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Motorist Agreement

This Agreement sets out the terms and conditions that apply to the service provided directly by Parkuphere Limited (trading as www.parkuphere.com) to you namely allowing you to book and pay for parking spaces (“the Service”) from Parking Space Owners (“the Owner”).
The granting of a licence to use parking spaces advertised by an Owner who has advertised their Parking Spaces on the Website (“the Site”) is dealt with under the terms of the Parking Space agreement and is between you and the Owner to which www.parkuphere.com is not a party.
This agreement should be read in conjunction with the Terms and Conditions, other Agreements and Policies on this Site.

1. Terms and Conditions

(a) These terms and conditions (“the Terms”) apply to the Service provided by Parkuphere Limited trading as www.parkuphere.com
(“us”, “we” or “www.parkuphere.com” to you, the recipient of the Service (“the Motorist”, “you” or “your”).
(b) These Terms will apply at any time when you use the Site or Service to book a parking space and by continuing to use the Site or Service you accept these
Terms and they will apply to the agreement between you and us (“the Agreement”).
(c) These Terms may be amended from time to time. Any amendments or new Terms will be available on the Site and the Terms on the Site at the time you enter
into a booking for a parking space or use the Services will be the ones that apply.
(d) These Terms apply only to the provision of the Service directly by us to you namely allowing you to book and pay for a parking space (“Parking Space”)
as advertised by the Owner. The granting of a licence to use a Parking Space is dealt with under the terms of a Parking Space Agreement with the Owner.
For the avoidance of doubt our responsibility is to confirm a Booking and make payment on your behalf to the Owner.
(e) When you place a Booking you confirm you agree to the terms of the Parking Space Agreement. When the Booking is confirmed,
the Parking Space Agreement shall become a binding agreement between you and the Owner.
(f) The Parking Space Agreement is a contract between you and the Owner. We act as an agent of the Owner in entering into the Parking Space Agreement.
We are not a party to the Parking Space Agreement and we will not be liable to you, the Owner or any third party for any breach of the Parking Space Agreement
or otherwise in relation to the Parking Space. We have no control over the conduct of a Motorist or Owner and shall not be liable for any actions of the Motorist
or the Owner.
(g) Details of the Owner are set out on the booking received page.

2. Booking

(a) To make a booking (“the Booking”) you must provide us with your name, address, make, model and car registration number and a valid email address.
We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to the data privacy
obligations which are set out in the Privacy Policy. The Privacy Policy forms part of this Agreement.
(b) The Booking you make is valid only for the times, dates, price and Parking Space specified in the Booking.
(c) You must supply a valid email address when making the Booking so that we can email the confirmation of your Booking and other information
relating to your use of the Service. We will not be held responsible if you fail to provide a valid email address and you do not receive a Booking confirmation
or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address or incorrect information,
please login to www.parkuphere.com and make the necessary changes.
(d) Please note that the agreement relating to the use of the Parking Space is between you and the Owner and will be governed by the Parking Space Agreement.
The Owner has advertised their parking space for the purpose of forming a binding agreement between you and the Owner and we have no liability to you
in relation to the Parking Space or the license other than as set out in this agreement.
(e) Once you have accepted the terms of the Parking Space Agreement and we have received payment, your Booking will be confirmed by email.
A Booking only becomes a binding agreement with the Owner once you have received confirmation from us by email.
(f) Payment in full is required when making a Booking.
(g) We may, in our absolute discretion, decline to confirm a Booking.

3. Parking Spaces

(a) You agree that the Site is a platform for advertising a Parking Space owned or operated by an Owner and we have no responsibility for the Parking Space
other than to provide the Service under the Terms herein which includes administering and confirming a Booking and collecting payment on behalf of the Owner.
(b) We have not examined the Parking Space and can make no guarantee or warranty that the Parking Space is of satisfactory quality, secure
or is suitable for your requirements. All and any rights you may have in respect of any misdescription of the Parking Space are against the Owner and not us.

4. Owner’s Responsibility

(a) We are an advertising platform and payment collection service for the Owner and by making a Booking you are entering into an agreement with the Owner
under which the Owner is bound to provide you with the Parking Space, subject always to the Parking Space Agreement.
(b) Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Parking Space,
Parking Space Agreement or your Booking and all responsibility lies with the Owner.
(c) We will have no liability to you if the Parking Space advertised by the Owner does not meet your requirements.
Your right of action or claim in such circumstances will be against the Owner.

