PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APPLICATION
1.1 We are Enesa Eco Solutions Private Limited. ("We"). We are a limited company registered in India and we have our registered office in Mumbai (Mahrashtra). We provide the Services (as defined below).
1.2 These terms and conditions (the “Terms”) set out the terms on which you may make use of our applications for smart phones published from time to time on multiple platforms (together the “Application Vahanpark”) and our website located at www.vahanpark.com (the “Website”), whether as a guest or a registered user in each case including any changes we may make and/or any new features we may introduce from time to time. Use of the Application includes downloading, accessing, browsing, and registering to use the Application.
1.3 We make the Application and the Website available to individuals and business users who wish to make use of our parking services provided through the Application as further detailed below (the “Parking Services”). Our valet parking agent (each an “Agent”) also have access to the Application.
1.4 In order to simplify these Terms, the Website, the Application and the Parking Services are collectively referred to herein as the “Services”.
2. AGREEMENT TO THE TERMS
2.1 Please read these Terms carefully before you start to use the Services, as these Terms will apply to your use of the Services. We recommend that you print a copy of these Terms for future reference.
2.2 We may revise these Terms from time to time by amending this page. We will notify you of any changes to these Terms by sending an email to the address recorded by you when you registered with the Application or by posting a message on the Application.
2.3 By using the Services, you confirm that you accept these Terms (as amended from time to time) and that you agree to comply with them. If you do not agree to these Terms, you must not use the Services.
3. ACCESSING AND USING THE SERVICES
3.1 The Website and the Application are made available free of charge. Access to certain Services may be subject to a charge.
3.2 You are responsible for making all arrangements necessary for you to have access to the Services. We shall not be responsible for any data or network costs associated with your use of the Services.
3.3 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.4 You may not use the Services for business purposes. This means that you may not resell the Services and/or use the Services to provide parking services for or on behalf of your customers. You must be capable of entering into a binding agreement with Vahanpark and must not be barred from using the Service by any applicable law.
3.5 Each time you use the Services, you represent and warrant that:
(a) you are at least 18 years old;
(b) you are one of: (i) the registered owner of the motor vehicle in relation to which the Services are to be provided (the “Vehicle”); (ii) the registered keeper of the Vehicle; or (iii) directly authorised by the registered owner or registered keeper of the Vehicle to drive the Vehicle and make use of the Services;
(c) you possess a valid driver’s licence and are authorised to operate a motor vehicle and have all appropriate licenses, approvals and authority to participate in the Services in all jurisdictions in which you use the Services;
(d) the Vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind;
(e) you will be solely responsible for any and all liability which results from the condition of the Vehicle, including, but not limited to personal injuries, death and property damages;
(f) you will be solely responsible for the full functionality of the Vehicle. If the Vehicle fails to function (electrical, mechanical or other) in any way while we are in possession of the Vehicle, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind. We may arrange such services on your behalf;
(g) you have the legal right to designate Vahanpark and any of its Agents as your agent and you delegate actual authority to Vahanpark and to any of its Agents to operate the Vehicle and to make decisions on your behalf for the purposes of providing the Services;
(h) you are named or scheduled on a valid insurance policy (the “Insurance”) covering the Vehicle you use when participating in the Services which meets the minimum requirements set out in law for use of the Vehicle in any jurisdiction in which you use the Services; and
(i) the Insurance covers any anticipated losses related to your participation in the Services or the operation of the Vehicle by Vahanpark or any of its Agents.
3.6 You hereby indemnify us against any claim, loss or penalty brought or imposed against Vahanpark or any of our Agents as a result of any breach of the warranties in paragraph 3.5.
4.1 In order to use some of the Services, you will be required to register and create an account (an “Account”). You can create an Account via the Application or via third party social networking services. If you choose to register using a third party social networking service, we will complete certain information in respect of your Account by extracting pre-existing personal information such as your name, email address and other personal information from your social networking accounting so long as your privacy settings with the social networking service permit us to do so.
