1.1 The website at www.parkable.com and any present or future affiliated or related mobile application (our "Platform") is operated by Parkable UK Limited ("we", "us", "our"), a company incorporated and registered in England and Wales with company number 13652136 and whose registered office is at PO BOX 501, The Nexus Building Broadway, Letchworth Garden City, Hertfordshire SG6 9BL, England, and its related entities, including:
(i) Parkable Limited, a company incorporated in New Zealand with company 5645728 and whose registered office is at 14 McDonald Street, Morningside, Auckland, 1025 New Zealand;
(ii) Parkable Holdings Limited, a company incorporated and registered in New Zealand with company number 7402376 and whose registered office is at 14 McDonald Street, Morningside, Auckland, 1025 New Zealand; and
(iii) and Park Genie Pty Limited, a company incorporated and registered in Australia with business number (ABN) 12617768233 and whose registered office is at 44 Fisher Street, East Brisbane, Queensland, 4169 Australia.
1.2 Our Platform helps Hosts create, list and host Parking Spaces with the intention of Parkers being able to discover, book, share, manage and use private car parks around the world.
1.3 At present, our Platform in the United Kingdom is intended for business users only. You may not access or use the Platform in your capacity as a consumer (as defined in the Consumer Rights Act 2015). Accordingly, you agree that your access and use of our Platform is for purposes that are wholly or mainly within your trade, business, craft, or profession.
1.4 These general terms and conditions ("Terms and Conditions") will apply to anyone who views or uses the Platform in the United Kingdom ("you") and to all services provided, arranged or managed by Parkable to or for you when using the Platform in the United Kingdom ("Services"). If you use the Platform outside of the United Kingdom, please refer instead to our terms and conditions for the relevant territory.
1.5 Whether you register an account with us or not, you will be bound by these Terms and Conditions in full. These general Terms and Conditions apply to any Services that we provide to you.
1.6 If you wish to book a parking space that is publicly advertised through the Platform you will also need to enter into the Licence Agreement directly with the parking space Host (on whose behalf we act as an agent) and you will be bound by the Parker Agreement.
1.7 If you are a private parking space host and you wish to offer your parking space to the public through Parkable you will be bound by the Licence Agreement and our Host Agreement. You may also elect to offer rewards in which case you will be subject to our Reward Terms.
1.8 Parking spaces that are offered by hosts by way of an invitation to private parkers who become “members” of the carpark are subject to private contract arrangements between the host and parker. This includes carparks where access is restricted to Parkers who access Parkable using single-sign on and selected email domains permitted by the host.
1.9 Parkable is not a party to or involved with private contract arrangements, including private Licence Agreements or Parker Agreements, and accordingly, subject to clause 6.1 of the general Terms and Conditions, you 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") from 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 in connection with the provision of the Parking Space or representations made by Host or Parker to the other.
1.10 You will also need to enter into an Enterprise Agreement with us, and you will be known as an "Enterprise Client" if you are a private host and you wish to
1.10.1 restrict access to a private group of member Parkers; or.
1.10.2 access additional Parkable services including provision of signage, hardware, managed services, specific features not generally available, or access control.
1.11 These Terms and Conditions, the Licence Agreement, Parker Agreement, Host Agreement, Reward Terms and Enterprise Agreement (collectively, as applicable to you, the "Agreement") may be amended from time to time (subject to clause 21.5 of the Host Agreement,, the provisions of which shall prevail over any inconsistency or conflict with this clause 1.11). Notification of any changes will be made by posting new terms onto the Parkable website. In continuing to use the Platform you confirm that you accept the Agreement in full at the time you use the Platform.
2.1 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.
2.2 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 Platform.
2.3 You will be asked to create a password when registering a new account, unless you have been registered using a third party account or authentication process. We recommend that you keep your password confidential and do not disclose it to any third party. We will not be held responsible for any action taken by any third party to whom you have shared your password. If you believe a third party has become aware of your password and is using your account without authorisation, notify us immediately and we will suspend or close the Account at our discretion.
2.4 You may terminate your account at any time via the Platform.
2.5 We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms and Conditions or any agreement with Parkable.
3.1 You agree that any information you supply will be true and accurate and will be kept up to date at all times.
3.2 You may not use the Platform or our Services for any unlawful purpose.
3.3 You may not use the Platform to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
3.4 We reserve the right at our discretion to remove any content from the Parkable Platform, terminate your registration or membership and restrict your access to our Services at any time for any reason.
