Terms & Conditions

1. Introduction

1.1 For public parking: These general terms and conditions (“Terms and Conditions”) will apply to anyone who views or uses the Platform as a public parker ("you") and to all services provided, arranged or managed by Parkable to or for you when using the Platform (“Services”) in the United States.

1.2 For private parking as defined by any enterprise agreement or master services agreement between your employer, or your landlord and us, then your use of the platform is governed by both that enterprise agreement and our privacy policy, and these general terms and conditions shall not apply

1.3 The website at www.parkable.com and any present or future affiliated or related mobile application (our "Platform") is operated by 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, and its related entities (“Parkable”, "we", "us", "our"), including:

(i) 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;

(ii) Parkable UK Limited, 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;

(iii) Parkable USA Inc, a company incorporated and registered in Delaware, USA with corporation number 61-2036496 and whose registered office address is at 651 N Broad St, Suite 201, Middletown, New Castle, DE 19709; and

(iv) 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.

1.4 Our Platform helps private owners or managers of carparks (“Hosts”) create, list and host Parking Spaces with the intention of registered Parkable users with vehicles (“Parkers”) being able to discover, book, share, manage and use private car parks around the world.

1.5 Whether you register an account with us 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 how we use your personal information.

1.6 If you are a private parking space host and you wish to manage your parking space with us you will be bound by the Parking Space Licence Agreement and our Parking Space Host Agreement.

1.7 If you wish to offer your parking space to the public through Parkable you will be bound by the Licence Agreement (between you and the Parkable users who book your Parking Spaces) and the Host Agreement (between you and Parkable).

1.8 If you elect to offer or receive rewards you will be subject to the Reward Terms (between you and Parkable).

1.9 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.

1.10 Parkable is not a party to or involved with private contract arrangements, including private Licence Agreements or Parker Agreements, and accordingly, 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.

1.11 You will also need to enter into an Enterprise Agreement or Master Services Agreement with us, and you will be known as an "Enterprise Client" if you are a private host and you wish to :

1.11.1 restrict access to a private group of member Parkers; or.

1.11.2 access additional Parkable services including provision of signage, hardware, managed services, specific features not generally available, or access control.

1.12 These Terms and Conditions, the Parking Space Licence Agreement, Parker Agreement, Host Agreement and Enterprise Agreement may be amended from time to time. 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  Terms and Conditions and any relevant agreements in full at the time you use the Platform.

1.13 By registering or otherwise accessing the Platform or using the Services, you expressly represent that you are legally competent to enter into, and agree to be bound by, these Terms and Conditions any other agreements applicable to your use of the Services. If you do not agree to be bound by the Terms and Conditions or any other applicable agreement, you may not use the Platform or Services.

1.13 By registering or otherwise accessing the Platform or using the Services, you expressly represent that you are legally competent to enter into, and agree to be bound by, these Terms and Conditions any other agreements applicable to your use of the Services. If you do not agree to be bound by the Terms and Conditions or any other applicable agreement, you may not use the Platform or Services.

2. Registration

2.1 You may not have more than one registration for a single user on the Parkable platform 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. Use and abuse of the platform

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 license 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 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 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 licenses, 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. Account termination and suspension

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 in so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability, damage and dispute resolution).

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. Advertising and commercial use

5.1 Users of the Platform are not authorised to directly advertise to or solicit the business 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. Our liability

6.1 Our services and the material displayed on the website or platform are provided without any guarantees, conditions, or warranties as to their accuracy, and are provided on an "as is" basis. To the fullest 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, including any warranties that the platform, services, and software, content, and information distributed through the platform are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. No oral or written information or advice given by us or a representative shall create a warranty.

6.2 Further, you acknowledge and agree that we shall have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, or consequential (including any loss of data, revenue or profit or damages arising from personal injury/wrongful death), arising with respect to your use of the platform or services, even if we have been advised of the possibility of such damages, and to the extent we are not able to limit our liability as such, our liability is limited to, at our option, supplying the services again, or paying the costs of having the services supplied again.

6.3 Some jurisdictions do not permit the exclusion of certain warranties and/or damages, so some of the foregoing exclusions may not apply to you.

6.4 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, 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.

6.5 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).

6.6 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.

6.7 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.

6.8 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.

6.9 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):

6.9.1 loss of or damage to goodwill or reputation;

6.9.2 loss of business opportunity or agreements in contracts;

6.9.3 loss of anticipated saving;

6.9.4 loss of profit;

6.9.5 any loss arising out of the lawful termination of the Agreement (or any part thereof);

6.9.6 loss or corruption of software, data, or information; or

6.9.7 special, indirect, or consequential loss or damage.

6.10 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.

6.11 You agree to defend (at Parkable’s option), indemnify, and hold Parkable harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Platform or Services or any breach by you of these Terms and Conditions. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

7. Confidentiality

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).

7.2 If you terminate the Agreement with us and your account is deactivated or deleted, we will still hold any information you have provided to us and you will not have access to that information. If any such information constitutes confidential information, you can request the return or destruction of that confidential information under clause 7.1 above. If any such information includes personal data, we will continue to retain such personal data in accordance with our Privacy Policy, Our affiliates, related companies, staff, and business suppliers that we engage may have access to this information from time to time to enable us to provide our Services and to enable us to comply with our legal and regulatory requirements.

8. Communication and data protection

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.

8.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

9. Other sites and linking

9.1 The Platform may include links to other websites or material which are beyond our control. We are not responsible for content on any site outside the Platform.

9.2 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.

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

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

10. Intellectual property

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, world-wide, unlimited, 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 any media or medium, or any form, format, or forum now known or hereafter developed, 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 your user-generated 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 Save 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 license under this Agreement to any intellectual property rights belonging to you or your licensors.

11. Dispute Resolution

11.1 By using the Platform or Services, you and Parkable agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform or Services or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

11.2 Notice shall be sent to:

• 11.2.1 Us, at ATTN: Parkable Limited, 14 McDonald St, Auckland 1025, New Zealand and support@parkable.com.
• 11.2.2 You, at the mailing address or email address we have on file for you or as specified as the address for notice in the Enterprise Agreement, if applicable. If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

11.3 Both you and Parkable agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

11.4 The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable. For the avoidance of doubt, you and Parkable agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator shall issue a written decision and may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

11.5 Notwithstanding the foregoing, in lieu of arbitration either you or Parkable may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

11.6 You agree that the provisions in this clause will survive any termination of the Terms and Conditions.

11.7 You remain solely responsible for all applicable taxes, fees and surcharges set forth on your invoice.

12. General

12.1 Each of the parties warrants its power to enter into these Terms and Conditions, the License Agreement, Parker Agreement, Enterprise Agreement and/or the Host 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 Parkable may charge interest on overdue amounts owed to us. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by Parkable’s primary trading bank as at the due date (or, if Parkable’s primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.