4.2 During the registration process, we may ask you to provide information about the Vehicle, such as its make, model, colour and number plate (the “VIN”). We require this information in order to be able to provide the Services. You must ensure that this information is kept up to date at all times and you agree to update such information to keep it accurate, complete and up-to-date. If you do not maintain current information with us, we may have to suspend or terminate your Account.
4.3 During the registration process, you will be required to provide certain bank account and/or card details (together the “Payment Information”) to our third party payment processor which is Paytm, Payumoney (the “Payment Processor”). All Payment Information will be provided directly to the Payment Processor. Vahanpark will not receive or store any such Payment Information.
4.4 You are responsible for all activities that occur under your Account, whether or not you know about them. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your password, you must promptly notify us and/or change the password.
4.5 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. THE SERVICES
5.1 Through the Application and the Website, a user is able to create a profile, schedule Parking Services and communicate with and rate Agents.
5.2 The Parking Services include:
(a) the ability to leave the Vehicle with an Agent at a location designated by you through the Application (the “Drop Off”) for transportation to, and storage in, a Vahanpark designated parking spot (the “Car Park”); and
(b) the ability to have the Vehicle collected from the Car Park by an Agent and transported to a location designated by you through the Application in order for you to retrieve the Vehicle (the “Return”).
5.3 Please note that the Parking in which the Vehicle will be stored between Drop Off and Return will be provided by a third party. By using the Services, you authorise us to store the Vehicle in the Car Park subject to the policies of the Car Park then in effect.
Scheduling a Drop Off or Return
5.4 You may schedule a Drop Off or Return by providing the necessary descriptive information for the required Parking Services through the Application, including (i) the Drop Off or Return locations (as applicable), and (ii) the desired Drop Off or Return time (together, the “Services Information”). In the event that you provide an estimated Return time, you will also be presented with an estimate of the Fees (as defined below) applicable to the Parking Services based on the Services Information you have provided before you confirm your Drop Off reservation.
5.5 Please note that a Return time notified to Vahanpark at the time of making a Drop Off reservation is an estimate only and is not a reservation for a Return at that time.
5.6 Once you have confirmed your Drop Off or Return, Vahanpark will allocate the Booking to one of our Agents. You will have the ability to cancel your Drop Off or Return for a reasonable period of time before the scheduled Drop Off or Return time. The applicable cancellation period will be communicated to you via the Application (the “Cancellation Period”).
5.7 We will endeavour to arrange to have an Agent meet you at the designated location to retrieve or deliver the Vehicle at the designated time. We arrange for our Agents to arrive before you are scheduled to arrive for a Return to avoid traffic issues and so that an available spot for Drop Off can be identified. If you know you will be late for the Return, it is your responsibility to notify us via the Application of any delay. Our Agents are directed to only wait up to 10 minutes before they are asked to re-contact Vahanpark for an additional assignment. We reserve the right to charge cancellation fees for late arrivals at either the Drop Off or Return locations.
Drop Off and Return Procedure
5.8 Drop Off. When you have arrived at the location designated in the Service Information, at the designated time the Agent will meet you and ask you to validate the Drop Off. You must not give a person possession of the Vehicle unless the Drop Off has been properly validated as described in the section titled “Validation” below.
5.9 Once the Drop Off has been Validated, the Agent will transport the Vehicle to the Car Park and will store the Vehicle's keys in a secure location, not necessary controlled by Vahanpark.
5.10 Return. When you have arrived at the location designated in the Service Information, at the designated time the Agent will meet you and ask you to validate the Return. In the event that you cannot Validate the Return, the Agent will not be able to return the Vehicle to you. This is to protect you and your Vehicle.
5.11 Once the Return has been validated, the Agent will return possession of the Vehicle to you.
5.12 Vahanpark agents are not permitted to take custody of a Vehicle in traffic, double park in the flow of traffic, or park illegally including without limitation on double red lines.
5.13 You must also obey all traffic laws when using the Services. Specifically, you should not park the Vehicle in any illegal spot for a Drop Off. Therefore you may not park in bus stops, on double red lines or red routes, in disabled parking spaces, or in locations that are dangerous or could disrupt traffic flow. You are responsible for transferring the custody of the Vehicle to Vahanpark in a safe and legal manner.
