PLEASE READ THE FOLLOWING TERMS & CONDITIONS WHICH RELATE TO AND GOVERN YOUR USE OF PLATFORM OR ANY COMPONENT THEREOF. BY ACCESSING, BROWSING, VIEWING, OR OTHERWISE USING EVALETZ WEB/MOBILE APP, YOU REPRESENT AND AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU FURTHER REPRESENT AND AFFIRM THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND YOURSELF OR THE BUSINESS ENTITY, IF ANY, FOR WHICH YOU SERVE IN THE CAPACITY OF AGENT, REPRESENTATIVE, INDEPENDENT CONTRACTOR, PARTNER, OWNER, MEMBER, MANAGER, DIRECTOR, SHAREHOLDER, OR EMPLOYEE TO THESE SAME TERMS OF USE, WITHOUT LIMITATION, RESTRICTION, OR QUALIFICATION. THESE TERMS OF USE SHALL TAKE EFFECT IMMEDIATELY UPON FIRST TO OCCUR OF OPENING AN ACCOUNT WITH US OR YOUR FIRST USE OF OUR APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT PROCEED ANY FURTHER TO USE OUR APP OR ADD NEW CAR WITH EVALETZ APP AND DO NOT USE OUR SERVICES.
1. DEFINITIONS
1.1 “Affiliates” mean any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise.
1.2 “Agreements” mean, collectively, these Terms, the Privacy Policy, and the Legal Terms.
1.3 “App” means our EValetz mobile/web application for adding, requesting, and completing Car Transactions, including but not limited to generating report, adding new drivers, supervisors, account admins, entering/processing parking fee, adding venue, customer type, monitor page, analysis etc., and other sub applications that we may develop.
1.4 “Claims” mean claims and rights based on any act, event or omission, and from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever.
1.5 “Client Account” refers to the account you register with us and activate for the purpose of using the EValetz web or mobile application or both.
1.6 “Account Admin” means a User who has been automatically enrolled when registering with us for a Company Account.
1.7 “Subscription Fees” are assessed and charged on a yearly basis based upon the number of vehicles processed using App
1.8 “Conduct Rules” mean those conduct rules set forth in Section 9.
1.9 “Electronic Submission” means the electronic delivery or submission of communications, agreements, documents, policies, notices, disclosures, etc. via Messaging, uploading, downloading, or posting such in or on the Platform and includes, without limitation, everything that we electronically provide you in connection with your use of the Platform, your Client Account, and your use of our Services whether via Messaging or other means.
1.10 “Intellectual Property” means, collectively, Marks, inventions, techniques, methods, works of authorship, know-how, publicity rights, trade secrets, proprietary rights, and all other intellectual property rights related thereto.
1.11 “Legal Notice.” our Legal Notice, which is posted on our Site, as updated, amended, or revised as provided therein.
1.12 “License Restrictions” mean those restrictions set forth in Section 4.3.
1.13 “Marks” mean, whether registered or unregistered, all patents, trademarks, trade names, servicemarks, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices; any pending applications for seeking registration or grant of rights; and any other intellectual property or proprietary notices.
1.14 “Materials” mean, collectively, all information, images, and content displayed, presented, or controlled, or otherwise included in or on the Platform, including but not limited to: Marks; images; photographs; text; software; pictures; graphics; video clips; audio clips; digital downloads; data; information, messages; any and all other information presented, displayed, or controlled by the Platform; other text, graphics, audio clips, video clips, digital downloads, photographs; data compilations together with the look and feel of the Platform and the user experience, including our color combinations; button shapes, sizes, icons, images, organization; and other graphical elements.
1.15 “Mobile Device” means any portable, wireless computing device with a wireless network interface using Wi-Fi or cellular service that is capable of mobile data communications and Internet access, and includes: smartphones; tablets; similar devices; and any built-in vehicle technology or technology added to, installed in, or incorporated in a vehicle that provides the foregoing capabilities, whether provided by the vehicle manufacturer, a contractor, or an OEM manufacturer.
1.16 “Parking Location” means the location where the Car is being parked.
1.17 “Driver” means the person who parks the Car.
1.18 “ISSPL” “us,”“we,” or “our” mean, collectively Infonion Software Solutions Private Limited owner of EValetz Application
1.19 “Profile” means access the Personal Information provided when you created an account in your EValetz App.
1.20 “Platform” means, collectively, our App, Services, Site, and System, together with any future updates, changes or additions thereto.
1.21 “Privacy Policy” means our Privacy Policy, which is posted on our Site at https://evaletz.com/privacy-policy, as updated, amended, or revised as provided therein.