12.7 The Agreement (as defined in clause 1.11 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. Governing Law

13.1 These Terms and Conditions have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of Delaware, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Deleware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

13.2 You and Parkable acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

13.3 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. Claims of Copyright Infringement

14.1 We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on the Platform, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.”

14.2 The contact information for our Designated Agent is as follows: c/o Parkable Copyright, 14 McDonald St, Auckland 1025, New Zealand (mail); +64 9 320 3418 (telephone); support@parkable.com (email).

14.3 To be effective, the notification must be a written communication that includes the following:

14.3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

14.3.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

14.3.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

14.3.4 Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;

14.3.5 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;

14.3.6 A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.4 When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Platform, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

14.4.1 Your physical or electronic signature;

14.4.2 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

14.4.3 A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

14.4.4 Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

14.5 In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

15. Further questions

15.1 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 support@parkable.com.

15.2 California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs with concerns of questions by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Parkable Essentials

16.1 Parkable Essentials is $49USD in all regions served by Parkable except AU ($49 AUD) NZ ($49 NZD) and UK (£49 GBP). Pricing excludes sales tax.

16.2 Fees are accrued from the Start Date and are charged on a monthly basis. Fees are non-refundable, including if you only use part of a month's subscription for the Parkable Software Services. Unless required by law, we will not provide refunds in connection with Parkable Services.

16.3 Parkable may change the fees for products and services by providing no less than 60 days' notice

16.4 This Agreement is for a duration of 1 month from the date of initiation. It will automatically renew for successive terms of 1 month on completion of the initial term and each subsequent term thereafter, unless otherwise terminated in accordance with this Agreement.

16.5 This Agreement may be terminated by either party by giving notice to the other by providing no less than 30 days' notice

17. Change history

1. This agreement

1.1 This agreement is between the Parker ("Parker") who has booked a parking space through our Platform and the owner or operator ("Host") of the parking space(s) ("the Parking Space") which has been licensed and applies together with the Terms and Conditions and any other applicable terms relating to the Services we provide to you, including (as applicable) the Parker Agreement, Host Agreement, and Enterprise Agreement (together, the “Agreement”). Unless specified otherwise, the definitions in the Terms and Conditions have the same meaning in this agreement.

1.2 The parties, details of the Parking Space and the proposed license period ("License Period") are set out in the parking space listing on the Platform and accepted on confirmation of the booking.

1.3 The Host grants a licence to the Parker to use and occupy the Parking Space during the License Period as set out in the confirmation email.

1.4 The Host may grant a licence to the Parker to use and occupy the Parking Space or multiple Parking Spaces for an extended License Period of one week or one month at a time (“Permit Parking”) as set out in the confirmation email.

1.5 The Host represents and warrants that it is the owner of the 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 the Platform.

1.6 No public parking spaces are permitted to be listed on the Platform.

1.7 The Parker agrees that they are responsible for ensuring that any person they allow to drive the vehicle to the Parking Space complies with this Agreement.

1.8 The Host 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 this agreement.

1.9 Parkable is the Host's agent for the purpose of this agreement but is not the Host. This agreement is solely between the Parker and the Host (for details of the terms which apply between the Parker and Parkable, see the Parker Agreement and for the terms which apply between the Host and Parkable, see the Host Agreement). Parkable is an intended third-party beneficiary of this Agreement, and may enforce its rights under this Agreement. Accordingly, Parkable is entitled to exercise specified rights under this License Agreement in its own right, but it shall have no contractual obligations or liability to the Parker or the Host under this Agreement.

2. Booking and payment

2.1 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.

2.2 All bookings and payments will be made in accordance with the Parker Agreement and Host Agreement.

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

2.4 The Parker and the Host acknowledge that payments to the Host will be subject to deductions for charges and fees (i) in relation to the processing of payments by banks and other merchants such as Stripe and (ii) by, or on behalf of, the party that is the owner or tenant in respect of the relevant Parking Space (typically being the employer of the person making the payment).

3. Cancellation by parker

3.1 All bookings are made subject to our cancellation policy set out below ("Cancellation Policy").  The Parker and the Host each agree to comply with the Cancellation Policy, and authorize Parkable to administer the Cancellation Policy, if necessary, by making refunds.

3.2 The Parker may cancel the booking via the Platform or by contacting the Parkable support team.

3.3 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.

3.4 The Parker can cancel a Permit Park by giving minimum notice of one payment period (one week or one month).  The Parker will be charged for the final payment period and will have use of the Parking Space during this time.

3.5 If there are exceptional circumstances beyond the reasonable control of the Parker and the Parker no longer requires the Parking Space, the Parker may contact Parkable and request an exceptional cancellation and may receive a refund. 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).  Each party agrees that the decision of Parkable will be binding.

4. Cancellation by host

4.1 The Host agrees to honour all bookings.  The Host may cancel a Parker’s booking if the parking space will no longer be available through the Parkable platform, on the condition of providing due notice.  If there are current Parker bookings, the Host must provide due notice being the earlier of five working days, or one payment period (weekly or monthly) for Permit Parking.

4.2 If the Host needs to cancel the Parker's booking without due notice as a result of exceptional circumstances beyond the Host's reasonable control, the Host will contact Parkable. Parkable will contact the Parker and endeavour to find a suitable alternative parking space to be provided by another registered Parkable Host. Parkable makes no guarantees or warranties that alternative parking will 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.

4.3 The Host agrees that if they cancel a Parker's booking without due notice 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 be liable for any additional cost which is payable by the Parker for suitable alternative parking arrangements (up to a maximum of $50 (USD) per day).

4.4 The Parker and the Host agree that whether or not a 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 a matter to be referred to Parkable, who will decide on the amount of the compensation (if any). Each party agrees that the decision of Parkable will be binding.

5. End of license period

5.1 At the end of the License Period, the Parker must vacate the Parking Space and cease using the Parking Space. The exact departure time from the Parking Space will be as notified by the Parker and accepted by the Host (both via the Platform). If the Parker notifies a departure time that is after the actual departure time, this will be deemed a breach by the Parker.

6. Breach by parker

6.1 If the Parker breaches this License Agreement, the Parker may be liable to pay the following amounts (as applicable) as liquidated damages to the Host and to Parkable, as follows:

• Up to 2 times the hourly rate for every additional hour stayed up to the daily rate and then the Parker will be charged at two times the daily rate. Any minutes under 1 hour will be charged as 1 hour.
• An additional charge of up to $65 (USD) to reflect administration costs of enforcing this License Agreement.
• Any additional costs incurred by the Host (including any towing or relocation fees) as a result of the overstay up to a maximum of $500 (USD) or as otherwise advertised at the Parking Space (or in the car park where the Parking Space is located).

6.2 The above amounts represent a genuine pre-estimate of the Host’s and Parkable’s loss in the event of a breach by the Parker of this License Agreement and do not impose a detriment on the Parker that is disproportionate to the legitimate interests of the Host and Parkable in the enforcement of this License Agreement (and are without prejudice to the Parker’s obligation to fulfil its obligations under this License Agreement if it is reasonably able to do so).