3.5 We grant you a limited, non-exclusive and revocable licence to access and make personal use of our Platform, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
3.6 If we tell you that you are no longer entitled to access the Services you will not be entitled to register again and you will no longer have permission to use the Platform.
3.7 Without limiting any other right or remedy available to us, we may restrict or suspend your access to the Services where you (including personnel if you are an Enterprise Client) undermine or attempt to undermine the security or integrity of the service of Platform.
3.8 When accessing the Services, you and, if you are an Enterprise Client, you and your personnel, must:
a) not impersonate another person or misrepresent authorisation to act on behalf of others or Parkable;
b) correctly identify the sender of all electronic transmissions;
c) not use, or misuse, the Services in any way which may impair the functionality of the Platform or impair the ability of any other user to use the Service;
d) not attempt to view or access any material or data other than that to which the you are authorised to access;
e) neither use the Service in a manner, nor transmit, input or store any data, that breaches any third party right (including intellectual property rights and privacy rights) or is objectionable, incorrect or misleading; and
f) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer program used to deliver the Service except as is strictly necessary to use it for normal operation.
3.9 If you are an Enterprise Client:
a) the Services must be used solely for your own business purposes; and
b) you acknowledge that a breach of these Terms and Conditions and/or any other agreement with Parkable by your personnel is deemed to be a breach by the Enterprise Client.
3.10 You are responsible for procuring all licences, authorisations and consents required for you, and your personnel if you are an Enterprise Client, to use the Services, including to use, store and input data into, and process and distribute data through, the Services.
4.1 We may suspend your account at any time should you be in breach of these Terms and Conditions or any agreement with Parkable. 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.
4.2 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 any new account you may have created.
4.3 We may terminate any agreement you have with Parkable and your account at any time if:
a) you are in breach of these Terms and Conditions or any agreement with Parkable; or
b) we suspect that you are about to commit a breach of these Terms and Conditions or any agreement with Parkable; or
c) you become or we suspect that you are about to become insolvent.
4.4 Upon termination you will no longer be able to use our Platform or Services or make bookings through us. If when we terminate your agreement with Parkable you have any outstanding bookings for which you have made pre-payment, we may refund you accordingly (subject to our right to recover losses caused by any breach by you).
4.5 In the event of termination, these Terms and Conditions or any agreement with Parkable will survive such termination and continue in full force inso far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).
4.6 If you use our Platform as a Host and your access to the Platform is restricted or suspended or your account with us is terminated or deactivated, we will inform you within 30 days of the reasons for this.
5.1 Users of the Platform are not authorised to directly advertise to or solicit the custom of other users without our express written consent.
5.2 You are not entitled to resell or commercially exploit the Platform'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.
5.3 If we believe that you are sending unsolicited emails to our users then we reserve the right to immediately terminate your use of the Platform without limiting any other rights and remedies we may have.
6.1 Nothing in these Terms and Conditions (or in the Parking Space Licence Agreement, Parker Agreement, Host Agreement, or Enterprise Agreement) with you shall limit or exclude your or our liability for:
6.1.1 death or personal injury resulting from negligence; or
6.1.2 fraud or fraudulent misrepresentation;
6.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
6.1.4 any other matter for which it would be unlawful for us or for you to exclude liability.
6.2 The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the fullest extent permitted by law (and subject to clause 6.1 above), 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.
6.3 Subject to clause 6.1 above, our total liability to you arising directly or indirectly out of, under, due to, or in connection with the Agreement (whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise), shall in all circumstances be limited to the total value of all sums payable by you to us under the Agreement in respect of Services actually supplied by us to you (whether or not invoiced to you).
6.4 We will not be in breach of the Agreement nor will we be liable for delay in performing, or failure to perform, any of our obligations under the Agreement if such delay or failure result from events, circumstances, or causes beyond our reasonable control.
6.5 Although we aim to offer you the best service possible, we make no promise that the Services on the Platform will meet your requirements. We cannot guarantee that the Services will be fault-free.
6.6 From time to time it may be necessary to restrict or suspend access to the Platform for a period of time and any such interruptions shall not constitute a breach by us of these Terms and Conditions. We will attempt to restore the Platform as soon as we reasonably can.
