1. Terms and Conditions
(a) These Terms apply to the provision by Parkuphere Limited (“us”, “we” or “Parkuphere.com”) of a platform to allow any organisation which owns a parking space
(“Parking Space”) or has the legal authority or is authorised or has permission to advertise and let out a parking space (collectively “the Owner”).
The term “you” or “yours” refers to the person accessing or using the Site or the Service.
(b) You may only advertise and let out a Parking Space using the Site if you are a company or other body corporate, partnership or individual acting for
the purpose of, or in the course of your business, trade, craft or profession.
(c) For the purpose of this Agreement “the Motorist” shall mean any person who has:
(i) at any time made a Booking (as defined in clause 3 of these Terms) of your Parking Space using the Service; or
(ii) at any time made an enquiry about your Parking Space through Parkuphere.com (whether or not such person completed a Booking); or
(iii) has become aware of you or your address or the address or location of the Parking Space directly or indirectly as a result of your advert with us; or
(iv) has made you aware of their need for parking through the Service provided by Parkuphere.com.
(d) These Terms do not apply to the use by the Motorist of the Parking Space itself. The licensing of the Parking Space is dealt with under the terms of a separate
Parking Space Agreement.
(e) These Terms will apply at any time when you use the Service and by continuing to use the Service you accept these Terms and they will apply to the agreement
between you and us (“the Agreement”).
(f) We may make changes to the Terms or format of the Site, the Service provided or to the Site’s content at any time without notice. Any such amendments shall
be effective once the revised terms have been posted on the Site. Your continued use of the Service or the Site constitutes your acceptance of the new terms.
You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the Site or Service you will be deemed
to have accepted the new terms.
2. The Service and Listing
(a) By placing an advert for a Parking Space (an “Advert”) on the Site, you authorise us to act as your agent to accept and confirm Bookings of the Parking Space
and to enter into a Parking space agreement between you and the Motorist in relation to the Parking Space on your behalf.
(b) You agree to provide all relevant information about the Parking Space including:
(i) the address of the Parking Space;
(ii) any restrictions on the types of vehicles for which the Parking Space is suitable; and
(iii) any other information or restrictions (e.g. height restrictions) which apply to the Parking Space which the Motorist should be aware of before booking
the Parking Space.
(c) You are also required to provide us with information before we will list the Advert for the Parking Space which may include your name, address
and telephone number.
(d) 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.
(e) You are responsible for the accuracy of all information in your Advert and any information you provide to us in relation to a booking.
You may be liable to the Motorist under the Parking Space Agreement if the information you provide is inaccurate, incomplete or misleading in any way.
(f) In addition to advertising the Parking Space, we will be entitled to send promotional emails to the Motorists and provide such information about
your Parking Space as we may deem appropriate to promote www.parkuphere.com or your Parking Space.
(g) You may not incorporate any additional terms into the Parking Space Agreement other than the restrictions clearly included in your Advert.
You agree not to propose to the Motorist any additional terms or amendments to the Parking Space Agreement when a booking has been confirmed.
The Motorist is not obliged to accept any further terms once we have accepted a Booking on your behalf.
(h) The Parking Space Agreement and any additional restrictions included in your Advert are a contract between you and the Motorist. We are not a party to
that agreement and we will not be liable to you, the Motorist or any third party for any breach of the Parking Space Agreement or otherwise in relation
to the Parking Space or its use by the Motorist. We have no control over the conduct of the Motorist and are not liable for any actions of the Motorist.
3. Booking, Payment and Charges
(i) Once your Advert has been uploaded to the Site your Parking Space is available for booking (“the Booking”) for the date(s) and time(s) that you have made it
available for on your calendar. Based on the availability information provided by you on your calendar the Site will tailor the Advert for your Parking Space.
It is your responsibility to keep your calendar updated. Should you not update your calendar to make the Parking Space unavailable for a particular date(s)
or time(s) then you may be liable to pay the reasonable costs of alternative arrangements for the Motorist who makes a Booking for such date(s) and time(s).