6.3 Parkable partners with other enforcement agencies to monitor the Parking Spaces under the Agreement. The Parker agrees to comply with any specific terms and conditions notified at the Parking Space (or in the car park where the Parking Space is located) related to these agencies.

6.4 The Host agrees to notify Parkable of any breach via the Platform.

6.5 The Parker agrees to notify Parkable of any breach via the Platform.

6.6 The Host has authorised Parkable under the Host Agreement to collect payment of any such additional fees from the Parker on behalf of the Host.

6.7 If the Parker overstays in the Parking Space 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.

6.8 If the Host infringes or tows a Parker that has a legitimate booking and is not in breach of this license Agreement, the Host will refund the Parker for such infringement and/or towing fee.

6.9 The Host and Parker agree to refer the decision to Parkable as to whether any fees or fines will be applied for breach and agree that Parkable's decision will be final.

7. Parker obligations

7.1 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.

7.2 Only the Parker named in the Parkable confirmation email is authorised 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 Parkable 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).

7.3 The Parker represents, warrants and agrees that they will:

• 7.3.1 keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
• 7.3.2 park the vehicle in the Parking Space without obstructing or parking across any adjoining or nearby parking spaces or property;
• 7.3.3 notify the Host or Parkable of any damage to the Parking Space during the License Period as soon as it occurs;
• 7.3.4 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;
• 7.3.5 Not conduct any illegal or immoral activity from the Parking Space;
• 7.3.6 not conduct any business or commercial activity whatsoever from the Parking Space;
• 7.3.7 not use the Parking Space for any purpose other than for parking;
• 7.3.8 maintain insurance on the vehicle as required by applicable law;
• 7.3.9 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;
• 7.3.10 act with courtesy towards the Host;
• 7.3.11 follow the instructions and directions of the Host in relation to the route(s) which provide access to and from the Parking Space; and
• 7.3.12 comply with any terms and conditions stated at the Parking Space (or in the car park where the Parking Space is located).

7.4 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.

8. Host obligations

8.1 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.

8.2 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.

8.3 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.

8.4 The Host represents, warrants, and agrees that:

• 8.4.1 the Parking Space listing is on private property over which the host has legal control;
• 8.4.2 the Parking Space listing is true complete and accurate;
• 8.4.3 they will respond promptly to any enquiries via the Platform that help to direct the Parker to the Parking Space;
• 8.4.4 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;
• 8.4.5 they will use all reasonable endeavours to ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the License Period;
• 8.4.6 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
• 8.4.7 they will act with courtesy towards the Parker and assist and cooperate with the Parker in relation to locating the Parking Space.

9. Complaints, claims and liability

9.1 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 via the Platform. Any agreement reached between the parties may be communicated to Parkable and Parkable is authorised to collect payments from either party (where necessary) under the Host Agreement and the Parker Agreement to give effect to such agreement.

9.2 In the event that a dispute cannot be resolved directly either party may refer the dispute to Parkable or make a complaint about the other. Each party agrees that, where such a matter is referred to Parkable, Parkable’s decision regarding such dispute shall be final and each party agrees to abide by any decision made by Parkable, including requiring refunds to be made or compensation to be paid by either party to the other,

9.3 Clauses 9.1 and 9.2 are without prejudice to either party's rights to bring or settle any claim against the other.

9.4 Neither the Host nor the Parker excludes or limits in any way its liability to the other party for fraud (including fraudulent misrepresentation) or for death or personal injury or for any other liability that cannot be lawfully excluded or limited.

9.5 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 License Agreement, the Parking Space or the License Period however caused and under (and whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation), even if advised of the possibility of such damages.

9.6 The Host's liability to the Parker for all losses (with the exception of damage to property, fraud, or personal injury or death arising as a result of negligence, and subject to clause 9.4 above) 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 (USD).

9.7 The Parker's liability to the Host for all losses (with the exception of damage to property, fraud, or personal injury or death arising as a result of negligence, and subject to clause 9.4 above) will be limited to the amount of the Parking Space fees and charges paid or payable by the Parker plus $500 (USD).

10. General release

10.1 Parkable is not a party to this License Agreement, which is between the Host and the Parker. Accordingly, the 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") 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, may have existed or which may in the future exist between the Host or Parker on the one hand and the Parkable Parties, or any of them, on the other hand in connection with this License Agreement.

10.2 The liability excluded under clause 10.1 excludes situations where fraud, wilful concealment, theft or negligence 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.

11. General

11.1 The Host and the Parker each agree that they have the power and authority to enter into this license Agreement.

11.2 Neither party will be entitled to assign or subcontract their rights or obligations under this agreement (save that the Parker agrees that Parkable, acting as the Host’s agent pursuant to the Host Agreement, may exercise the Host’s rights and discharge the Host’s duties via Parkable on the Host’s behalf).

1. These terms

1.1 This Host Agreement together with the general Terms and Conditions (and other applicable parts of the Agreement) apply to all Services provided or arranged by us, Parkable to or for you as the Host or operator of one or more parking spaces (each a "Parking Space") and recipient of the Services ("you" or the "Host") when using our Platform. Unless specified otherwise, the definitions in the General Terms and Conditions have the same meaning in this Host Agreement.

1.2 This Host Agreement applies only to the provision of Services directly by us to you. This Agreement does 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 License Agreement with such third-party parkers ("Parkers").

1.3 This Host Agreement only applies where your Parking Spaces have been made available through the Platform to members of the public, or where Parkable is providing managed services for your Parking Spaces.

2. Services and listing

2.1 We may advertise your Parking Space on our Platform and provide information to Parkers and prospective Parkers who may wish to use the Parking Space.

2.2 Except where Parkable is providing Managed Services, you will be required to complete your own listing for the Platform.

2.3 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:

• 2.3.1 the address of the Parking Space;
• 2.3.2 clear photo(s) of the parking space;
• 2.3.3 clear instructions so any Parker knows they can park in your space - especially if it is signed as 24 hour tow away;
• 2.3.4 the availability you would like for the park(s);
• 2.3.5 any restrictions on the types of vehicles for which the Parking Space is suitable;
• 2.3.6 any other information or restrictions which apply to the Parking Space which a Parker should be aware of before booking the Parking Space.

2.4 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.

2.5 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.

2.6 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 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.

2.7 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 12 (Your obligations).

2.8 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.

2.9 Where promotional offers and incentives (such as parking vouchers or parking credits) are provided by Parkable for the purpose of growing demand for your parking space(s), you agree to providing your space(s) at your own cost for the purpose of honoring these offers and incentives, and Parkable shall not be liable to you for any cost incurred in providing the spaces.

3. Appointment as agent

3.1 You appoint us as your agent for the term of this Agreement for the purposes of forming binding agreements between you and the Parker to whom you grant a license to use the Parking Space (under the License Agreement). You also appoint us to collect all or part of your license charges from the Parker.

3.2 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 on the terms set out in the License Agreement between you and the Parker, together with any additional restrictions relating to your Parking Space if listed by you in accordance with clause 2.3.

