permit any third
party to): (i) reverse engineer, decompile, disassemble, or otherwise
attempt to discern the source code, algorithms, file formats or
interface protocols of the Seller Console or of any files contained in
or generated by the Seller Console; (ii) copy, modify, adapt or
translate the Seller Console, (iii) resell, distribute or sublicense the
Seller Console, make the Seller Console available on a "service bureau"
basis, or otherwise allow any third party to use or access the Seller
Console, (iv) remove or modify any proprietary marking or restrictive
legends placed on the Seller Console; or (v) use the Seller Console in
violation of any applicable law or regulation. As between Parkingbees and you, Parkingbees retains title to and ownership of the Seller
Console, including all copyrights and other intellectual property rights
relating thereto. You will have no rights with respect to the Seller
Console other than those expressly granted under this Agreement.
Fullfillment
By listing parking for booking on Parkingbees, the Seller agrees to
honor any parking sold. All information provided in the Parkingbees
listing must be accurate. If the Seller cannot fulfill the parking space
or false information about the parking is provided, Parkingbees will
hold the Seller liable to reimburse the Buyer for their expense.Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your Parkingbees account. Parkingbees maintain the right to request proof of ownership to verify your authority to sell parking at a particular location.
Payment
Parkingbees guarantees payment to the Seller for all bookings fulfilled
by the Seller. Payment will be issued in the form of a printed check or
electronic bank transfer at the Seller’s request and will be processed
in no more than 30 business days.
Taxes
Seller assumes sole responsibility for filing and paying all relevant
state and local taxes, except income taxes, on transactions originated
by Parkingbees, and shall include any applicable taxes in the Base
Price set by Seller in the Seller Console. Parkingbees shall have no
obligation to collect or remit any tax amounts. Seller shall indemnify Parkingbees and hold Parkingbees harmless from and against all state
and local taxes, except income/service taxes, imposed on Parkingbees
that relate to transactions originated by Parkingbees.
Contact Information
The Buyer name and contact information is provided to Sellers for the
sole purpose of ensuring the parking booking is fulfilled and may not be
used by the Seller for any other purpose.Sellers must submit a phone number for each parking location they list on Parkingbees. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller's expense if this number is not answered during the parking reservation period.