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Terms and Conditions

Last updated: October 11, 2022

Welcome to parksby!

These terms and conditions outline the rules and regulations for the use of parksby technologies's Website, located at https://parksby.io and all its Mobile Application Softwares. By accessing this website and/or application we assume you accept these terms and conditions. Do not continue to use parksby if you do not agree to take all of the terms and conditions stated on this page.

By accessing this website and/or application we assume you accept these terms and conditions. Do not continue to use parksby if you do not agree to take all of the terms and conditions stated on this page.

Interpretation and Definition

Definitions

For the purposes of these Terms and Conditions:
  • Application means the software program provided by the Company downloaded by You on any electronic device, named parksby
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where ‘control’; means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Buyer refers to individuals or entities using our Service to occupy or reserve parking spaces listed on the Application.
  • Country refers to Kenya
  • Company (referred to as either “the Company”, “parksby”, “We” “Us”; or “Our” in this Agreement) refers to Parksby Technologies.
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Service refers to the Application
  • Sellers refers to individuals or entities advertising and renting out their parking spaces through our Service.
  • Terms and Conditions (also referred as “Terms” or “Agreement”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You (referred to as either "Client", “user”, “You” in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Interpretation

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the country. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. We may also suspend your access to the Application and/or Website (whether or not you have an account with us) if we believe you to be in breach of this Agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

We will not be liable to you for any loss or damage, in the event of a claim by a user on our application against you and, or your property, or anyone connected to you or your property. Nor shall we, in such circumstances, be required to return any money received by us under this Agreement to either you or the user with whom you transacted.

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 listing the Parking Space on the Website.

Parking Spaces

The listing for a Parking Space will indicate its availability, price and location.

By adding a parking space on our application, you declare that you legally own the Parking Space and hence will be fully answerable to the relevant authorities in issues pertaining thereto.

We are fully reliant on the details provided by the Seller about their Parking Space listed on the Service, thus we offer no guarantees as to the accuracy of the details, or its suitability for your requirements.

You agree that the website and application are platforms for listing Parking Spaces owned or controlled by Sellers and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes displaying its location, availability and price, confirming and terminating parking sessions and collecting payment on behalf of the Seller.

A user is able to occupy or reserve a Parking Space listed on the application without the express, direct or indirect agreement of the Seller.

Fees and Payment

We accept the following forms of payment

  • M-PESA

We charge a commission at a rate, which is variable but not exceeding 30% on all payments made for services rendered through our Application and Website.

In the case of making reservations, you will be charged a non-refundable down payment equal to the hourly charge of the parking space you are trying to reserve.

In the case of Parking Space occupation, you will be able to cancel occupation within 5 minutes without consequences, after which billing will begin at the Seller’s specified hourly charge.

You agree to pay all charges or fees at the prices then in effect for your parking, and you authorize us to charge your chosen payment provider for any such amounts upon exiting or reserving the parking space.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any parkings or reservations done using the Service.

Prohibited Activities

As a user of the Website or Application, you agree not to:

  • Use the Parking Spaces on the Application for any other activity other than parking your car or vehicle.
  • Access any other area, property or part thereof of the seller or buyer except which has been leased and authorized through the application
  • Interfere with, disrupt, or create an undue burden on the Application, Site or the networks or services connected to the Service
  • Use the Application or Website in a manner inconsistent with any applicable laws or regulations.
  • Use any information obtained through the Service in order to harass, abuse, or harm another person.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Cookies

We employ the use of cookies. By accessing parksby, you agreed to use cookies in agreement with the parksby technologies's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, parksby technologies and/or its licensors own the intellectual property rights for all material on parksby. All intellectual property rights are reserved. You may access this from parksby for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from parksby
  • Sell, rent or sub-license material from parksby
  • Reproduce, duplicate or copy material from parksby
  • Redistribute content from parksby

This Agreement shall begin on the date hereof.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Hyperlinking to Our content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations

We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of parksby technologies; and
(d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to parksby technologies. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of parksby technologies's logo or other artwork will be allowed for linking absent a trademark license agreement.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

By choosing to use our Service and/or Website, you do so at your own risk. You acknowledge and agree that Parksby does not have an obligation to conduct background checks on any Seller or Buyer.

We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Seller. We act only as a platform for both the Seller and the Buyer to reach an agreement on the leasing of the Parking Space.

By using the Application, users are bound by Google's Terms of Service

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: contact@parksby.io
  • By visiting this page on our website:
  • By phone number: +254703206180