5.14 We will always try our best to procure that an Agent meets you at the Drop Off or Return location (as applicable) at the designated time. However, on occasion, through reasons outside of our control, this may not be possible. In the event that our Agent is more than ten minutes late to the Drop Off or Return location (as applicable), you may cancel your Drop Off or Return reservation (as applicable) without charge. Notwithstanding the foregoing, time shall not be of the essence with regards to Vahanpark in respect of any Drop Off or Return (as applicable) and Vahanpark shall not be liable in any circumstances for any delay or losses suffered by you in respect of any Agent arriving at a Drop Off or Return location (as applicable) late.
5.15 The list of parking locations on vahanpark is not the exhaustive list. Also the locations suggested are on the basis of certain information collected from various sources and Vahanpark does not assume responsibility of 100% accuracy.
5.15 Subject to the below, Vahanpark will generally provide the Services between the hours of 8:00 AM and 10:00 PM BST on Monday through Saturday only (the “Operating Hours”). Vahanpark may not provide the Services and/or may alter the hours of operation on certain days. Any such changes will be detailed on the Application. Some Car Parks may have strict opening hours and it may not be possible to collect a Vehicle from a Car Park after a certain time. You should ensure that you notify Vahanpark in good time if your estimated Return time is likely to be later than any Return time provided in the Service Information or subsequently reserved with Vahanpark.
5.16 Vahanpark is unable to arrange a Return outside of the Operating Hours. If you do not confirm your Return during Operating Hours you will be required to arrange the Return of the Vehicle the next day during Operating Hours. This will incur additional Fees for storage over night.
5.17 In order to validate your Drop Off or Return , Valet will mark the vehicle pick up and drop in the mobile app.
5.18 In the event that Valet do not update pick up of vehicle the Drop Off or Return will not be validated. In such circumstances you must NOT give possession of the Vehicle to the Agent under any circumstances. In such circumstances you should contact Vahanpark customer services for a solution.
Vahanpark is a website and app to display car and bike parking information in India. Although we strive for 100% accuracy of parking data, but due to several dynamics in parking, including but not limited to operator rate changes, complete removal of parking lot itself, the parking data displayed by Vahanpark may fully or partially become inaccurate and we cannot be held responsible for inaccuracy of data.
Vahanpark displays only publicly available parking spaces, used by public in general. If there is any private parking displayed in the website or app, contact us) with credible proof, which after perusal of the proof, the parking information would be removed or modified as per our discretion.
6. PAYMENT TERMS
6.1 By making a Drop Off reservation, you authorise the Payment Processor to use the Payment Information provided by you to charge your credit card or bank account (the “Payment Method”) for all applicable fees and sales taxes that may be due to Vahanpark in relation to your use of the Services (the “Fees”).
6.2 You will be charged a single amount for Parking Services. The Fees will vary depending on the location of the Drop Off and Return , type of vehicle and the duration of use of the Parking Services.
6.3 Please note that the Fees for the Parking Services may vary from any estimate given to you prior to you making the Drop Off reservation based on the actual amount of time between Drop Off and Return and any other relevant factors.
6.4 In the event that you fail:
(a) to arrive at a Drop Off or Return location at the designated time;
(b) fail to cancel a Drop Off to Return reservation within the applicable Cancellation Period; or
(c) fail to arrange a Return reservation within the applicable Operating Hours,
you will be charged an additional Fee. Details of these fees are available on the website.
6.5 You are responsible for providing complete and accurate Payment Information and contact information to us. We may suspend or terminate your access to the Services if your Payment Method is not accepted.
6.6 All Fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts payable in respect of the Services must be paid in Great British Pounds Sterling. Quoted Fees do not include any applicable sales taxes (including without limitation VAT). Vahanpark has no obligation to provide refunds or credits relating to any Parking Services, but may do so in Vahanpark’s sole and absolute discretion.
6.7 You can access invoices in respect of Fees in your user area. You can download, print and email such invoices via your personal payment page.