(ii) When a Booking is made and payment is received from the Motorist you authorise us to accept the Booking for the available date(s)
and time(s) without further reference to you.
(i) Once a Booking is made and payment is received from the Motorist, the Motorist will be deemed to have agreed as a condition of using the Service
to the Parking Space Agreement.
(ii) Parkuphere.com’s policy is to collect the full fees owed by the Motorist for the Parking Space (“the Fees”) at the time a Booking is made and
you authorise us to accept and hold such payment on your behalf.
(iii) Parkuphere.com will charge a booking fee of 20% on top of the price you specify for the Parking Space for each Booking made (the “Booking Fee”).
This will be automatically added to the Fees paid by the Motorist and deducted from the payments due to you.
(iv) Once payment is received from the Motorist the Booking will be deemed to have been accepted and you will have entered into a binding agreement
with the Motorist to allow the Motorist to occupy the Parking Space during the date(s) and time(s) (“the Licence Period”) set out in the confirming email
of the Booking (“the Confirmation”) subject to the Parking Space Agreement. We will confirm the Booking to you as soon as practicable.
(v) When the Licence Period has started we will make the Fees (less the Booking Fee) available to you by releasing these into your
account at www.parkuphere.com. Fees will not be released for future Bookings or for days still pending on current bookings.
Parkuphere.com will endeavour to ensure that the funds are available to you in accordance with this Agreement, the Terms and Conditions and
Parking Space Agreement but do not guarantee that they will be available to you to withdraw in circumstances which are unforeseen or beyond our control.
(vi) You understand and agree that you are solely responsible for paying all tax and other charges due in respect of the Fees.
(vii) If the Motorist overstays in the Parking Space and you wish and are entitled to charge the Motorist further sums in respect of the overstay, we may
(in our absolute discretion) agree to forward or issue an invoice to the Motorist on your behalf and credit any payment received to your account at
www.parkuphere.com through the collection and payment system. 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 Motorist. You shall remain
solely responsible for collecting any sums due from the Motorist. Guidance on how to collect overstay payments can be found at www.britishparking.co.uk.
(a) You shall not cancel any Booking otherwise than in accordance with the terms of the Parking Space Agreement or the Cancellation Policy published
on our Site from time-to-time.
(b) If you cancel a Booking in breach of sub-clause (a):
(i) You shall pay the Motorist all sums due to the Motorist under the terms of the Parking Space Agreement (including, but not limited to those
due under clause 3 of the Parking Space Agreement) or otherwise due as a result of the Booking being cancelled (“Cancellation Payments”).
(ii) At our absolute discretion we may negotiate, agree and pay the Cancellation Payments to the Motorist on your behalf.
(iii) If you cancel a Booking before the Fees are credited to your account, your account will not be credited with the Fees.
(iv) Where the Motorist is refunded the Fees, including an amount representing the Booking Fee, you shall pay to us a sum equal to the Booking Fee.
(v) We may use funds that we hold on your behalf (including those credited to your account) to pay the Cancellation Payments to the Motorist or
to pay any sums due to us under this clause 4. Where we have insufficient funds to pay the Cancellation Payments or sums due to us in full,
you shall, upon demand from us, pay a sum equal to the shortfall to us.
(c) Furthermore, you agree that if a Motorist wishes to cancel a Booking they may do so through us and our Site and that we will deal with any cancellation.
If we are required to process a cancellation we will do so in accordance with the terms of the Cancellation Policy.
5. The Parking Space
(a) You warrant and agree that:
(i) the details of the Parking Space listed on the Site are true complete and accurate;
(ii) the Parking Space may be accessed easily by the Motorist and is not obstructed at the start of or during the Licence Period;
(iii) the Parking Space is clean, tidy and clear of rubbish at the start of the Licence Period;
(iv) you will act with courtesy towards the Motorist and assist and cooperate with the Motorist and, if applicable, assist in locating the Parking Space; and
(v) you will indemnify and hold harmless the Motorist against all loss, liability, damages, costs and expenses arising from your 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 Motorist.