3.3 You may not incorporate any additional terms into the 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 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.

3.4 The 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 contractually liable to you, the Parker or any third party for any breach of the 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.

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

4. Bookings

4.1 You can nominate the times of day and days of week that the Parking Space is available, which may be short term for hourly parking (“Hourly Parking”) or longer term for permit parking (weekly or monthly parking) (“Permit Parking”)

4.2 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 given us at least 5 working days notice for Hourly Parking or one payment period (weekly or monthly) for Permit Parking 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.

4.3 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 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.

4.4 Once we have provisionally accepted a booking on your behalf we will request and issue a 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 License Agreement. We will send you a 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.

5. Parkable payments

5.1 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.

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

5.3 We will accumulate and forward all monies we have received on your behalf, less applicable 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.

5.4 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.

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

5.6 The Host acknowledges that payments to and from the Parker and the Host will be subject to deductions for charges and fees (i) in relation to the processing of payments by banks and other merchants such as Stripe and (ii) by, or on behalf of, the party that is the owner or tenant in respect of the relevant Parking Space (typically being the employer of the person making the payment).

6. Parkable fees

6.1 Parkable reserves the right to adjust our fees. If we do so we will do this in accordance with clause 21.5 below.

6.2 Our fees are determined at the time of listing and are as disclosed by us to the Host at commencement of the listing. In the event no fee is disclosed by us, then a default fee shall be applied of 20%, payable to Parkable for use of our Platform.

6.3 Parkable fees are calculated as a percentage of the total gross transaction revenue paid by the Parker for use of the parking space on the Platform or otherwise managed by Parkable,, and are deducted by Parkable prior to payment being made to the Host.

6.4 Our fees exclude any merchant charges for either the Parker’s credit or debit card payments and we will deduct these fees before making payment to you, the Host. A list of our provider’s charges are available here.

6.5 Chargebacks

6.5.1 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:

6.5.2 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

6.5.3 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); and

6.5.4 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.

7. Price adjustments

7.1 You may modify from time to time the Weekly Payment Amount or Monthly Payment Amount (as defined in the Parker Agreement) in respect of weekly or monthly Permit Parking arrangements by notifying the Parker and us.

8. Cancellation

8.1 You agree to abide by the cancellation policy set out below and in the License Agreement which may be updated from time to time.

8.2 To withdraw a Parking space or Parking site from the Platform you must provide Parkable with at least five working days notice to allow us to notify Parkers and remove any signage or gate access.  If there are current Permit Parking bookings, you must provide notice of one payment period (weekly or monthly).

8.3 Where due notice is not provided, you indemnify Parkable for all costs incurred in order to remove the site from the platform and move Parker(s) to alternative Parking spaces.

8.4 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.

8.5 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.

8.6 We reserve the right to cancel your account and terminate this Agreement if you do not refund a Parker promptly. 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.

9. The parking space

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

9.2 You are responsible for all line marking, cleaning, site safety requirements and compliance and all maintenance requirements.  If Parkable are managing a site on your behalf, we may organise these and oncharge to your account.

9.3 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, body corporate 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.

9.4 You give Parkable authorization to monitor and review the Parking spaces in order to provide recommendations and ensure compliance with standards.

9.5 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 10.3 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.

10. Regulatory and planning approvals

10.1 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.

10.2 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 the Agreement and/or your License 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 Host Agreement and remove the Parking Space from the Platform.

10.3 You agree that, subject to clause 6.1 of the general Terms and Conditions, 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 our Platform. If you do not have the necessary approvals referred to in clause 9.3, 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.

11. Your obligations

11.1 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;
• use your best endeavours 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.

11.2 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.

11.3 You agree to use Parkable as your exclusive agent during the term of the Agreement for the purposes of making and accepting bookings of Parking Spaces from Introduced Parkers. For the purposes of this clause an “Introduced Parker” means any person who:

11.3.1 has made a booking of your Parking Space through Parkable; or

11.3.2 has made an enquiry about your Parking Space through Parkable (whether or not such person completed a booking); or

11.3.3 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

11.3.4 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”).

11.4 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.

11.5 If 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 11.5 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.

12. Debit or credit card details

12.1 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 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.

13. Complaints and disputes

13.1 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.

13.2 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.

13.3 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 we are authorized to deduct sums from the debit or credit card details you have supplied (up to a maximum of $500 (USD) per claim or dispute) in order to settle a dispute with a Parker.

14. Publicity

14.1 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. 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 your business name or trading name and logo 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.

15. Termination

15.1 Subject to any Enterprise Agreement, either party may terminate this Agreement at any time with 5 days’ notice if there are no current or outstanding bookings. If there are current Parker bookings, you must comply with our cancellation policy set out in clause 8 of this Agreement.

15.2 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.

15.3 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 licence to use the Parking Space;
• you cancel a booking other than in accordance with the Cancellation Policy;
• you refuse to cooperate with us in respect of this Agreement; or
• if any bookings are outstanding on termination by us under this clause 15.3 then clause 15.5 will apply.

15.4 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).

15.5 In the event that:

• this Agreement is terminated by you without the required notice and existing bookings cannot proceed; or
• this Agreement is terminated by us under clause 15.3 while there are existing bookings; 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.

15.6 You may also be liable to the Parker (under the 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 15.5, including the Parker's costs of having to make alternative parking arrangements.

16. Insurance

16.1 We may in the future, if requested by you, 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.

17. Disclaimers

17.1 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 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 our Platform or Services.

17.2 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.

17.3 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.

18. Your liability

18.1 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 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 Website caused damage to a third party;

(v) your violation of any law; or

(vi) your breach of the 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 provision to defend and indemnify Parkable Indemnities.

19. Limitation of liability

19.1 Subject to clause 6.1 of the general Terms and Conditions, 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 unauthorised 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

19.2 For the avoidance of doubt, the liability excluded under clause 19.1 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.

19.3 You acknowledge and accept that Parkable is not a party to the License Agreement, which is an agreement between you as the Host and the Parker. 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 License Agreement.

19.4 For clarity, the exclusions and limitations of liability stipulated in the general Terms and Conditions apply in relation to Services provided by us under this Host Agreement.

19.5 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 Platform.

19.2 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.

20. Non-solicitation

20.1 You shall not during the term of this Agreement attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, employee, 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 in respect of any license of any of the Parking Spaces.

21. Additional Information

21.1 We do not use any other channels or affiliate programmes to market or promote your Parking Spaces or their availability.

21.2 We do not rank Parking Spaces provided by Hosts on the Platform. Parkers who use our Platform to search for Parking Spaces are shown details of available Parking Spaces within their selected radius and are shown the proximity of each Parking Space to their chosen location. No preferential treatment is given to any particular Host on our Platform and we do not receive any direct or indirect remuneration from any Host in order to boost the visibility on our Platform of any Parking Space for which they are responsible.

21.3 You are not entitled to sell through our Platform any goods, products, or services that are ancillary to your provision of Parking Spaces for Parkers in accordance with the License Agreement.