5. Licence of Parking Space and Your Responsibilities

(a) You must only use the Parking Space on the times and dates specified in the Booking (the “Licence Period”). If you use the Parking Space at any other time
you may be liable to the Owner under the Parking Space Agreement.
(b) You will pay any penalty payable by you under the Parking Space Agreement.
(c) You must use the vehicle the details of which you have notified to us in the Booking. If you use a different vehicle you may be refused entry
to the Parking Space and unable to park.
(d) If you have any concerns or queries about the Parking Space during the Licence Period you must contact the Owner directly.
(e) Upon arrival at the Parking Space at the start of the Licence Period, you should inspect the Parking Space and ensure you are satisfied that it meets
the description on the Site. If you are not satisfied you must contact the Owner immediately. Any dispute between you and the Owner relating
to the Parking Space should be dealt with at the start of the License Period and without our involvement.
(f) You must:
(i) agree to observe and act in accordance with the Parking Space Agreement;
(ii) comply with all parking restrictions relating to the Parking Space;
(iii) not to sublet the Parking Space nor assign or transfer the Parking Space Agreement;
(iv) not use the Parking Space or deal with the Owner in any way which could be deemed to be harmful to our business or reputation or do anything
which might adversely affect our relationship with the Owner;
(v) not attempt to contact the Owner directly until a Booking has been confirmed;
(vi) not attempt to book any Parking Space advertised on the Site other than through us; and
(vii) not use the Site in any way which may detrimentally affect our reputation or the use and enjoyment of the Site or our Service by any other user.
(g) You agree that you will not create any false account or use your account for any immoral or illegal activity or purpose including (without limit) malicious
or fraudulent bookings or money laundering.
(h) You warrant that:
(i) you have the power and authority to enter into this Agreement and the Parking Space Agreement with the Owner for the use of the Parking Space;
(ii) you have a valid driving licence, vehicle registration and hold effective insurance for all risks you deem appropriate to cover your vehicle whilst it occupies
the Parking Space; and
(iii) any road tax is fully paid and that the vehicle is not subject to a Statutory Off Road Notification (SORN).

6. Complaints and Disputes

(a) You agree that if in the event of any dispute, claim or issue arising concerning the Parking Space or otherwise with the Owner before,
during or after the Licence Period (a “Dispute”) you will notify the Owner immediately and that you will attempt to resolve such Dispute directly with the Owner.
(b) You have no right to involve or call upon Parkuphere.com to intervene in any Dispute. Parkuphere.com is not responsible for resolving any Dispute.
(c) Despite sub-clause (b) above, you shall notify us promptly of any Dispute.
(d) Despite sub-clause (b) above, we may (in our absolute discretion) agree to forward or issue an invoice to the Owner on your behalf in respect of any sums you
claim are due to you from the Owner under the Parking Space Agreement (including, but not limited to, the costs of finding alternative parking where a
Parking Space was unavailable). Where we agree to issue or forward an invoice on your behalf, we are not responsible for the collection of the sums due under
the invoice, and shall have no liability to you in respect of the non-payment of the invoice by the Owner. In particular, we shall not be obliged to pay any sums to
you out of monies held by us on behalf of the Owner or to deduct any sums from the balance of the Owner’s account on www.parkuphere.com. You shall remain
solely responsible for collecting any sums due under the invoice.

7. Cancel a Booking

(a) If you wish to cancel a Booking, you agree to comply with the terms of the Cancellation Policy published on our Site and as amended from time-to-time.
(b) You agree that if an Owner wishes to cancel a Booking they will do so by contacting you direct.
(c) For the avoidance of doubt, it is the Owner’s responsibility to make any refund you are entitled to under the Cancellation Policy or the Parking Space Agreement.
(d) If your Booking is cancelled, this Agreement (in so far as it relates to that Booking) will automatically terminate.

8. Termination and Suspension

(a) We may suspend your access to the Site or the Service if we believe you to be in breach of any of the Terms of this Agreement or we suspect that you
are about to commit a breach of any of the Terms of this Agreement.
(b) If we suspend your access to the Site for any reason, we may refuse to provide you with any Service including the right to make any further Bookings.
(c) We may terminate this Agreement at any time if you are in breach of any of the Terms of this Agreement or we reasonably believe that you are about to commit
a breach of any of the Terms of this Agreement.
(d) If we terminate access you will no longer be able to use the Service or make Bookings through us, and all existing Bookings will be cancelled.
If you have an outstanding Booking for which you have made pre-payment we may refund you. Any such refund is at our absolute discretion and subject
to a charge of £10 to cover administration costs.
(e) In the event of termination of this Agreement, those terms which expressly or by implication survive termination shall continue in full force and effect,
and the Agreement shall also continue in relation to any existing Bookings which are not cancelled.

9. Restrictions on you

(a) You shall not, whilst you are registered to use our Site or for a period of 3 months after the date upon which cease to be registered, contact any Owner directly
to agree, or attempt to agree, to licence or rent any parking space currently advertised on our Site without using the booking facility provided on our Site.
(b) This clause 9 shall survive termination of this Agreement.