6.7 Subject to clause 6.1 above, we shall not under any circumstances whatsoever be liable to you or any third party (whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise) for any following losses (to the extent they arise directly or indirectly out of, under, due to, or in connection with the Agreement):
6.7.1 loss of or damage to goodwill or reputation;
6.7.2 loss of business opportunity or agreements in contracts;
6.7.3 loss of anticipated saving;
6.7.4 loss of profit;
6.7.5 any loss arising out of the lawful termination of the Agreement (or any part thereof);
6.7.6 loss or corruption of software, data, or information; or
6.7.7 special, indirect, or consequential loss or damage.
6.8 Subject to clause 7 of this General Agreement (which shall prevail over any inconsistency with this provision), Parkable may amend or terminate the Platform or Services from time to time for any reason, in which case you will be given notice of this and the date from which the relevant amendment(s) or termination applies.
7.1 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 required 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. Please note that if you do not request destruction or return of your confidential information following termination, we will continue to hold that confidential information (subject to our obligations under applicable laws).
8.1 All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these Terms and Conditions, 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.
10.1 All intellectual property rights (including copyright and all worldwide rights conferred under statute, common law or equity relating to inventions, registered and unregistered trademarks and designs, data, databases, confidential information, know how and all other rights resulting from intellectual property) in the Platform and Services provided by Parkable is and remains the property of Parkable (and its licensors). You will not dispute ownership.
10.2 To the extent that you submit, post, or upload any user-generated content on or to our Platform, including but not limited to photographs, text, social media handles or account names, messages, images, graphics, or video ("Content"), you hereby grant to us and our related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates ("Licensees") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use such Content in any manner to be determined in the relevant Licensee's sole discretion, including but not limited to on any Licensee's webpages and social media pages, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, even following termination of your registration or membership. The Licensees may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible your Content in any manner in their sole discretion, with no obligation to you whatsoever. You agree to waive any and all moral rights that you have in the Content.
10.3 We do not screen 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. You must not 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 and 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.
10.4 No part of our Platform may 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 our Platform 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 our Platform without our express written consent.
10.5 Accept as set out in clause 7 and clause 10 of this General Terms and Conditions, we acknowledge that we are granted no right, title, interest or licence under this Agreement to any intellectual property rights belonging to you or your licensors.
11.1 From time to time we may offer a referral service to attract registered users to the Platform.
11.2 To be eligible for the "Referral Reward Programme":
11.3 We reserve the right to terminate the referral programme or change the terms at our own discretion at any time.
11.4 All questions or disputes regarding eligibility for the referral programme or the eligibility of rewards for accrual will be resolved by Parkable in its sole discretion.
12.1 Each of the parties warrants its power to enter into these Terms and Conditions, the Licence Agreement, Parker Agreement, Enterprise Agreement and/or the Host Agreement (together, as applicable, the "Agreement"), as applicable, and has obtained all necessary approvals to do so.
12.2 You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these Terms and Conditions or any 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 the Agreement and rendered ineffective as far as possible without modifying the remaining provisions of the Terms and Conditions or any Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Terms and Conditions or any Agreement.
12.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions and/or any other part of the Agreement (or of which we have the benefit under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. No right, power or remedy in these Terms and Conditions or the Agreement that is available to you or us excludes any other right, power, or remedy available to you or us.
12.4 We may make changes to the format of the Platform, Services provided or to the Platform's content at any time without notice.
12.5 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
12.6 We may charge interest on overdue amounts owed to us, accruing on a daily basis from the due date to the date of payment until and including the date of actual payment, whether before or after judgement, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time).
12.7 The Agreement (as defined in clause 6.3 above) constitutes the entire agreement between you and us and supersedes all previous agreements, understandings, and arrangements between you and us (whether in writing or oral) in respect of its subject matter. You and we both acknowledge that neither you nor we have entered into the Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Agreement. Neither you nor we shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this Agreement.
13.1 The validity, construction, and performance of the Agreement, and all contractual and non-contractual matters arising out of it, shall be governed by English law and shall, subject to the next sentence, be subject to the exclusive jurisdiction of the English courts, to which you and we both submit. Notwithstanding the foregoing, nothing in the Agreement shall prevent us from bringing any proceedings in connection with the Agreement or any matters arising out of it in the courts of New Zealand.
14.1 If at any time you would like to contact us with your views about our terms and conditions, you can do so by emailing us at email@example.com.