21.4 We do not promote any services (including your provision of available Parking Spaces for Parkers) via any sales channels or affiliate programmes other than our Platform.

21.5 If we decide to make changes to the general Terms and Conditions or this Host Agreement (or to any other part of the Agreement) to the extent these affect our contractual relationship with you as a Host, then we will give you at least 15 days’ advance notice (the “Notice Period”) of those changes with details of those changes by email. If you do not agree to those changes, you may terminate the Agreement with us by giving notice to us by emailing support@parkable.com during the Notice Period (in which case, the Agreement will terminate 15 days after the Notice Period). If you do not give such notice to us within the Notice Period, you will be deemed to have accepted the proposed changes.

1. These terms

1.1 This Parker Agreement, together with the General Terms and Conditions (and other applicable parts of the Agreement) apply to all Services provided or arranged by Parkable to or for you, the recipient of the Services ("Parker" or "you") when using our Platform. Unless specified otherwise, the definitions in the general Terms and Conditions have the same meaning in this Parker Agreement.

1.2 This Parker Agreement applies 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"). This Agreement does not apply to the use of any parking space ("Parking Space"). The granting of licenses to use Parking Spaces by Hosts, and the agreement relating to the use of the Parking Space, is dealt with under the terms of the License Agreement (“License Agreement”) which is between you and the Host. You should read the License Agreement carefully.

1.3 The License Agreement for Parking Spaces available to the public through the Parkable platform is found here., For these Parking Spaces only we act as the Host's agent (i.e. on behalf of the Host) 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 the 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, subject to clause 6.1 of the general Terms and Conditions, disclaim all liability in this regard to the fullest extent permissible by law.

1.4 Where you have been invited by a Host to access a Parking Space as a private member of the Parking Space group, the License Agreement will be a private contractual agreement between you and the Host for Parking Spaces and all dealings and terms on the License Agreement must be directed to the Host, with whom you are contracting directly. Parkable makes no effort to review any private License Agreements, including but not limited to for accuracy, legality or non-infringement and Parkable is not responsible for any agreement terms.

1.5 You are responsible for ensuring that any person (an "Authorised Person") you allow to use a Parking Space in respect of which you have been granted a license complies with the terms of this Parker Agreement and the License Agreement. You agree that you are responsible for the conduct of any such Authorised Person.

1.6 The License Agreementand any additional restrictions included in a Host's listing are a contract between you and the Host. We are not a party to that agreement and we will not be contractually liable to you, the Host or any third party for any breach of the License Agreement or otherwise in relation to the Parking Space.

2. Third party accounts

2.1 You can also register to join by logging into your account with certain third-party accounts, a “Third-Party Account” or “TPA”), 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.

2.2 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 or that your Third-Party Account provider makes available to us, so that it is available on and through the Platform, via your Parkable Account and Parkable profile page. Unless otherwise specified in this Agreement, all content provided, if any, will be considered to be Parkable Member Content for all purposes of this Agreement.

2.3 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 such 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.

2.4 PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS. Parkable makes no effort to review any content provided for any purpose, including but not limited to for accuracy, legality or non-infringement and Parkable is not responsible for any content provided.

3. Enquiries, bookings, and payment

3.1 General:

• 3.1.1 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 half an hour before you arrive. If you reserve a park in this manner via the Platform, you are governed by this Agreement and the License Agreement, irrespective of whether you have physically arrived at the Parking Space and commenced parking.
• 3.1.2 The agreement relating to the use of the Parking Space is between you and the Host and will be governed by the License Agreement, a copy of which is available here. You should read the 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.

3.2 How to make bookings:

• 3.2.1 If a Parking Space can be booked 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.
• 3.2.2 Once you have a registered account, 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 confirmation booking via the Platform.

3.3 Payment in Full:

• 3.3.1 For short and medium-term use when we request payment from you, you are required to pay the full amount due in respect of your parking session, irrespective of the details provided at time of booking.
• 3.3.2 For permit parking, you will be required to make a weekly or monthly payment in the amount depending on the options available (the “Weekly Payment Amount” or "Monthly Payment Amount") and at the times set out on the Platform at the time you enter into a booking for a parking space.  The Host may increase the payment amount from time to time and we will notify you accordingly.  In the event that you do not accept such increase to the Weekly Payment Amount or Monthly Payment Amount, you may cancel your booking in accordance with the Cancellation Policy.
• 3.3.3 The Parker acknowledges that payments to the Parker and the Host will be subject to deductions for charges and fees (i) in relation to the processing of payments by banks and other merchants such as Stripe and (ii) by, or on behalf of, the party that is the owner or tenant in respect of the relevant Parking Space (typically being the employer of the person making the payment).

4. Parking spaces

4.1 You agree that the Platform is a platform for managing 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.

4.2 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

5.1 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 License Agreement.

5.2 Unless stated otherwise in this Agreement, 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.

5.3 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, subject to clause 6.1 of the general Terms and Conditions, 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

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

6.2 You must use the vehicle for which the details 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.

6.3 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.

6.4 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. Referral Programme

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

7.2 To be eligible for the "Referral Reward Programme":

• you must have an active user account on Parkable;
• you may not refer yourself to the referral programme;
• the referred user should not already have an account (active or inactive) on the Parkable Platform;
• the referred user must sign up for a Parkable account using the activation link of the referral invitation;
• you won't receive rewards if you're the Parker or Host on a booking with a person you refer. Additionally, if both a Parker and Host are referred by you, you won't receive rewards if they book with one another;
• your rewards will be released approximately two weeks after the qualifying parking space parking session is completed;
• we reserve the right to close accounts of referring or referred users, if these have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these terms or applicable laws;

7.3 We reserve the right to terminate the referral programme or change the terms at our own discretion at any time.

7.4 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.

8. Complaints and disputes

8.1 You agree that if you have any dispute with a 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.

8.2 If a dispute cannot be resolved with the Host directly, you may refer the dispute to us or make a complaint. Similarly, a 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.

8.3 If we determine that a 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 a Host then you are responsible for recovery from the Host.

8.4 If we determine that you should pay an additional amount to a Host (e.g. if there is a breach) then you authorise us on your behalf to deduct payment from the debit or credit card details you have supplied (up to a maximum of USD $500 per claim or dispute).

9. Cancellation and termination

9.1 You agree to abide by the cancellation policy in the License Agreement ("Cancellation Policy").

9.2 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 so in accordance with the Cancellation Policy.

10. Vehicle Duty of Care

10.1 From the moment you park your vehicle in any of our car parks, you agree to our terms and conditions, which apply 24 hours a day, each day.

10.2 Vehicles parked in Parkable car parks at any given time are at the owner’s sole risk in all regards. Whilst we take the utmost care of your vehicle, we cannot guarantee its security, therefore we do not accept any liability or claims for loss or damage to your vehicle or any other vehicle using our car park.