7. INSURANCE AND DAMAGE TO THE VEHICLE
7.1 The Insurance must cover the Vehicle whilst it is parked in the Parking. In the event that the Vehicle is stolen or otherwise damaged whilst stored in the parking, you will be required to claim for any loss or damage to your Vehicle under your Insurance. In line with normal market practice in the India, the parkings excludes all liability for loss or damage to the Vehicle whilst it is stored in the Parking area.
7.2 Vahanpark provides limited liability insurance as add on product ,covering Agents during the performance of the Parking Services i.e. whilst they are in possession of and/or driving the Vehicle. This means that Vahanpark’s insurance will cover any damage to the Vehicle arising as a result of an accident whilst an Agent is in control of or driving the Vehicle. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply. This will be available when the user specifically opt that and pay extra charges for the same as per policy of vahanpark. This cover will be for extra own damage liability not covered in the Motor Car Policy of the vehicle and excludes any damage to the third party and will trigger only when vehicle has a valid motor insurance policy.
7.3 When the Vehicle is returned during the Return process, you are required to check the Vehicle to ensure that no damage has occurred whilst the Parking Services have been performed. If you believe that damage has occurred to the Vehicle you must notify the Agent at the time of the Return and raise a damage report by contacting customer support. If you wish to be reimbursed for any damage to your vehicle that you believe occurred during the performance of Parking Services (the “Vehicle Damage”), you must submit a claim (the “Claim”) for such damage giving full details of the damage and attaching any evidence through the Application or the Website within 3 days of the day on which the Parking Services were performed. If you fail to submit your claim within the 3 day period, you waive any right to reimbursement from Vahanpark for such Vehicle Damage. You agree to provide Vahanpark with any information or documentation that Vahanpark may require in order to verify a claim for reimbursement for Vehicle Damage.
7.4 In the event that the Vehicle Damage is suffered during the performance of the Parking Service (and the Agent is aware of such Vehicle Damage), the Agent should automatically notify Vhanpark of the Vehicle Damage. Vahanpark will create a Claim and you should be provided with details of the Claim when the Vehicle is returned.
7.5 Depending on the nature of the Vehicle Damage and the circumstances of the Claim, you may be able to handle the Claim directly yourself through your insurance company or Vahanpark may be able to handle the Claim directly with its own insurance company. In either case, the Claim should have no impact on your no claims bonus.
7.6 Vahanpark will not be responsible for any incidental, special, exemplary or consequential damages in connection with any Vehicle Damage. Vahanpark’s liability to reimburse you for Vehicle Damage shall be limited to the actual costs of repair by a mechanic or automobile repair company selected by or with the consent of Vahanpark.
7.7 You may not get Vehicle Damage repaired at an automobile repair company without the prior written consent of Vahanpark. Any repairs must be on a like for like basis and must be approved by Vahanpark or its insurance company prior to any repairs being completed.
8. ACCEPTABLE USE
8.1 You may use the Services only for lawful purposes. You may not use the Services:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the provisions relating to content in these Terms;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the Application or Website in contravention of the provisions of these Terms;
(b) not to access without authority, interfere with, damage or disrupt: (i) any part of the Application or the Website; (ii) any equipment or network on which the Services are stored or through which the Services are operated; (iii) any software used in the provision of the Services; or (iv) any equipment or network or software owned or used by any third party connected with the Services.
9. REVIEW STANDARDS
9.1 These content standards apply to any and all material which you contribute to the Application and/or the Website (the “Content”) in respect of any review of any Agent and to any other interactive services associated with them.
9.2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
9.3 Content must:
(a) be accurate, complete and not misleading (where they state facts);
(b) be genuinely held (where they state opinions) and not libel any person (whether living or dead);
(c) be original works or works which you are licensed and authorised to publish in their entirety; and
(d) comply with applicable law in the India and in any country from which they are posted.
Content must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
(i) involve the operation of any lottery, sweepstake, game of chance or other regulated or restricted gambling activity;
(j) promote any illegal activity;
(k) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(n) give the impression that they emanate from us, if this is not the case; or
(o) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9.5 You warrant that any Content uploaded by you to the Application and/or the Website complies with the Content standards set out above, and you will be liable to us and indemnify us for any breach of that warranty.