(b) You represent and warrant that you own the Parking Space or have the legal authority or you are authorised or have permission to allow third parties
to use the Parking Space and, where necessary, you have permission from your landlord (or other persons who control any building 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 sub-lease), freehold title, mortgage, deed of trust, or any other documents
of record to ensure that you are able to grant a licence to the Motorist to use the Parking Space as set out in the Parking Space Agreement.
You further agree that you are responsible for ensuring that any person who assists you with placing an advert on the Site complies with these Terms.
(c) We will not be liable to you, the Motorist or any other third party (such as a landlord or any other persons who control any building of which the Parking Space
is a part or management company) if you do not have the necessary authority to allow third parties to use the Parking Space.
(a) You represent and warrant that you have all necessary regulatory and planning approvals and insurances to grant a licence and charge for the use
of the Parking Space and that the licence 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 licences to use residential and other properties.
(b) You agree that 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 your Advert on the Site.
7. Your Obligations
(a) You must:
(i) honour all Bookings with the Motorists;
(ii) provide the Parking Space in accordance with the details and information set out in your Advert;
(iii) ensure that all information about you and the Parking Space that you provide to us for inclusion on the Site is true and accurate in all respects and could not
in any way be construed as misleading to the Motorist;
(iv) deal with the Motorists in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
(v) deal with all queries from the Motorists relating to a Parking Space or booking in a prompt and satisfactory manner;
(vi) 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 licences to use residential and other properties;
(vii) subject to clause , use your best endeavours to settle any disputes that may arise during the Licence Period including taking such action as is necessary
to bring the dispute to a satisfactory conclusion as soon as practicable so that the Booking may still be fulfilled;
(viii) maintain in effect for the period during which the Parking Space is advertised on the Site and for 12 months after the date of the last Booking of the
Parking Space, insurance in respect of your obligations and liabilities to the Motorist, whether arising under the Parking Space Agreement or otherwise,
for such sum and for such amount as may be prudent and appropriate in all of the circumstances; and
(ix) comply in full with the terms of the Parking Space Agreement.
(b) You agree that you will not create any false account with Parkuphere.com or use your account with us for any immoral or illegal activity or purpose
including (without limit) malicious or fraudulent bookings or money laundering.
(c) You will be entirely responsible for any and all insurance that you may require for the purposes of granting any licence to use your Parking Space.
8. 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 Motorist before, during or after the
Licence Period (a “Dispute”) you will notify the Motorist immediately and that you will attempt to resolve such Dispute directly with the Motorist.
(b) You will notify us promptly of any Dispute, and provide us with such information as we may request regarding the Dispute.
(c) We are not responsible for resolving any Dispute.
(d) Notwithstanding sub-clause (c) above, we may, in our absolute discretion, take such steps as we may consider appropriate to seek to resolve a Dispute.
In order to protect our interests, you shall comply with all lawful instructions which we may give to you from time-to-time in order to seek to resolve a Dispute,
including (without limitation) paying any sums which we consider properly due to the Motorist.
We may refer to you or your Parking Space at any time in the future to publicise ourselves or our Site, including (but not limited to) using your name and the address of your Parking Space.
(a) Either party may terminate this Agreement at any time by giving notice to the other. If you wish to terminate this Agreement you must contact us by email
notifying us that you wish to terminate the agreement. Upon termination you agree to honour any outstanding Bookings. From the date of termination we will
not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding Bookings
(subject to clause 10(e)).
(b) 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.
(c) Without limitation to clause 10(a) we may terminate this Agreement immediately if:
(i) you are in material breach of any of the terms of this Agreement; or
(ii) you do anything to put our goodwill or reputation at risk; or
(iii) we have any reason to believe that you are not authorised to grant a licence to use the Parking Space; or
(iv) you cancel a booking other than as permitted by this Agreement;
(v) you refuse to co-operate with us in respect of this Agreement.
(d) 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 existing Bookings.