10.3 In order to utilize our parks, you must agree to the following conditions:

• 10.3.1 You must comply with the directions on the app or given by our team within the car park.
• 10.3.2 You must not block or intentionally cause damage to other vehicles using the same car park.
• 10.3.3 If you have accidentally caused damage to another vehicle, please do contact us and leave a message and contact details for the other parker to be able to contact you.

11. Your obligations

11.1 You must:

• 11.1.1 agree to observe and act in accordance with each License Agreement;
• 11.1.2 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;
• 11.1.3 not attempt to contact a Host directly other than as directed in this Agreement or via the Platform;
• 11.1.4 not attempt to book or use any Parking Space advertised on our Platform other than in accordance with this Agreement or with our consent;
• 11.1.5 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;
• 11.1.6 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;
• 11.1.7 maintain insurance on the vehicle with a minimum level required by applicable law;
• 11.1.8 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.

11.2 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.

11.3 You warrant that:

• 11.3.1 you have the power and authority to enter into this Agreement and any agreement with a Host for the use of a Parking Space; and
• 11.3.2 you have a valid driving license, vehicle registration and insurance.

12. Account termination and suspension

12.1 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.

12.2 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 new account you may have created.

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

• 12.3.1 you are in breach of any term of this Agreement;
• 12.3.2 we suspect that you are about to commit a breach of this Agreement;
• 12.3.3 you become or we suspect that you are about to become insolvent.

12.4 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.

13. Non-solicitation

13.1 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.

14. Disclaimers

14.1 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.

14.2 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.

14.3 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.

15. Your liability and indemnity

15.1 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 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 Indemnitees.

15.2 The address of the parking space will always be provided

16. Limitation of liability

16.1 Subject to clause 6.1 of the general Terms and Conditions, 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, and 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 unauthorised 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.

16.2 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.

16.3 For clarity, the exclusions and limitations of liability stipulated in the general Terms and Conditions apply in relation to Services provided by us under this Parker Agreement.

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

16.5 You acknowledge and accept that Parkable is not a party to the License Agreement, which is an agreement between the Host and you as the Parker. 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 License Agreement.

16.6 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.

17. Electric vehicle charging

17.1 We may promote or make visible via the Platform, Parking Spaces with additional services such as electric vehicle charging.

17.2 Where electric vehicle charging is available, you may only use this service when granted consent to do so via the Platform or via direct written agreement with the Host.

17.3 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:

• 17.3.1 you have all necessary connector cables to enable your vehicle to be charged at a charge point;
• 17.3.2 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;
• 17.3.3 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.

17.4 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.

17.5 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 this Agreement by you or your Authorised Person, or for your or your Authorised 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.

17.6 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 Authorised Person suffer any damage, loss or injury whilst using a charge point, you must notify us immediately.

18. Tandem parking spaces

18.1 The Parkable platform allows Parkers in conjoined parking spaces (“Tandem Parking Spaces”) to communicate with each other in order to facilitate parking entry, exit and a good parking experience for all parkers. If you have been allocated a Tandem Parking Space, except in the case where you have opted out under Your Account Settings, you agree that the Platform will provide personal details including your full name, email address, license plate and phone number to another Parker (or Parkers) in the Tandem Parking Space, and you may receive corresponding information on the other Parker(s).

18.2 You agree that the information provided is subject to applicable Privacy Law and is Confidential Information. You agree to keep the information confidential, and not to use the information provided for any purposes other than in relation to a current parking session in order to facilitate parking entry, exit or to communicate an issue with your ability to park to your carpark administrator, the other Parker, or Parkable. A breach of this clause will result in a termination of your registration with Parkable and you agree to fully indemnify the Host and Parkable for any liability due to any breach of this clause.

1. Service fees

Parkers will be charged a service fee each time they make a payment for a public session, sharing pool session or public permit. The service fees charged in each country are as follows:

2. Host Merchant Fee: Payment provider fees for Parkable platform transactions

A credit card charge from the Parkable merchant services provider (Stripe) will be deducted from any payout made to the Client. This charge is not administered by Parkable. These fees may be updated from time to time and are as advised on our website here.

This fee is not applicable to parkers.

Stripe's fees are currently set at:

New Zealand

• NZD $0.30 + 2.7% of the transaction value
• NZD $0.30 + 3.7% of the transaction value for international cards
• NZD $0.25 + 0.25% per payout sent
• NZD $2.00 per monthly active account
• NZD 1.5% per invoice deducted from payout

Australia

• AUD $0.30 + 1.7% of the transaction value
• AUD $0.30 + 3.5% of the transaction value for international cards
• AUD $0.25 + 0.25% per payout sent
• AUD $2.00 per monthly active account
• AUD 1.5% per invoice deducted from payout
  

United Kingdom

• GBP £0.20 + 1.5% of the transaction value
• GBP £0.20 + 3.25% of the transaction value for international cards
• GBP £0.10 + 0.25% per payout sent
• GBP £2.00 per monthly active account
• GBP 1.4% per invoice deducted from payout
  

European Union

• EUR €0.25 + 2.5% of the transaction value
• EUR €0.25 + 3.25% of the transaction value for international cards
• EUR €0.10 + 0.25% per payout sent
• EUR €2.00 per monthly active account
• EUR 1.4% per invoice deducted from payout
  

United States

• USD $0.30 + 2.9% of the transaction value
• USD $0.30 + 4.4% of the transaction value for international cards
• USD $0.25 + 0.25% per payout sent
• USD $2.00 per monthly active account
• USD 1.5% per invoice deducted from payout
  

Norway

• NOK 2.00 kr + 2.4% of the transaction value
• NOK 2.00 kr + 3.25% of the transaction value for international cards
• NOK 5.00 kr + 0.25% per payout sent
• NOK 15.00 kr per monthly active account
• NOK 1.4% per invoice deducted from payout
  

Denmark

• DKK 1.80 kr + 2.5% of the transaction value
• DKK 1.80 kr + 3.25% of the transaction value for international cards
• DKK 5.00 kr + 0.25% per payout sent
• DKK 15.00 kr per monthly active account
• DKK 1.4% per invoice deducted from payout

Sweden

• SEK 1.80 kr + 2.5% of the transaction value
• SEK 1.80 kr + 3.25% of the transaction value for international cards
• NZD 5.00 kr + 0.25% per payout sent
• NZD 15.00 kr per monthly active account
• NZD 1.4% per invoice deducted from payout

Poland

• PLN 1.00 zł + 2.5% of the transaction value
• PLN 1.00 zł + 3.25% of the transaction value for international cards
• NZD $1.35 zł + 0.25% per payout sent
• NZD 9.00 zł per monthly active account
• NZD 1.5% per invoice deducted from payout

All other currencies

0.30 (local currency or equivalent) + 4.40% of the transaction value + 2% if currency conversion is required.

Payout sent, monthly active account and invoice deduction from payout fees vary between currencies and can be found on the Stripe website.

1. These terms

1.1 The “Parkable Rewards Programme” is a membership programme offered by Parkable at its discretion to registered users of Parkable.