9.6 Any Content you upload to the Application and/or the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence to use, store and copy such Content.
9.7 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Application and/or the Website.
9.8 We have the right to remove any post you submit to the Application and/or the Website if, in our opinion, your post does not comply with the content standards set out herein or for any other reason.
9.9 The views expressed by other users on the Application and/or the Website do not represent our views or values.
9.10 Subject to your compliance with these Terms, Vahanpark grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services.
10. APPLICATION MATTERS
10.1 Subject to your compliance with these Terms, Vahanpark grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install copies of the Application on mobile devices that you own or control and to run such copy of the Application solely in connection with your permitted use of the Services.
10.2 Except as expressly permitted in these Terms, you may not:
(a) copy, modify or create derivative works based on the Application;
(b) distribute, transfer, sublicense, lease, lend or rent the Application to any third party;
(c) reverse engineer, decompile or disassemble the Application; or
(d) make the functionality of the Application available to multiple users through any means. Vahanpark reserves all rights in and to the Application not expressly granted to you under these Terms.
Additional Terms for App Store Applications
10.3 If you accessed or downloaded the Application from the Apple Store, then you agree to use the Application only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
10.4 If you accessed or downloaded the Application from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
(a) these Terms are concluded between you and Vahanpark, and not with App Provider, and that, as between Vahanpark and the App Provider, Vahanpark is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the Application.
10.5 The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to:
(a) product liability claims;
(b)any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
10.6 In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Vahanpark will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim solely to the extent required by these Terms.
10.7 The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.
10.8 You must also comply with all applicable third-party terms of service when using the Application.
10.9 You agree to comply with all European and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
11.1 We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
11.2 Failure to comply with these Terms constitutes a material breach of the Terms upon which you are permitted to use the Services, and may result in our taking all or any of the following actions without giving you any notice:
(a) immediate, temporary or permanent withdrawal of your right to use the Services;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Application or the Website;
(c) issue of a warning to you;
(d) commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) take further legal action against you; and/or
(f) disclose of such information to law enforcement authorities as we reasonably feel is necessary.
12. NO RELIANCE ON INFORMATION
12.1 The Content on the Application and the Website is provided for general information only.
12.2 Although we make reasonable efforts to update the information on the Application and the Website and we may from time to time monitor Content published to the Application and the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Application and the Website is accurate, complete or up-to-date.
13. LIMITATION OF OUR LIABILITY
13.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on it, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Services; or (b) use of or reliance on any Content displayed on the Application and/or the Website.
13.4 If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c)loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
13.5 If you are a consumer user, please note that we only provide the Services for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content on it, or on any website linked to it.
13.7 We assume no responsibility for the content of websites linked to the Application or the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or any goods or services advertised via them.
14.1 Vahanpark provides the Services on an “as is” and “as available” basis. You therefore use the Services at your own risk.
14.2 Vahanpark expressly disclaims any and all warranties of any kind, whether express or implied, including without limitation the implied warranties of the merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
14.3 Without limiting the foregoing, Vahanpark makes no representations or warranties:
(a) that the Services will be permitted and/or available in your jurisdiction;
(b) that the Services will be uninterrupted or error-free;
(c) relating to any third party’s use of the Content submitted by you;
(d) that any Content submitted by you will be made available on the Application or the Website;
(e) that the the Services will meet your business or professional needs; or
(f) that Vahanpark will continue to support any particular features of the Services.
14.4 To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied and statutory warranties will be limited in duration to a period of 30 days after you first use the Services and no warranties shall apply after such period.
15.1 We do not guarantee that the Services will be secure or free from bugs or viruses.
15.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
15.3 You must not misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application or Website, the server on which the Application and/or the Website is stored or any server, computer or database connected to the Application and/or the Website. You must not attack the Application and/or the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
16. LINKING TO THE WEBSITE
16.1 You may link to our home page on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2 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.