1.22 “Services” mean, collectively, our backend technologies, functions, servers, databases and our other products, services, content, features, technologies, applications, and related websites or other applications.
1.23 “Site” means our website located at https://evaletz.com.
1.24 “Terms” mean these Terms of Use, as updated, revised, or amended from time to time.
1.25 “Transaction” means, collectively, starting, stopping, paying for, completing or making Parking Session transactions of all kinds, including, free parking, paid parking, hourly, daily or other long-term parking transactions, short term parking transactions, reservations, and completing any Use of Services.
1.26 “Transaction Charges” include all: parking fees; reservation fees; service charges; taxes; Transaction Entity fees; assessments or charges; Transaction Fees related to a Transaction; and all other costs, charges, and fees related to a Parking Session.
1.27 “Transaction Entities” mean, collectively, Parking Operators; valet service providers; sports teams; theaters; entertainment or festival venues; distributors of the Platform; Parking Operators; other entities with whom we have a co-branding relationship; companies or entities for whom we provide our software or Platform without out attribution (white labeled software or Platform); entities for whom we provide parking management services; governmental agencies; municipalities; vehicle manufacturers; OEM manufacturers; Event organizers and partners; education entities; and any other entities or companies for whom we provide our Platform as a contractor, service provider, parking management tool and the like.
1.28 “Use” means utilizing the Platform or its components in any manner, including, without limitation, opening a Client Account, viewing the Platform, completing a Transaction, installing the App, and the like.
1.29 “User Content” means contributions that you or others make to the App, which may include, among others, uploading your user profile, adding/editing car and generating report etc.
1.30 ” you” or ” your,” means the person accessing or using our Platform. If the person accessing or using our Platform, acts on behalf of, or for the purposes of another person, including a business or other organization, “you” or “your” also mean that other person, including a business organization.
2. SCOPE OF CONTRACT
2.1 The capitalized terms used in these Terms are defined in the final Section of these Terms.
2.2 You should read these Terms carefully before Using the Platform. By opening a Client Account with us, installing our App, or Using the Platform or any of its components, you accept that offer and a binding contract between you and ISSPL is created whereby you unequivocally agree to adhere to these Terms, without limitation, restriction, or qualification. You and ISSPL stipulate that sufficient consideration exists and has been received to create that contract, and that it is therefore binding upon each of you and ISSPL. By your Use of the Platform, you make the material representation, upon which you wish ISSPL to rely, that you will fully adhere to all of the terms, conditions, obligations, and restrictions set forth in these Terms in connection with your Use of the Platform.
2.3 You and ISSPL stipulate that the process of opening Client Account, installing the App, and/or Using the Platform for Transactions, requires electronic action to accept these Terms and conditions constitute execution of the Terms, acknowledgement of the applicability of the Privacy Policy and agreement signed by both parties. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SIGNATURE CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND THAT YOUR AGREEMENT AND INTENT TO BE BOUND APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO VIA THE PLATFORM, INCLUDING NOTICES OF ANY KIND. You shall also be subject to any applicable terms of use required by any third party.
2.4 If you do not agree to the Terms set forth herein or otherwise on the Platform, you must not Use it. We retain the right to change, modify, update, revise, and/or amend the content of the Platform and/or the terms and conditions set forth in these Terms at any time and, each time you Use the Platform you agree that the current version of these Terms is applicable to you and your Use of the Platform and constitutes the contract between you and ISSPL. Any changes made to these Terms shall be effective immediately upon posting on our Site/App. Your continued Use of the Platform constitutes acceptance of the then current version of these Terms. Each time you Use our Platform, adding a Car, complete a Transaction and/or you provide us with information or data via the Platform, you are accepting and agreeing to the then current version of these Terms, which supersedes and replaces all prior versions of these Terms. You are responsible for checking our Site for the current version of these Terms or reading the current version of these Terms in the Platform. You acknowledge and agree that there is adequate and sufficient consideration for any change, modification, update, revision, or amendment to these Terms and that you have received such consideration.
2.5 This is not an agreement between you and EValetz, but is an agreement between you and ISSPL, even if the Platform is accessed through a EValetz website or app.
2.6 We provide the Platform solely for your personal Use, except as otherwise expressly agreed to by us in writing, at our sole discretion.
2.7 By your Use of the Platform, you stipulate that a violation of any of the terms and conditions in these Terms may result in irreparable harm to ISSPL not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
2.8 By your Use of the Platform or any component thereof, you stipulate that the Materials are owned by ISSPL and are the Intellectual Property of ISSPL.
2.9 Your Use of the Platform or any component thereof is conditioned on your agreement to accept, abide by, and be governed by these Terms.