1.2 Membership of the Parkable Rewards Programme is governed by these terms and conditions and the Parkable General Terms and Conditions.

2. How to join the Parkable Rewards Programme

2.1 Membership of the Parkable Rewards Programme is by invitation only.  We reserve the right to accept or decline any application or to invite or not invite any Parker to the Programme.

2.2 Your Parkable Rewards membership will remain current until such time as it is terminated by either you or Parkable pursuant to the termination provisions in paragraph 11.

3. Earning Parkable points

3.1 Parkable Points may be earned through sharing Parking Spaces and other parking activity as determined by Parkable from time to time.

3.2 Each Parkable Point is equivalent to $1.00 (USD).

3.3 Parkable Points are earned through the Parkable Platform.

4. Spending Parkable points

4.1 You may use your Parkable Points to redeem rewards.

4.2 Your entire points balance must be redeemed at once and for a single reward.

4.3 Parkable bears no liability or obligation in respect of balances under 25 Parkable Points.

4.4 The following requirements apply to all rewards:

• You must comply with all terms and conditions relating to the rewards you redeem.
• If your reward is being provided by a third party, you must comply with the third party's terms and conditions relating to the Reward, including any advance booking requirements, any restrictions, payment terms, fee requirements and cancellation terms.
• Once you make a reward redemption you cannot change or cancel your request or choice of reward redemption.
• We do not guarantee that any of the rewards will be available at any time and we reserve the right to withdraw, cancel, change or suspend any of the rewards we offer or advertise. We are not liable for any loss, expense, or damage any Member suffers as a result of such withdrawal, cancellation, suspension or change.

5. Parkable rewards member benefits

5.1 Parkable Rewards members are able to earn Parkable Points to redeem rewards and enjoy a range of Parkable Rewards member benefits, provided through our rewards partner.

5.2 We will change and update the Parkable Rewards member benefits from time to time.

6. Parkable points expiry

6.1 Your Parkable Points will remain valid for one year from the date they were accrued to your account. Following one year from accrual, the Parkable Points will expire and be removed from your account.

7. Fees associated with your Parkable rewards membership

7.1 We may charge you a reasonable fee for the services you ask us to provide. For example, we may charge you a service fee if you ask us to activate the conversion of your Parkable Points to a different currency. We will always inform you of the relevant fee before carrying out the relevant service.

8. Your obligations

8.1 You must use your Parkable account when booking parking or sharing a Parking Space, so that we can automatically accrue the Parkable Points to your Account.

8.2 If you believe any Parkable Points have not been credited to your account that should have been, you must submit a valid claim to us within 1 month of the date you believed you have earned the points.

8.3 You are responsible for making your own enquiries in relation to any Parkable Rewards member benefit that is provided by a third party, which you may wish to redeem.

8.4 You must comply with the relevant terms and conditions applicable to any Parkable Rewards member benefit you wish to redeem.

8.5 Parkable Points are not convertible into cash in any circumstances.

8.6 You must not sell, assign or transfer Parkable Points to any other person for cash or any other form of consideration.

9. Privacy

9.1 Any personal information that you provide to us will be subject to our privacy policy.

10. Changes to these terms

10.1 We may make changes to these Terms from time to time. When we make changes, we will update these Terms on our website. We will also specify the date of the last update.

10.2 Electing to remain a member after a change in the Terms constitutes your acceptance of the revised Terms.

10.3 Whilst we will endeavour to provide valuable Parkable Rewards member benefits to Parkable Rewards members, we may need to review, update and change the types of Parkable Rewards member benefits available from time to time.

10.4 Our Parkable Rewards partners may also change from time to time. Parkable Rewards partners may discontinue their participation in the Parkable Rewards Programme and their provision of rewards at any time without notice.

11. Termination

11.1 You may terminate your Parkable Rewards membership at any time by emailing support@parkable.com.

11.2 If a Parkable Rewards membership is terminated by either the Parkable Rewards member or by us, any Parkable Points earned but not redeemed prior to termination will be forfeited with no compensation.

11.3 Parkable Rewards membership will automatically terminate on the death or bankruptcy of a Parkable Rewards member.

11.4 Parkable may terminate or suspend your Parkable Rewards membership or cancel or suspend your right to access to Parkable Rewards membership benefits by notice in writing if we reasonably believe that you have:

a) abused, misused or obtained by any misrepresentation any Parkable Rewards, Parkable Rewards member benefits or other facilities or arrangements provided by or in connection with the Parkable Rewards Programme;

b) behaved in a manner which Parkable reasonably considers to be unacceptable while using any Parkable Rewards member benefits or other facilities, services, or arrangements provided by or in connection with the Parkable Rewards Programme;

c) acted in any way that is detrimental to the interests of Parkable or the Parkable Rewards Programme; or

d) provided incorrect or misleading information to Parkable in connection with your Parkable Rewards membership.

11.5 If we decide to discontinue the Parkable Rewards Programme we may terminate your Parkable Rewards membership by giving you 3 month's notice by email.

11.6 If we cease to operate, we may terminate Parkable Rewards membership any time without notice.

12. Limitation of liability

12.1 Subject to applicable consumer protection laws and to the fullest extent permitted by law, you agree that Parkable will have no liability (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss or damage) arising out of or in connection with:

• our variation to these Terms from time to time;
• our variation of Parkable Rewards member benefits from time to time;
• our termination of your Parkable Rewards membership in accordance with these Terms;
• the Parkable Points that you forfeit upon termination of your Parkable Rewards membership;
• the availability of rewards;
• our failure or delay to provide rewards due to force majeure or other events beyond our control;
• the accuracy of information supplied to you by third parties and your dealings with third parties;
• third party websites, applications, products and services;
• any unauthorised or fraudulent activity in relation to your Parkable Rewards membership and account in circumstances where the person attempting or carrying out the activity: (i) represents themselves to Parkable as you; or (ii) uses your online Parkable Account username and password.
• the breach in the security of your computer, mobile or other device or the access to any information held on your computer, mobile or other device by unauthorised third parties. You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

12.2 Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

13. Disclaimers

13.1 To the fullest extent permitted by law, Parkable makes no warranties (express or implied), and makes no representations with respect to:

• the suitability of the Parkable Rewards Programme or Parkable Rewards member benefits for you or anyone else;
• the ability (or inability) to redeem or book any reward by you or anyone else;
• third party websites, applications, products and services. You maintain full responsibility for your dealings with third parties and your use of any Parkable Rewards member benefit provided by third parties.

14. Miscellaneous

14.1 If any term or provision of these Terms is held to be illegal, invalid or unenforceable it will be severed from the Terms without affecting the legality, validity or enforceability of the remaining provisions.

14.2 We reserve the right to audit each Parkable Rewards account. We reserve the right to amend, debit and correct the Parkable Points in a Parkable Rewards account if we identify any inaccuracy (due to our mistake or otherwise), or if we identify that the transaction that gave rise to the Parkable Points did not occur or resulted in a refund.