16.3 Neither, the Application nor the Website must not be framed on any other website, nor may you create a link to any part of the Application or the Website other than the home page.
16.4 We reserve the right to withdraw linking permission without notice.
16.5 If you wish to make any use of Content on the Application or the Website other than that set out above, please contact us.
17. THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE
17.1 Where the Application or the Website contains links to other websites and resources provided by third parties, these links are provided for your information only.
17.2 We have no control over the contents of third party websites or resources.
18.1 You consent to receive all communications including notices, agreements, disclosers, or other information from Vahanpark electronically either by email or by posting them on the Application or the Website.
18.2 You may send notices of a legal nature to Vahanpark’s registered address as detailed at the beginning of these Terms.
19. GENERAL MATTERS
19.1 Headings are for convenience only and shall not be used to construe these Terms.
19.2 If any of these Terms is found to be unenforceable by any court of competent jurisdiction, that Term shall be deemed severed from these Terms.
19.3 No failure or delay by Vahanpark in exercising any right hereunder shall be deemed to be a waiver by Vahanpark of such right.
19.4 Vahanpark’s rights remedies under these terms are cumulative.
19.5 These Terms are binding on and shall inure to be benefit of Vahanpark and its users and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
19.6 Users may not assign any rights under these Terms without Vahanpark’s prior written consent.
19.7 No third party shall have any rights hereunder.
20. TERMS, TERMINATION AND ACCOUNT DELETION
20.1 These terms shall become effective on the earlier of;
(a) you first accessing the Services; and
(b) registering as a user of the Services.
20.2 You may delete your account at any time.
20.3 Vahanpark may suspend, disable or delete your account or block or remove any Content thereon in accordance with the remainder of these Terms.
20.4 Upon termination all licences granted by Vahanpark will terminate. In the event of account deletion for any reason, Content submitted by you may be deleted and may no longer be available.
21. YOUR RESPONSIBILITIES AS TENANT(PARKER/DRIVER)
21.1 You agree that the Website is a platform for advertising Parking Spaces owned by Lister 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 Owner.
21.2 Whilst we endeavor to ensure the Parking Spaces advertised on the Website 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 Owner for details about a Parking Space given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details
21.3 You must only use the Parking Space at the times specified in the booking confirmation. If you use the Parking Space at any earlier or later time you may be liable to the Space Owner and you agree to pay the overstay parking charges in the event of an overstay.
21.4 You agree not to attempt to contact a parking space owner until a Booking has been confirmed, or we grant you permission to do so.
21.5 Upon arrival at the parking space at the commencement of the rental period, you should inspect the parking space and ensure that it is suitable for your requirements. If this is not the case, you may request to terminate the rental and be provided with a full refund.
212.6 You agree not to utilise the parking space for any unauthorised use.
21.7 You agree not to obstruct other parking spaces or property when parking.
21.8 You agree to notify us immediately if any damage occurs to the parking space.
21.9 You agree not to conduct any commercial activity from the parking space.
21.10 You agree to maintain the parking space in good order, and leave it in the same condition as it was found.
21.11 We make great efforts to ensure that Lister offer a good service and provide their Parking Space in accordance with your expectations but we accept no responsibility and will have no liability to you if the Parking Space or the services of the Space Owner 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 Space Owner but we may assist (at our discretion) in seeking to resolve a dispute between you (Parker/Driver) and the Space Owner
21.12 You agree to adhere to an Space Owner’s request to terminate the rental of their parking space.
21.13 You agree that if you have any dispute with an Owner 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 Owner.
21.14 In the event that a dispute cannot be resolved with the Space Owner directly, you may refer the dispute to us or make a complaint. Similarly, an Owner 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 Space Owner or we may require that the Space Owner refund payments it has received in relation to the relevant booking to you.
21.15 You agree to abide by the cancellation policy.
21.16 You agree to vacate the parking space on the Rental Termination Date specified, and return any entry devices, permits or other items to the owner by this date.
21.17 You are not allowed to dispose of any items or drop litter in the parking site. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the parking site.
21.18 You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the parking site. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the parking site.
