Effective Date: March, 08 2019
Hence, We insist that You spend time reading these Terms of usage and let us know at firstname.lastname@example.org if You have any questions regarding the same. We will try our best to answer Your queries.
Since You downloaded Our App from AppStore, You will also be subject to AppStore Terms and Conditions. If there is any conflict between AppStore Terms and Conditions and this Agreement with respect to Your use of the App, then, this Agreement shall prevail.
- DEFINITIONS AND INTERPRETATION
- YOUR APPROVAL
- PROVISION OF THE APP
- YOUR AGREEMENT WITH WA Parking
- USING THE APP
- RESTRICTIONS ON YOUR USE
- INTELLECTUAL PROPERTY
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- NO WARRANTIES
- GOVERNING LAW AND DISPUTE RESOLUTION
1. DEFINITIONS AND INTERPRETATION
- Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
- “App” means the iOS mobile platform downloadable from AppStore and owned by WAPARKING, including any updates thereof.
- “AppStore” means the service provided by Apple Inc. and/or its affiliates, a third party, through which You may use in order to download the App.
- “AppStore Terms and Conditions” means terms and conditions that apply to the use of AppStore platform and is available at https://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html.
- Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
- Headings and captions are used for convenience only and not for interpretation of the Agreement.
- Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
2. OUR APPROVAL
- You approve of and accept this Agreement by:
- downloading and/or installing the App on Your device; or
- accessing or using the App or any of the content available within the App from any device.
- You can accept this Agreement only if:
- You are of the legal age, eligibility and mental capacity to form a binding contract with WA Parking pursuant to Your use of the App; and
- You are not legally barred from using the App.
3. PROVISION OF THE APP
- The App is designed to provide You an in-app browsing experience through an embedded browser. The App does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the applicable law, to do the same. You agree and acknowledge that the App does not report and/or broadcast any content on its own accord and WA Parking is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the App.
- In order to provide the App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
- The content displayed on the App is for Your non-commercial and personal use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App.
- We may stop the provision of the App (or any part of the App), permanently or temporarily, to You or to Users generally or may modify or change the nature of the App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
4. YOUR AGREEMENT WITH WAPARKING
- A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the App, and for any consequences thereof.
- If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
5. USING THE APP
- You will download and install the App from AppStore for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.
- While the App is available to You free of cost, We may amend these Terms and impose a cost on the App or services provided through the App, in future, by giving You a prior notice in this regard.
- You will use the App only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the App.
- For Your use of the App, WAPARKING grants You a limited, non-exclusive, non-transferable right to install and use the App on Your device. However, You shall not copy the App or any of its components, except for the purpose of making a single archival backup copy.
- WAPARKING also grants You a non-exclusive, non-transferable license to access such content on the App which is owned by WAPARKING. For using any content owned by a third party, You still require a license from such third party, We don’t license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
6. RESTRICTIONS ON YOUR USE
- You will not use the App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
- You will not access (or attempt to access) the content provided through the App by any means other than through the App, unless You have been specifically allowed to do so in a separate written agreement with WA Parking.
- You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
- You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
- You will not attempt to or engage in any activity that may:
- reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof unless it is expressly permitted by WAPARKING to You in writing or is required by the applicable law;
- use any robot, spider, retrieval application, or other devices to retrieve or index any portion of the App or content thereof;
- collect information about users of the App for any illegal or unlawful purpose;
- create any user accounts by automated means or under false or fraudulent pretenses for using the App;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
- use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party's use and enjoyment of the App;
- carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any user of the App;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App; or
- obtain any materials or information through any means not intentionally made available, in the opinion of WAPARKING, through the App.
- You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
- Your access to the App may be terminated if:
- You voluntarily uninstall the App from Your device;
- You do not pay the requisite fee, if any, should WAPARKING charge for use of the App.
- We may have to terminate Your access to the App if:
- We are required to do so by law (for example, where the access to and/or provision of the App to You becomes, unlawful);
- The third party, if any, with whom We offered the App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
- The provision of App to You, is no longer commercially viable or feasible for Us; or
- You are a repeat infringer of this Agreement.
- We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the App and/or barring You from any future use of the App.
- You may terminate this Agreement at any time by terminating Your access to the App. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
- When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and WAPARKING have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
8. INTELLECTUAL PROPERTY
- Your use of the App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
- WAPARKING owns and retains all the intellectual property rights to the content made available to You through the App by WAPARKING.
- All trademarks, brands and service marks of the App are the property of WAPARKING only. WA Parking owns all of the copyrights and database in relation to the App.
- WAPARKING respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
- You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your use of the App or any content available thereof is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the App.
- You may terminate Your access to the App if You are not satisfied with the App.
- You shall defend, indemnify and hold WAPARKING, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the App; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
- You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
11. NO WARRANTIES
- We shall make our best efforts to make the App available to You in the best possible manner. However, We disclaim all warranties in relation to the App, whether express or implied, including but not limited to:
- the App being constantly available or available at all;
- installation or un-installation choices in relation to the App being successfully executed in all cases;
- that App will always function without disruptions, delay or errors;
- Your personal ability to use the App;
- Your satisfaction with the use of the App;
- the accuracy of the data provided by the App;
- the security and privacy of Your data;
- that all bugs or errors in relation to the App will be corrected;
- that the App will be compatible with all devices and all networks;
- that the App is fit for a particular purpose or use; or
- that the App and the contents thereof are accessible in every location.
- WAPARKING, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in WA Parking’ offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with WA Parking, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with WA Parking.
12. GOVERNING LAW AND DISPUTE RESOLUTION
- The App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the App from any location, then, You are responsible for compliance with the local laws applicable to You.
- This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
- You and WAPARKING agree that any cause of action arising out of Your use of the App must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
- WAPARKING may post notices within the App or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
- The contents provided through the App may include technical inaccuracies or typographical errors. WAPARKING may make changes or improvements to the App at any time. The contents or any information available on the App is provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. WAPARKING does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. WAPARKING makes no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. WAPARKING shall not be liable for any misuse or data theft as a consequence of Your use of the App.
- YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.