Hype Ten (OPC) Private Limited (Company) owns and operates the mobile application titled Parq available on Apple App Store and Google Play Store (“App”) which simplifies the valet parking functions for service providers like hotels, restaurants, clubs, gymnasiums and other public places (“Valet Service Providers”) and their patrons (“Valet Service Recipients”).
The following are the terms of use that govern use of the App for the Valet Service Recipients (Terms of Use). The Valet Service Recipients downloading and or using the App are hereinafter referred to as “You / you” and other grammatical variations like “Your / your” and “Yours” shall be construed accordingly in these Terms of Use.
By installing and or using the App, you expressly agree to be bound by these Terms of Use and the App privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the App.
The Company reserves the right to change these Terms of Use at any time, effective immediately upon posting on the App. Please check the relevant tab containing the Terms of Use on the App periodically. The Company may not separately notify you of any changes to the Terms of Use and changes if any will be effective once they are published in the relevant tab. You are requested to update the App regularly to be able to view the updated Terms of Use. You hereby agree that if you violate these Terms of Use, Company may terminate your use of the APP, bar you from future use of the APP, and/or take appropriate legal action against you.
The functionalities of the App are being provided on an as-is basis and the Company does not guarantee continuous availability of these functionalities or any new or modified functionalities in the future. The Company does not claim any service level efficacy of the functionalities provided on the App.
The Company may change, suspend, or discontinue any aspect of the App or any functionality provided on the App at any time. Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the App.
You are hereby granted a limited, non-exclusive, revocable and non-transferable license to utilise and access the App pursuant to the requirements and restrictions of these Terms of Use.
You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the App. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the App, or any of its contents (including software) in whole or in part.
India is our Country of Domicile. Company controls this App from India. Company, makes no representation that this App is appropriate for use in other locations. If you use this App from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this App in violation of any applicable laws or regulations, including, but not limited to any Indian laws and regulations.
The Laws of India shall govern the use of the App and the Terms of Use, without regards to conflict of laws principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Mumbai, India.
The services and functionalities provided on the App are provided to you on behalf of the Valet Service Providers who have opted to digitize their valet parking service with the Company. The App does not provide independent valet parking service to You or charge Your for such services. Payments if any required to be made by you should be made directly to the Valet Service Providers.
The service offered by the App simplifies your valet parking experience with your Valet Service Providers by removing the need for generation of a valet paper-ticket, reducing wait times for initiating the valet parking of your vehicle and retrieving your parked vehicle.
The above services can be availed by you on the App by logging in/signing up on the App and then providing the necessary information for creation of an account on the App (“Account Information”). Account Information may include your username (to identify your account), password (to access your account), your phone number (to receive sms updates on the status of your parking and retrieval of your vehicle), your vehicle number, model, make and colour (to be recorded on your e-parking ticket).
Apart from the above, the App may if permitted by you collect your location information when you are using the App to provide you with relevant valet parking services offered by relevant Valet Service Providers in your vicinity so that you can identify your relevant Valet Service Provider and initiate a valet parking request.
The Company’s services are currently available only in Mumbai, India and the Company reserves the right to limit or expand its area of operations without any prior notice to you.
Any complaints or feedback relating to services provided by the Company may be addressed to hello@goparq.app. The Company usually takes 24-48 hours to respond and resolve complaints and by using the Company’s services through the APP you agree to provide the Company the above timeline to resolve any deficiencies in services.
These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorised officer of Company. All refunds will be made onto the original mode of payment.
By visiting the App, you represent, warrant and covenant that (a) you are at least eighteen (18) years old; (b) that the Account Information submitted by you on the App is accurate and belongs to you and does not infringe upon any third-party’s rights or violates any privacy related norms applicable to you; (c) you are entitled to use the services offered by the Valet Service Providers and (d) there are no restrictions under law or otherwise preventing you or barring you from using the App.
You agree that you are only authorised to visit, view and to retain a copy of pages of this App or e-parking tickets generated by the App for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this App for any purpose other than for personal use, unless otherwise specifically authorised by Company to do so. You also agree not to deep-link to the App for any purpose, unless specifically authorised by Company to do so. The content and software on this App are the property of Company or have been licensed to the Company. You also agree and acknowledge that you are not permitted to crawl the App for information and no information available on the App may be used by You or your affiliates or related parties to set up or offer any services whether free or charged to any other person.
If you use Company App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The App shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
You also agree that you shall not allow anyone else to use your account on the App and you shall not add any vehicles to your account that you are not authorized to use.
This App may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind.