10. Disclaimers

(a) If you choose to use the Site and Service, you do so at your sole risk. You acknowledge and agree that we do not have an obligation to pre-screen
or conduct background checks on any Parking Space Owner.
(b) We make no warranty that the Site or Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
(c) We make no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site.
(d) We shall use reasonable skill and care when providing the Service.
(e) No advice or information, whether oral or written, obtained by us or through the Site or Services will create any warranty not expressly made herein.
Any views or opinions expressed in any email correspondence sent from Parkuphere.com are those of the sender and not Parkuphere.com.
(f) You are solely responsible for all of your communications and interactions with other users of the Site or Service and with other persons with
whom you communicate or interact as a result of your use of the Site or Service, including, but not limited to, any Parking Space Owner.
You understand that we do not make any attempt to verify the statements of users of the Site or Service or to review or visit any Parking Spaces.
Further, we make no representations or warranties as to the conduct of users of the Site or Service or their compatibility with any current
or future users of the Site, or Service. You agree to take reasonable precautions in all communications and interactions with other users of the Site
or Service and with other persons with whom you communicate or interact as a result of your use of the Site or Service, including, but not limited to,
a Parking Space Owner, particularly if you decide to meet in person.
(g) We do not check whether the Parking Space Owner maintains insurance in respect of your use the Parking Space. If you require confirmation
that the Owner maintains suitable insurance you must check this directly with the Owner.
(h) This clause 10 shall survive termination of this Agreement.

11. Indemnity

(a) You agree to indemnify, defend and hold harmless parkuphere.com, our affiliates and their respective officers, directors, managers, employees
and agents from and against any and all claims, costs, damages, obligations, losses, liabilities and expenses (including but not limited to legal
and professional fees) arising from:
(i) your actions or omissions (or alleged actions or omissions) in relation to the Service, the Site, the Parking Space or the Booking;
(ii) your breach or alleged breach of any term of this Agreement;
(iii) breach of the warranties you give in clauses 5(b) and (c);
(iv) your breach or alleged breach of any third-party right, including without limitation any copyright, property, publicity or privacy right;
(v) any claim that any content uploaded by you to the Site caused damage to a third party;
(vi) your breach or alleged breach of any laws or regulations; and
(vii) your breach or alleged breach of the Parking Space Agreement.
(b) This clause 11 shall survive the termination of this Agreement.

12. Limitation of Liability

(a) In no circumstances whatsoever shall Parkuphere.com be liable to you for any:
(i) lost profits;
(ii) loss of data;
(iii) any claim or demand against you by the Owner, unless as a result of our negligence or breach of contract;
(iv) any loss arising from or connected with the actions of the Owner, including if the Parking Space is unavailable, any damage caused to your vehicle
    by the Owner, or any personal injury suffered by you or any other person whilst using the Parking Space;
(v) any loss or damage which is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated
    by both of us at the time we entered into this Agreement;
(vi) errors, mistakes, or inaccuracies of the Site or Service;
(vii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site or Service or any Booking with the Owner;
(viii) any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein;
(ix) any interruption or cessation of transmission to or from the Site; or
(x) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party.
(b) Our maximum liability to you in respect of any claim under or in connection with this Agreement, howsoever arising, shall be limited to the aggregate of all fees
paid by you for all Bookings you have made using our Site in the 12 months immediately prior to the date upon which the act, error or omission giving rise
to the claim occurred or (as the case may be) first occurred
(c) 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, or for any other liability which cannot be excluded as a matter of law.
(d) This clause 12 shall survive the termination of this Agreement.

13. General

(a) Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
(b) By entering into this Agreement you also agree to our Privacy Policy which is available on the Site.
(c) Any notice to be served on either of the parties by the other shall be sent by email.
(d) No term of this Agreement will be enforceable by any person that is not a party to it including (if you are domiciled in the UK) any enforcement
through the Contract (Rights of Third Parties) Act 1999, subject to clause 13(e).
(e) We will be entitled to assign or sub-contract our obligations under this Agreement.
(f) Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement
by a Force Majeure Event. A Force Majeure Event means any act or event beyond the relevant party’s reasonable control, including without limitation strikes,
lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not)
or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public
or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(g) Where a Force Majeure Event affects the performance of a party’s obligations under these Terms, that party shall notify the other as soon as possible,
and time for performance of that party’s obligations shall be extended for the duration of the Force Majeure Event.
(h) We intend to rely upon these Terms, the Privacy Policy and the Site Terms of Use and any document expressly referred to in them as forming
the entire agreement between us. No other oral or written representations not contained within those documents will form part of the agreement
between us. If you require any changes or additions to any of the documents, please make sure you ask for these to be put in writing. This can help avoid
any problems about what you expect from us and what we expect from you.
(i) If any provision of this 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 this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in
any way affect any other circumstances of or the validity or enforcement of this Agreement.
(j) No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement will either be
or be deemed to be a waiver or in any way prejudice any right of that party under the Terms of this Agreement.
(k) Headings contained in this Agreement are for reference purposes only.
(l) We may change these Terms from time to time and you agree to examine and re-read them each time you make a Booking.

14. Governing Law and Jurisdiction

This Agreement will in all respects be governed by the laws of England and Wales and you and parkuphere.com submit to the non-exclusive jurisdiction of the courts of England and Wales in respect of any claim or dispute arising out of or in respect of this Agreement.

15. About Us

(a) Parkuphere Limited, trading as www.parkuphere.com is a company registered in England and Wales under company number 08763992.
Our registered office address is at 1 Steward Close, Cheshunt, Hertfordshire, EN8 8UW.
(b) You can contact us by email using the details on our website.