- The website ParkAvail.com ("the Site") is a parking space rental agency which allows you to book parking spaces anywhere in the world.
- The Site is operated by ParkAvail Limited ("we" or "us") and membership is open to any individual who chooses to register with the site.
- These terms will apply to anyone who views or uses the Site ("you").
- These Terms and Conditions relate to your passive use of the Site, if you wish to book a parking space through the Site you will also need to enter into a Parking Space License Agreement with the parking space owner and you will be bound by our Driver Agreement.
- If you are a parking space owner and you wish to rent your parking space with us you will be bound by our Parking Space Owner agreement.
- Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
- Registration with the Site is currently free, however in order to become a registered user you will have to provide some basic personal information.
- You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.
- On receipt of an email by you to us cancelling your registration then we will terminate your registration.
- We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
Use and Abuse of the Site
- You agree that any information you supply will be true and accurate.
- You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
- We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
Advertising and Commercial Use
- Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
- You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
- In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
- The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
- We request that all information provided to us is accurate, current and complete.
- All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Other Sites and Linking
- The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- The format and content of this Site is protected by Canada and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not screen user-generated content (including content relating to available parking spaces) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
To be eligible for the Referral Reward Programme:
- You must have an active User account on ParkAvail;
- You may not refer yourself for the Referral Program;
- The Referred User should not already have a User account (active or inactive) on ParkAvail;
- The Referred User should sign up for a User account using the activation link of the Referral Invitation;
- You won't receive rewards if you're the driver or property owner on a booking with a person you refer. Additionally, if both a driver and property owner are referred by you, you won’t receive rewards if they book with one another.
- If you refer a driver: the reward will be issued to your ParkAvail balance within 14 days of your referred user's first booking beginning.
- If you refer a space owner: the reward will be issued to your ParkAvail balance within 14 days of the referred user's first received booking beginning.
- Rewards issued to your ParkAvail balance can only be withdrawn to your bank account. You cannot use the rewards as credit on a booking.
- We reserve the right to close customers’ accounts of Referring or Referred Customers, if these have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these terms of applicable laws
- We reserve the right to terminate the Programme or change the terms at its own discretion at any time
- Fraud or abuse relating to the accrual of rewards in the Programme may result in forfeiture of accrued rewards as well as cancellation of a User's Account and any ParkAvail Customer Account.
- Our failure to enforce a particular Term or Condition does not constitute a waiver of that Term or Condition by us.
- All questions or disputes regarding eligibility for the Programme or the eligibility of rewards for accrual will be resolved by ParkAvail in its sole discretion
The following terms and conditions relate to your use of our car parks.
- Our liability to you
- We must operate the Car Park with reasonable skill and care (“our obligations”). If we do not, we are only responsible for direct loss or damage you suffer as a foreseeable result of our breach of our obligations or our negligence or the negligence of our employees.
- We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
- Although we owe you the obligations set out at clauses 1.1 and 1.2 above, you should be aware that the Car Park is open to the general public. We cannot guarantee that members of the general public will not enter our Car Park and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.
- The parking tariff payable by you (as varied from time to time) will be displayed on signs at the entrance of the car park and signs within the car park. You are obliged to pay the parking tariff and to comply with any instructions on the signage as supplemented by these Terms. Failure to do so may result in us issuing you with a Parking Charge Notice (please refer to clause 5 (Parking Contraventions) of these Terms).
- Should you fail to make payment and have a payment method stored with ParkAvail, ParkAvail are authorised to automatically take payment for the full amount due to us for time parked. The fee will be calculated according to duration parked which is collected from the Automatic Number Plate Recognition technology installed in car parks.
- Claims and complaints
- If your vehicle sustains damage while in the Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Car Park you should:
- immediately inform ParkAvail by contacting our Customer Services Department through our help centre.
- in the case of theft, immediately inform the police; and
- notify your insurers promptly.
- Before submitting a claim, please refer to clause 1.2 (Our liability to you) of these Drive-Up Parking Terms, which set out the extent of our responsibility to you in relation to any loss.
- Parking Contraventions
- It is important for the effective management of the Car Park that:
- you comply with all signs in the Car Park, including these Terms and all signage;
- you park within the limits of a marked bay;
- you do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or marked pre-bookable spaces); and
- If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs). Specific details about the Parking Charge payable are available in each Car Park.
- Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
- By parking your vehicle in the Car Park you consent to us capturing, using and processing your VRM and personal details via CCTV and ANPR for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a vehicle’s registered keeper from the DVLA.
- If the Car Park and/or the equipment in the Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle then, except where the damage arises as a direct result of our negligence, we will seek to recover the cost of that repair and associated administration costs from you.
- 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.
- We may install CCTV cameras in the Car Park at our discretion to assist in its proper running. We acknowledge that the cameras may act as a deterrent to criminal activity, but do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Car Park.
- 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.
- Safety in the Car Park
- For safety reasons you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing your vehicle.
- Abandoned vehicles
- We are entitled to regard as abandoned any vehicle left in the Car Park for more than 28 days without prior notification.
- We reserve the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles we will:
- refer the matter to the appropriate authorities, which may include the local police and the DVLA; and
- affix a notice to the vehicle at least 7 days before the date on which we propose to remove the vehicle stating that the vehicle will be removed and sold when that period expires.
- Abandoned vehicles will be disposed of as waste or sold by auction. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession.
- Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the vehicle and paid over on proof of entitlement.
- Prohibited activities
- You must not tow any vehicle into the Car Park except as part of the services offered at the Car Park by persons authorised by us and no work on and no cleaning of vehicles by you or your agent, other than with our prior specific permission, is permitted in the Car Park. In the event of vehicle breakdown you must contact ParkAvail to ensure that your vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.
- No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without our prior specific written permission.
- You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the Car Park.
- You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Car Park.
- Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
- Anti-social behaviour will not be accepted in our Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.
- For users domiciled in the Canada, these terms and conditions are governed by the laws of England of Wales and are made between Park Avail Inc(trading as ParkAvail) and you.
- For users domiciled outside the Canada, these terms and conditions are governed by the laws of the State of New York without reference to its principles of conflicts of laws and are made between ParkAvail (US) Inc and you.
- If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We may make changes to the format of the Site, services provided or to the Site's content at any time without notice.