21.19 Smoking is forbidden within both the parking site and the immediate vicinity of the parking site.
21.20 Anti-social behaviour will not be accepted in the parking sites. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Parking sites are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others then action may be taken against them.
21.21 Security of your vehicle - Please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.
21.22 Possessions - Any possessions left in a vehicle are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.
22. YOUR OBLIGATIONS AS PARKER
22.1 You must not attempt to contact a Space Owner directly until a Booking has been confirmed;
22.2 You must 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
22.3 You must maintain insurance on the vehicle as required by applicable law
22.4 You must not use the Website in any way which may detrimentally affect the reputation of Vahanpark or the use and enjoyment of the Website or our Services by any other users or third parties.
22.5 You agree that you will not create any false account with vahanpark or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
22.6 You must have a valid driving license, vehicle registration and insurance.
22.7 Buyers are required to abide by all terms and conditions associated with Vahanparkcoupons and discounts. Accordingly, Buyers may not post codes or distribute them in any other manner as all such codes are non-transferable and are generally intended only for one-time use. Vahanpark, in its sole discretion, may suspend your account for violation of this term. Furthermore, any continued violations may result in the immediate termination of any and all of your accounts, without noticevahanpark reserves the right to seek any and all legal remedies available to us, both at law and in equity; including, but not limited to, monetary damages or injunctive relief. If you have a coupon that automatically applies to any booking on your account, it can only be used when you are signed into that account and will not be applied to any bookings made under a guest account. Additionally, any credits you may receive, for any reason, can only be used when you are logged into your account and will not be transferred to another user’s account or booking made from a different account.
22.8 Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.
22.9 All parking prices on Vahanpark are set directly by the parking garage owner or operator or lister, not vahanpark.
23. APPLICABLE LAW
23.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Indian law. You and we both agree to that the courts of Mumbai will have non-exclusive jurisdiction.
23.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Indian Law. We both agree to the exclusive jurisdiction of the courts of Mumbai.
Vahanpark (Company, We or Us) respects your privacy and are committed to protecting it through our compliance with the policy. Please read this policy carefully to understand our policies & practices. If you do not agree with our policies and practices, you should not use our Services. This policy describes the types of information we may collect from you or that you may provide when you visit our website/app and our practices for collecting, using, maintaining, protecting and disclosing this information.
We may collect information from you when you visit/register on our site or respond to a survey. While visiting our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or debit/credit card information. You may, however, visit our site anonymously. We use data collection devices such as "cookies" on certain pages of the Site to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "cookies" are small files placed on your hard drive that assist us in providing our services.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. The information collected may include, amongst other things, your name, date of birth, address, telephone numbers, email address, occupation etc.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. In running and maintaining our website we may collect and process the following data about you when you use and/or sign up for the site. Information about your use of the site including details of your visits such as the browser you used, the pages you viewed and any content or advertisements you clicked on. Information provided willingly by you. This includes your name, mailing address, phone number and email address, as well as any additional information provided when you sign up to the site, or make an enquiry through the site.Information that you provide when you communicate with us by any means, whether through the site web form, via email or phone.
Your payment information is not collected or stored by us. It is collected and stored by our payment processors, securely and privately. We cannot guarantee the privacy and security of data you send to us electronically. Information sent via the internet can be intercepted, and thus any sending of information from you to us via the internet is at your sole and entire risk.
We may in certain circumstances be legally bound to disclose your personal information. This could relate to the reduction or avoidance of fraud, or to aid those invested in fraud protection.
We may share your personal information with the owner of a parking space you have enquired about, whether that is a private owner or commercial partner of vahanpark, in order that you receive a relevant response to your enquiry.
Similarly, if you enter into a rental agreement, your name, phone number and email address may be shared with the other party who has also entered the agreement, so that you can contact each other with regards to the rental.
We may share your personal information with a third party in the event of a merger, transfer or sale of some or all of our assets.
We will never sell your information to third parties for any purpose.
C-4902. Omkar Alta Monte, Kokanipada, Off Western Express Highway, Malad E, Mumbai 400097