Terms & conditions
Welcome to ParQueen!
These are the terms and conditions for:
· ParQueen mobile application (Available on Google Play and App Store).
By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the ParQueen mobile application and the ParQueen website together, "we", "us", "our", and "ParQueen", refers to ParQueen, and "you", and "user", refers to you, the ParQueen user.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of ParQueen accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.
1. ACCEPTANCE OF TERMS
By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use ParQueen after the posting of such modification; therefore, it is important that you review this agreement regularly.
By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NOTIFICATIONS
By providing your email address to ParQueen, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to ParQueen.
3. ACCOUNT
Users will be able to register and open an account on the platform. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ParQueen of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without ParQueen's prior authorization. ParQueen will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to ParQueen. ParQueen reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if ParQueen believes that you have violated any of the provisions contained in these terms and conditions.
4. FREE PARKING
By using the ParQueen platform, the user agrees to abide by the following terms and conditions in connection with the mutual assistance service to find free on-street parking. This service allows users to notify about the imminent availability of their parking and to search for available parking in their area or at a specific address.
When a user is about to leave a parking space on the street, they should use ParQueen's ping function to inform other users that their space will be available soon, specifying the exact time the parking space will be released. This information makes it easier for other users to plan and search for parking.
Users can use ParQueen's Search function to locate available parking spaces based on real-time information provided by other users. The information shared is expected to be accurate and truthful, and it is the responsibility of each user to ensure its accuracy.
The ParQueen service must be used in an ethical and responsible manner, respecting traffic regulations and local parking laws. Misuse of the application for fraudulent or deceptive purposes may result in suspension or termination of access to the service.
ParQueen is committed to protecting the privacy and personal data of its users, using location information only for the purposes of the service and in accordance with its privacy policy.
5. PARKING SPACES FOR RENT
Property owners can post their parking spaces on ParQueen, providing accurate and truthful details about location, size, availability and rental price. It is the owner's responsibility to keep this information up to date and to ensure its accuracy.
By posting a parking space, the property owner agrees that ParQueen acts as an intermediary between the property owner and users interested in renting a parking space. ParQueen is not responsible for transactions that take place outside of the platform or for agreements made directly between property owners and renters.
Property owner agrees to comply with all local laws and regulations applicable to the rental of parking spaces, including, but not limited to, permits, insurance and tax obligations. ParQueen is not responsible for property owner's failure to comply with these laws and regulations.
Using the property feature on ParQueen allows property owners to manage their parking spaces, including the ability to modify or delete their listing. Property owners are responsible for managing the reservations and availability of their spaces in an efficient and effective manner.
ParQueen does not guarantee a minimum number of rentals or revenue derived from the posting of the parking space on the platform. Rental success will depend on factors such as location, price and market demand.
In the event of disputes between property owners and renters, ParQueen may offer to mediate, but is under no legal obligation to become involved in such disputes. The resolution of such disputes must be between the parties involved.
ParQueen reserves the right to remove or modify parking space advertisements that do not comply with the platform's policies, contain false or misleading information, or otherwise violate the agreed terms and conditions.
Acceptance of this clause is a mandatory requirement for posting and managing parking spaces on ParQueen. Failure to comply with these terms may result in the removal of the advertisement and/or suspension or termination of access to the service by the property owner.
6. USER CONTENT
Property owners may provide and upload content and information through the platform when posting their parking spaces for rent. Property owners retain any copyrights or other rights they may have in the content and information they provide through the platform. ParQueen is not responsible for the accuracy, safety or legality of content posted on the platform by property owners. The property owner is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the property owner grants ParQueen the worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the content, for the sole purpose of using and displaying it within the platform and to the general public.
By providing and uploading content through the platform, you affirm, represent and warrant that:
a) You own the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize ParQueen to publish and display your content through the platform.
b) Your content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
c) Your content does not defame, libel, slander, libel or invade the right of privacy, publicity or other proprietary rights of any other person.
d) Your content may not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
e) Your content does not and will not contain content that incites hatred, threats of physical harm or harassment.
