TERMS & CONDITIONS
Part I: General Terms and Conditions
The Parkzebra name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of ParkZebra Inc. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Parkzebra or third party trademarks or logos without the prior written consent of Parkzebra or the applicable trademark owner.
The service provided by Parkzebra is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking where applicable. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, Parkzebra does not:
- Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting in our behalf;
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers;
- Warrant that the Internet, our website or any email from us is free of ‘viruses’ or other potentially harmful effects;
- Endorse the use of cell-phones while driving;
- Guarantee the availability of a specific parking spot in the location you selected;
- Assume any responsibility whatsoever for the consequences of not being able to park, or delays associated with parking.
This Site is intended for personal, non-commercial use (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Site, unless specifically permitted by Parkzebra. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Parkzebra’s prior written consent is prohibited.
Parkzebra makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Parkzebra. will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Parkzebra in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of Parkzebra and may be used by Parkzebra in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Parkzebra is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
To the extent this Site contains links to outside services and resources, any such links are provided for your convenience only. ParkZebra does not control those outside services or resource providers, and is not responsible for their contents or practices, including their privacy practices. ParkZebra does not endorse the operators of those outside services or resource providers, nor does it endorse or make any representations with respect to the contents of their web sites or any products or services offered on those web sites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Parkzebra does not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
The Site contains various information in the form of data, text, graphics, and other materials from Parkzebra and third parties (the “Site Content”). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content is and shall remain the property of Parkzebra or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.
As between Parkzebra and you: (i) Parkzebra retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site, including, without limitation, the API, Database, Parkzebra Content, trademarks, and any and all Parkzebra services and any content created or derived therefrom (collectively, the “Parkzebra IP”); and (ii) you and, to the extent applicable, your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by Parkzebra. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Parkzebra or its suppliers. You shall not take any action inconsistent with Parkzebra’s ownership of Parkzebra IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.
Parkzebra makes no guarantees with respect to the availability or uptime of the Parkzebra Site, the API, the Parkzebra Content or the Database. Parkzebra may conduct maintenance on any of the foregoing at any time with or without notice to you.
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The Site, the Site Content, the API, the Database, and any other materials and products on this Site are provided “as is” and without warranties of any kind, whether express or implied. ParkZebra assumes no responsibility for the accuracy of any information contained on its Site, for any interruptions or errors in accessing its Site, or for any viruses or other harmful components contained on its Site or the server from which its Site is made available. ParkZebra makes no warranties or representations regarding the use of the materials on its Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. PARKZEBRA DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO ITS SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH ITS SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL PARKZEBRA OR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF ITS SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON ITS SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF ITS SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON ITS SITE, EVEN IF PARKZEBRA IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Parkzebra’s liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via Parkzebra in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. ParkZebra’s liability in such case will be limited to the greatest extent permitted by law.
If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent, please email to email@example.com
This Agreement shall be governed by and interpreted in accordance with the laws of the specific city of operation (such as Bangalore, Karnataka, India), without regard to its provisions governing conflicts of law. If ParkZebra alleges that you have infringed or threatened to infringe its intellectual property rights, then, in addition to any other rights and remedies ParkZebra may have, ParkZebra may also seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the operating city (such as Bangalore, India) and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Part II: Additional Terms and Conditions Specific to Buyers
Users who book and pay for parking through the ParkZebra Site (“Buyers”) must present the Parkzebra parking electronic or paper pass in accordance with the instructions included with the booking to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Seller, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.
Buyers are responsible for ensuring they arrive at the correct time at their booked parking location. Parkzebra is not liable for road closures or changing traffic conditions.
The parking reserved is valid only for the times listed on the parking pass.
If a parking facility allows tailgating on its premises, it is the customer’s responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.).
Resale of Parkzebra parking passes is not permitted.
Parking reserved and paid for through Parkzebra is fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Parking customers can cancel their booking for any reason before this time. Cancellations must be submitted to the Parkzebra website, and are not accepted via phone or email. Parking booked via Parkzebra’s partner websites is not refundable for any reason.
Sellers will not be charged any fees for cancelled bookings.
After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.
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. Refunds may or may not be issued. It will be based on the circumstances.
All parking prices on Parkzebra are set directly by the parking owner, not Parkzebra.
Parking advertised on Parkzebra as “Lowest Price Guaranteed” is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as “Lowest Price Guaranteed” may differ from the drive-up rates, if available.
Part III: Additional Terms and Conditions Specific to Sellers
In the event that a Seller has entered into a separate written Seller Agreement with Parkzebra and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.
By listing parking for booking on Parkzebra, the Seller agrees to honor any parking sold. All information provided in the Parkzebra listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, Parkzebra will hold the Seller liable to reimburse the Buyer for their expense.
Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your Parkzebra account. Parkzebra maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.
Parkzebra guarantees payment to the Seller for all bookings fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller’s request, and will be processed in no more than 10 business days.
Seller assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by Parkzebra, and shall include any applicable taxes in the Base Price set by Seller in the Seller Console. Parkzebra shall have no obligation to collect or remit any tax amounts. Seller shall indemnify Parkzebra and hold Parkzebra harmless from and against all state and local taxes, except income/service taxes, imposed on Parkzebra that relate to transactions originated by Parkzebra.
The Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose. Sellers must submit a phone number for each parking location they list on Parkzebra. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller’s expense if this number is not answered during the parking reservation period.
Sellers authorize us to withhold payment or charge their credit card account any amount owed to Parkzebra if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Parkzebra Guarantee; (c) we reasonably believe that a Seller has committed fraud or other illegal act or omission during any buying or selling activity; (d) Seller provides incorrect or misrepresented parking and/or parking related services for any booking or portion thereof.
The Parkzebra Guarantee provides Buyers the protection and motivation to book their parking at Parkzebra. Thus, we require Parkzebra sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking as per the terms of the Parkzebra Guarantee. Sellers permit us to make a final decision, in our sole discretion, on any claim that a Buyer files with Parkzebra under the Parkzebra Guarantee. If we resolve a dispute in the Buyer’s favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any Parkzebra fees for the booking will be refunded to the Seller. A warning notice will also be sent to the Seller.
You grant Parkzebra a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to Parkzebra in connection with your use of Parkzebra and its Services. You agree that Parkzebra shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Parkzebra user) in connection with the content in conjunction with Parkzebra’s marketing, promotion and publicity efforts in any media known now or in the future.
You agree to indemnify and hold Parkzebra and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Parkzebra and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at firstname.lastname@example.org