The App may automatically produce search results that reference and/or link to third-party mobile apps or web-pages throughout the World Wide Web. The Company has no control over these apps/sites or the content within them. Company does not guarantee, represent or warrant that the content contained in these web-pages / mobile apps is accurate, legal and/or inoffensive. Company does not endorse the content of any third-party mobile apps, web-pages etc. nor does it make any representation or warranty about these mobile apps or web-pages including that they will not contain viruses or otherwise impact your computer.
By using the App to search for or link to another App, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the App to obtain search results or to link to another mobile app / web-pages. If you have a problem with a link from the APP, you may notify us at hello@goparq.app.
Company may terminate the privileges of any user who uses this APP to unlawfully without a license, express consent of the person on whose behalf it is doing so. If you submit information to this APP, you warrant that the information does not infringe the rights of third parties.
The APP and its contents of the APP are Company’s intellectual property and are protected by intellectual property laws. The content on the APP may not be copied or redistributed either in whole or in part without prior written consent of Company, except as expressly and specifically permitted under these Terms of Use.
The APP and its content are and will remain the exclusive property of Company. All rights, titles and interests in and to the APP will be and remain vested solely in Company. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the contents, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Company.
You acknowledge and agree that Company will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the App and its content created on the basis of use of the App by you or for you. At Company’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Company or perfect these rights, titles or interests in Company’s name.
COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THE APP AND/OR THE SERVICES APART FROM THOSE WHICH ARE SPECIFICALLY MENTIONED ON THE BOOKING FORM. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE APP BY ANY PERSON INCLUDING THE VALET SERVICE PROVIDERS AND THEIR EMPLOYEES / CONTRACTORS. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES AVAILED BY YOU COME WITH NO IMPLIED WARRANTY OTHER THAN THAT IS SPECIFICALLY STATED BY THE COMPANY IN THE TERMS OF USE. YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR IN ANY MANNER LIABLE FOR ANY LOSSES, DAMAGES ETC. SUFFERED BY YOU FOR ANY DEFICIENCY IN SERVICES BY THE VALET SERVICE PROVIDERS. BY USING THE SERVICES OFFERED TO YOU BY THE APP YOU UNDERSTAND AND AGREE THAT THE VALET PARKING SERVICE IS PROVIDED TO YOU BY THE RELEVANT VALET SERVICE PROVIDERS, THAT YOUR VEHICLE IS HANDLED BY THE VALET SERVICE PROVIDERS AND THEIR EMPLOYEES / CONTRACTORS. THE COMPANY IN NO WAY HAS ACCESS TO OR CONTROL OVER YOUR VEHICLE AT ANY POINT OF TIME. THE COMPANY AND THE VALET SERVICE PROVIDERS ARE INDEPENDENT PARTIES CONTRACTING WITH EACH OTHER ON A PRINCIPAL-TO-PRINCIPAL BASIS AND THE COMPANY SHALL IN NO WAY BE LIABLE FOR THE ACTS / OMISSIONS OF THE VALET SERVICE PROVIDERS OR THEIR EMPLOYEES / CONTRACTORS ETC INCLUDING ANY DAMAGE TO YOUR VEHICLE OR OTHER LOSSES AS THE CASE MAY BE.
YOU ALSO AGREE AND UNDERSTAND THAT THE APP DOES NOT MAKE ANY WARRANTIES REGARDING THE VALET PARKING SERVICES OR OTHER SERVICES OFFERED BY THE VALET SERVICE PROVIDERS AND THE APP RELIES ON INFORMATION PROVIDED BY VALET SERVICE PROVIDERS WHILE PROVIDING INFORMATION REGARDING THEIR SERVICES TO YOU. IN NO CASE, SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DENIAL OF SERVICES OR ANY CHANGE IN THE TERMS AND CONDITIONS OF THE VALET PARKING SERVICES BY THE VALET SERVICE PROVIDERS. THE APP SHALL ONLY ON A BEST EFFORTS BASIS TRY TO PROVIDE YOU WITH UPDATED INFORMATION BUT YOU UNDERSTAND THAT ANY INFORMATION RELATING TO OR REGARDING VALET SERVICE PROVIDERS AND THEIR SERVICES MAY NOT BE UPDATED ON A REAL-TIME BASIS AND MAY IN SOME CASES BE OUTDATED.
You understand and agree that in Company’s sole discretion, and without prior notice, Company may terminate your access to the App, or exercise any other remedy available and remove any unauthorised user information, if Company believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Company, or any third party, or your use of the services violates the Terms of Use of the APP or violates the law. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena.
You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the APP, including also your use of the APP to provide a link to another APP or to upload content or other information to the APP, or your breach of the Terms of Use.
The APP may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the APP are accurate and comply with all applicable laws. Company is not responsible for the acts or omissions of any advertiser or sponsor.
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.