7. MONITORING OF CONTENT
ParQueen may, at any time and without prior notice, filter, remove, edit or block any property owner content that, in our sole judgment, violates these terms or is otherwise objectionable. If any user or third party notifies us that property owner content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the relevant property owner content, which we reserve the right to do at any time without notice. property owner acknowledges and agrees that ParQueen reserves the right to, and may from time to time, monitor all information transmitted or received through the platform for operational and other purposes.
8. LIIMITATION OF LIABILITY
ParQueen acts as an intermediary and facilitator to connect users seeking free parking based on information provided by other users, as well as property owners of parking spaces with users interested in renting such spaces. ParQueen is not responsible for the truthfulness, accuracy or legality of the information provided by users, nor for any interactions or transactions between users.
The platform does not guarantee the availability, quality, safety or legality of advertised free or rental parking spaces. ParQueen is not liable for any damages, losses, claims or expenses arising from the use of the platform, including, but not limited to, the choice of parking based on inaccurate or misleading information provided by other users.
ParQueen assumes no liability for any conflicts or disputes arising between users due to the use of the free parking search feature or the rental feature. Any settlement or transaction is made at the users' own risk. ParQueen may offer mediation as a courtesy, but has no legal obligation to intervene in such disputes.
The platform shall not be liable for interruptions, errors or malfunctions of the service, whether due to technical causes, maintenance, upgrades or factors beyond its control. ParQueen also does not warrant that the platform or its servers are free of harmful components.
Users shall indemnify and hold harmless ParQueen, its officers, employees, agents and successors from and against any and all claims, demands, losses, damages, rights and causes of action, including attorneys' fees, arising out of or relating to use of the platform.
This limitation of liability provision shall be effective even after termination or expiration of your use of ParQueen's services. Your acceptance of these terms and conditions is a prerequisite to your use of the ParQueen platform.
9. LICENSE TO USE THE PLATFORM
ParQueen grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the ParQueen platform and downloadable via Google Play and App Store free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the Platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.
The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of ParQueen or third parties.
ParQueen reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if ParQueen considers that the user has violated any of these terms.
10. COPYRIGHT
All material and content on the platform, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ParQueen or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on ParQueen are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ParQueen prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize ParQueen or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. COPYRIGHT INFRINGEMENT
ParQueen will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). ParQueen respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that ParQueen can find it on the platform.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
12. PROHIBITED ACTIVITIES
The following activities are prohibited:
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the platform for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorization.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ParQueen.
· Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
13. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, ParQueen provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse ParQueen for any loss or damage caused as a result.
ParQueen shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, ParQueen excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ParQueen and ParQueen shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from ParQueen.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
14. ELECTRONIC COMMUNICATIONS
ParQueen will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.
16. CHANGES
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.
17. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by ParQueen, shall constitute the entire agreement between you and ParQueen concerning and governs your use of the platform.
18. SEVERABILITY
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
19. FORCE MAJEURE
ParQueen shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
20. TERMINATION
Both the user and ParQueen acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, ParQueen reserves the right to unilaterally terminate the user's access to and use of the platform. ParQueen may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, ParQueen shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by ParQueen: If ParQueen fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify ParQueen in writing of the breach and allow a reasonable time for ParQueen to remedy the situation. If ParQueen does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
21. DISPUTES
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and ParQueen. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.
In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings.
22. JURY TRIAL AND SMALL CLAIMS COURT
In the event that any claim must be resolved in a court of law rather than through arbitration, both parties agree to waive the right to a jury trial. In addition, both you and ParQueen have the right to bring claims in a court of competent jurisdiction to prevent infringement or misuse of intellectual property rights, including seeking temporary injunctive relief.
23. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of New York. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of New York. This applies unless binding arbitration is agreed to in the applicable section.
24. FINAL PROVISIONS
Use of our platform is conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use the platform does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
25. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:
ParQueen.