(e) In the event that:
(i) this Agreement is terminated by you and existing Bookings cannot proceed under clause 10(a) (e.g. because you sell the property to which
the Parking Space is attached); or
(ii) this Agreement is terminated by us under clause 10(c) while there are existing Bookings;
then we may cancel any such Bookings on your behalf, and you will be fully liable to us for all associated costs, charges, damage and liability which we may
incur as a result (including any refunds we make to Motorists who have a Booking for the Parking Space) or in connection with such Bookings or their
cancellation and you shall indemnify us in full on a continuing basis in respect of any such sums.
(f) If any Bookings are cancelled under clause 10(e), clause 4(b) shall apply as if you had cancelled a Booking.
(g) This clause 10 shall survive the termination of this Agreement.
(a) If you choose to use the Site and Service, you do so at your sole risk.
(b) You acknowledge and agree that Parkuphere.com does not have an obligation to conduct background checks on the Motorist. We will not check whether
the Motorist has vehicle insurance in place.
(c) Parkuphere.com makes no warranty that the Site or Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
(d) Parkuphere.com makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site
(e) We shall use reasonable skill and care when providing the Service. All warranties, conditions and other terms implied by statute or common law are,
to the fullest extent permitted by law, excluded from this agreement.
(f) 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.
(g) 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, the Motorist. You understand that Parkuphere.com do not
make any attempt to verify the statements of users of the Site or Service or to review or visit any Parking Spaces. Parkuphere.com makes 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, the Motorist, particularly if you decide to meet in person.
12. Your Liability
(a) You agree to defend, indemnify and hold harmless Parkuphere.com, its affiliates, and their respective officers, directors, managers, employees and agents
(“Parkuphere.com Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited
to legal and other 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 6(a);
(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 12 will survive the termination of this Agreement.
13. Our Liability
(a) Subject to sub-clause (c) below, 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 Motorist;
(iv) any loss arising from or connected with the actions of the Motorist, including any damage to the Parking Space or your property caused by the Motorist;
(v) any consequential, special or indirect loss;
(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 Service or any Booking with the Motorist;
(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;
(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
Booking Fees received by us in respect of Bookings of all of your Parking Spaces made through our Service 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 13 shall survive the termination of this Agreement.
14. Restrictions on you
(a) Whilst your Parking Space is advertised on the Site you shall not licence or rent the Parking Space in return for payment to:
(i) any Motorist who has a Booking to use the Parking Space or who made a Booking in the previous 12 months through our Site (whether or not such
Booking was cancelled or ); or
(ii) any other person registered to use our Site as a Motorist.
(b) For a period of 3 months following the last date when your Parking Space is advertised on our Site, you shall not licence or rent the Parking Space
in return for payment to:
(i) any Motorist who made a Booking in the 12 months immediately prior to the date of the last Booking of your Parking Space through our Site
(whether or not such Booking was cancelled); or
(ii) any other person registered to use our Site as a Motorist at any time when your Parking Space was advertised on our Site.
(c) If you licence or rent the Parking Space in breach of this clause 14, you shall be liable to us for an amount equal to all Booking Fees that would have been
payable to us had the Parking Space been licensed through our Site.
(d) This clause 14 shall survive termination of this Agreement.
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 require 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 (three) years after the expiry or termination of the Agreement.
(a) Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
(c) Any notice to be served on either of the parties by the other shall be sent by email.
(d) No term of the Agreement will be enforceable by any person that is not a party to it, subject to clause 16(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) No term of this Agreement will be enforceable by any person that is not a party to it including any enforcement through the Contract (Rights of Third Parties)
between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own
independent investigations into all matters relevant to it.
(j) 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.
(k) No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be
deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon
or reserved for either party is exclusive of any other right, power or remedy available to that party.
(l) Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any
indication of the meaning of the clauses to which they relate.
(m) We may set-off against any sums due from us to you under this Agreement any sums due to us from you howsoever arising.
(n) We may, at any time and without your prior consent, deduct from your account on the Site an amount equal to any sums due to us, howsoever arising,
in full or partial payment of such sums.
17. 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 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.