14.3 We reserve the right to adjust the Parkable Points balance in your account if we identify any inaccuracy.

1. Current versions

↓Privacy Policy (as at 29 November 2022)

↓General Terms and Conditions (as at 13 September 2024)

↓Parker agreement (as at 21 November 2022)

↓Host agreement (as at 21 November 2022)

↓License agreement (as at 21 November 2022)

↓Rewards (as at 21 November 2022)

2. Previous versions

↓Privacy Policy (Updated 29 November 2022)

↓General (Updated 1 April 2022)

↓Parker agreement (Updated 21 November 2022)

↓Parker agreement (as at 1 April 2022)

↓General (Updated 21 November 2022)

1. USA/CAN - Employee parking survey terms

STANDARD PROMOTION OR COMPETITION RULES

Definitions

‘Parkable’ is the entity running the promotional activity and is part of Parkable Limited.

The ‘Promoter’ is Parkable.

‘Disqualified Participants’ are:

1. all Parkable employees, all employees of participating promoters and/or advertising agencies and their immediate families
2. all people under the age of 18 years old
3. all people who are not a current employee at a company that uses Parkable
4. all people who are not directly invited to participate in this survey via email

Prize

1 x participant will receive a $75 Amazon gift card.

Prize Terms and Conditions

Prize is subject to Amazon Gift Card standard terms and conditions. See here for more information; https://www.amazon.com/gp/help/customer/display.html?nodeId=GNG9PXYZUMQT72QK

Entry

Specific Rules

1. The promotion is open from the starting date of 7th of October 2024 until the 28th of October 2024
2. Entrants must complete the survey sent to their email by 28th of October,
3. 1 winner(s) will be selected at random, from all eligible entries.
4. Eligible entries are defined as complete entries including the boxes for First Name, Last Name, Email address and Workplace.
5. Parkable reserves the right to class a response as ineligible if the survey was not completed in good faith.
6. Entries close on 28th October 2024
7. Winners will be selected on 30/10/2024
8. Winners will be sent an email confirming their prize within 2 business days of selection (NZST)
9. Winner(s) will have 48 hours to reply to the email and claim their prize, otherwise the prize will be redrawn and allocated to the next winning entrant

The Rules

• These Promotion of Competition Rules (‘the Rules’) apply to all Parkable Promotions or Competitions (collectively referred to as the ‘Promotion’) conducted by means of any medium - online, radio, print or a connect device. The rules may change from time to time.
• If a particular Promotion has specific rules or terms (‘the ‘Specific Rules’) those Specific Rules will apply if there is any inconsistency with the rules.
• Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
• Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority to enter the promotion.
• Disqualified Participants may not enter in the promotion.
• Parkable reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
• Parkable reserves the right to refuse to award any prize to an entrant who Parkable decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
• By participating, entrants grant Parkable exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion or for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
• All entrant personal details must be valid and up to date and will be held by Parkable and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with Parkable’s privacy policy (see www.parkable.com) unless otherwise directed by contestants at the time of entry.
• Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification - active, through to and beyond the date of the Promotion’s completion

Winning the Prize

• Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).
• The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).
• The Judge’s determination of the Winner will be final and no correspondence will be entered into.
• The winner will be notified at time of entrance and with an automated email after the win and must claim the prize within the timeframe specified in the Rules.
• The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.
• Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate).
• The Winner takes the Prize entirely at his/her own risk and indemnifies Parkable and in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
• Parkable reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
• Parkable takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
• To the fullest extent permitted by law Parkable will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
• Where the Prize is to be supplied by an entity outside Parkable’s control and that entity fails, for whatever reason, to supply the prize, Parkable has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.

Acceptance

• Participation in the Promotion is deemed acceptance of these Terms and Conditions.
• If the Winner does not accept these Terms and Conditions the prize will be forfeited.

Last updated 09/10/2024

2. USA/CAN - Workplace parking survey terms

STANDARD PROMOTION OR COMPETITION RULES

Definitions

‘Parkable’ is the entity running the promotional activity and is part of Parkable Limited.

The ‘Promoter’ is Parkable.

‘Disqualified Participants’ are:

1. all Parkable employees, all employees of participating promoters and/or advertising agencies and their immediate families
2. all people under the age of 18 years old
3. all people who are not a current employee at a company that uses Parkable
4. all people who are not the designated organisational admin for their workplace for Parkable.
5. all people who were not directly invited to participate in this survey via email

Prize

1 x participant will receive a $75 Amazon gift card.

Prize Terms and Conditions

Prize is subject to Amazon Gift Card standard terms and conditions. See here for more information; https://www.amazon.com/gp/help/customer/display.html?nodeId=GNG9PXYZUMQT72QK

Entry

Specific Rules

1. The promotion is open from the starting date of 7th of October 2024 until the 28th of October 2024
2. Entrants must complete the survey sent to their email by 28th of October,
3. 1 winner(s) will be selected at random, from all eligible entries.
4. Eligible entries are defined as complete entries including the boxes for First Name, Last Name, Email address and Workplace.
5. Parkable reserves the right to class a response as ineligible if the survey was not completed in good faith.
6. Entries close on 28th October 2024
7. Winners will be selected on 30/10/2024
8. Winners will be sent an email confirming their prize within 2 business days of selection
9. Winner(s) will have 48 hours to reply to the email and claim their prize, otherwise the prize will be redrawn and allocated to the next winning entrant

The Rules

• These Promotion of Competition Rules (‘the Rules’) apply to all Parkable Promotions or Competitions (collectively referred to as the ‘Promotion’) conducted by means of any medium - online, radio, print or a connect device. The rules may change from time to time.
• If a particular Promotion has specific rules or terms (‘the ‘Specific Rules’) those Specific Rules will apply if there is any inconsistency with the rules.
• Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
• Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority to enter the promotion.
• Disqualified Participants may not enter in the promotion.
• Parkable reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
• Parkable reserves the right to refuse to award any prize to an entrant who Parkable decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
• By participating, entrants grant Parkable exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion or for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
• All entrant personal details must be valid and up to date and will be held by Parkable and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with Parkable’s privacy policy (see www.parkable.com) unless otherwise directed by contestants at the time of entry.
• Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification - active, through to and beyond the date of the Promotion’s completion

Winning the Prize

• Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).
• The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).
• The Judge’s determination of the Winner will be final and no correspondence will be entered into.
• The winner will be notified at time of entrance and with an automated email after the win and must claim the prize within the timeframe specified in the Rules.
• The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.
• Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate).
• The Winner takes the Prize entirely at his/her own risk and indemnifies Parkable and in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
• Parkable reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
• Parkable takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
• To the fullest extent permitted by law Parkable will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
• Where the Prize is to be supplied by an entity outside Parkable’s control and that entity fails, for whatever reason, to supply the prize, Parkable has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.

Acceptance

• Participation in the Promotion is deemed acceptance of these Terms and Conditions.
• If the Winner does not accept these Terms and Conditions the prize will be forfeited.

Last updated 04/10/2024