Terms & Conditions
Acceptance
The following terms and conditions govern your use of the parking information, materials and documents being made available to you at this mobile app, including, to the extent applicable, the Seller Console and other tools provided for users who sell parking (“Sellers”) and the Vpark API and other tools provided for users who are developers (“Developers”) (collectively, the “Materials”). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this Mobile app or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Mobile app or the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
1. General Terms and Conditions
Reservation of Rights The Vpark name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Voiture Solutions Pvt Ltd. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Vpark or third party trademarks or logos without the prior written consent of Vpark or the applicable trademark owner.
The service provided by Vpark is limited to: (i) informing our customers of the location and apparent availability of parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, Vpark does not:
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers
- Endorse the use of cell-phones while driving
- Guarantee the availability of a specific parking spot in the location you selected
- Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
This Mobile app is intended for personal, non-commercial use (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Mobile app, unless specifically permitted by Vpark. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Mobile app. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Mobile app for the sole purpose of using this Mobile app as a shopping resource. Any other use of materials or Content on this Mobile app, including reproduction for a purpose other than that noted above without Vpark’s prior written consent is prohibited.
2. Privacy Policy: Security
You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Vpark, Inc. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.
We are unable to match prices from auction and outlet stores or websites, as well as other retailers’ discount promotions, shipping offers and gift card offers.
Vpark. will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
3. User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Vpark in connection with your use of this Mobile app (collectively, “Comments”), shall be and remain the exclusive property of Vpark and may be used by Vpark in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Mobile app and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Vpark is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
4. Links to Other Web Mobile Apps and Services
To the extent this Mobile app contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their web mobile apps or any products or services offered on those web mobile apps. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Vpark does not guarantee or warrant the accuracy or completeness of the information or content included on the Web mobile apps of these outside services and resources.5. User Accounts
You will be required to enter a valid 10 digit phone number while registering on Vpark Mobile App (a “User Account”). By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates. You agree that you will never divulge or share access or access information to your User Account with any third party for anyreason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Mobile app using multiple User Accounts.6. Ownership: Sublicensing
The Mobile app contains various information in the form of data, text, graphics, and other materials from Vpark and third parties (the “Mobile app Content”). You acknowledge that this Mobile app and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Mobile app Content is and shall remain the property of Vpark or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Mobile app Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Mobile app Content, in whole or in part. Vpark retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Mobile app, including, without limitation, the API, Database, Vpark Content, trademarks, and any and all Vpark services and any content created or derived therefrom (collectively, the “Vpark IP”); There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Vpark or its suppliers. You shall not take any action inconsistent with Vpark’s ownership of Vpark IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.7. Uptime
Vpark makes no guarantees with respect to the availability or uptime of the Vpark Mobile app, the API, the Vpark Content or the Database. Vpark may conduct maintenance on any of the foregoing at any time with or without notice to you.8. Termination of Usage
User access to all or part of this Mobile app may be terminated or suspended at any time, without notice and for any reason that deems such an action as justified by Vpark.9. Disclaimer and Liability Limit
The Mobile app, the Mobile app Content, the API, the DataBase, and any other materials and products on this Mobile app are provided “as is” and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Mobile app, for any interruptions or errors in accessing our Mobile app. We make no warranties or representations regarding the use of the materials in this Mobile app in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR MOBILE APP OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR MOBILE APP, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR MOBILE APP, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE MOBILE APP OR THE PRODUCTS OR SERVICES OFFERED ON OUR MOBILE APP OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR MOBILE APP OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR MOBILE APP, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.10. Copyright ComplaintsS
If you believe this Mobile app contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Mobile app;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