2.10 Your continued use of the Platform is subject to your agreement to these Terms, as amended from time to time. You agree to perform the obligations set forth in these Terms that are required to allow ISSPL to deliver the Platform to you.
2.11 You acknowledge and agree to the applicability of the Privacy Policy to your Use of the Platform and that the Privacy Policy governs all information collected by the Platform.
2.12 The Platform is intended for Use by users who are of the legal age to hold a driving license and enter into binding contracts. In any case, accounts of users under the age of 13 years will be cancelled and deleted by us, upon receiving notice.
3. FREE TRIAL
3.1 If The User requests for a free trial, App & EValetz Material will be provided to The User on a trial basis free of charge until the earlier of
(a) the end of the free trial period for which The User requested or
(b) the start date of any subscribed services ordered by The User.
3.2 Any data The User enters into the Platform, and any customizations made to the App by or for The User, during The User’s free trial will be permanently lost unless The User purchases a Subscription to the same Application as those covered by the trial, pay Subscription fees, or export such data, before the end of the trial period.
3.3 The User must return App & EValetz Material and any related materials to the ISSPL once the trial period is completed.
During the free trial the Platform provided “as-is”.
4. ACCESS TO PLATFORM/LIMITED LICENSE
4.1 The Platform, the Materials, and Intellectual Property may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ISSPL. Moreover, you agree not to delete (other than page caching) or modify any portion of the Platform without ISSPL’s prior written approval, except as is expressly provided herein. Notwithstanding the foregoing, ISSPL grants you a limited, non-transferable, nonexclusive, revocable license to access the Platform and make personal, non-commercial Use of the Platform in object code form only. You are also granted a limited license to use any Materials in addition to the Platform, but only for your personal, non-commercial use. Except as expressly provided herein, all Intellectual Property rights are reserved.
4.2 With respect the license to Use the Platform as described herein, you agree to these License Restrictions:
4.2.1 You shall not share with or assign, copy (except as expressly set forth herein), sublicense, transfer, lease, rent, sell, distribute, or otherwise provide to any third party (i) this license, (ii) the Platform; (iii) any Use of the Platform; or (iv) your rights under these Terms
4.2.2 Other than as expressly set forth in these Terms, you shall not (i) modify, adapt, translate, duplicate, disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the Platform or any component thereof for any purpose, or (ii) attempt to discover the underlying source code or algorithms of the Platform (unless enforcement of this restriction is prohibited by applicable law and then, only to the extent specifically permitted by applicable law, and then only upon providing us with reasonable advance written notice and opportunity to respond);
4.2.3 For the purpose of designing, modifying, or developing software or services similar in purpose, scope, or function to the Software, you shall not engage in competitive analysis, benchmarking, Use, evaluation or viewing of the Software or create any derivatives based upon the Software, whether for Customer’s internal use or for license or for resale; and
4.2.4 You shall not permit any party, whether acting directly or on behalf of you, to breach or violate any of these License Restrictions.
4.2.5 In connection with any violation or breach of this Section 4.3, we may terminate your access to the Platform and your Client Account without notice. Additionally, we have the right to commence legal action against you for damages and/or equitable relief in such instances.
5. YOUR USE OF THE PLATFORM
5.1 You are responsible for providing and agree to (i) provide ISSPL with complete, correct, and accurate information about you when you open your Client Account and (ii) promptly update that information promptly after it changes. The details of your EValetz Account can be updated within your Profile Page via the Site, the App, or by contacting us. You are responsible for keeping your password and login information for the Site secret so that only you can access your EValetz Account’s Profile Page on the Site
5.2 You are responsible for (i) correctly entering the relevant car details like ticket number, parking zone and licence plate number which is shared to all connecting devices and web (ii) requesting car using either ticket number or plate number (iii) accepting the request (iv) completing the transaction. Use of the Platform does not guarantee you a car is being parked automatically or assigned automatically to the desired Driver. To correctly utilize the Services when you have parked, you must input all necessary details required in the app.
5.3 You are responsible to (i) add drivers (ii) add venues (if approved by ISSPL) (iii) add customer type (iv) add supervisors (v) validators (vi) set parking fees (vii) generate manual reports (if required) and (viii) generate analysis data based on your requirements.
5.4 If you are dissatisfied with any of these Terms, or if the Platform is not as described, does not include expected functionality, fails to operate, fails to operate error free, is unavailable to complete Transactions, or does not otherwise meet your needs or expectations contact ISSPL immediately.
6. PAYMENT
6.1 The User must pay to ISSPL the non-refundable Subscription fees:
(a) for the first year, on or before the end of free trial; and
(b) for each subsequent year, at least 30 days prior to the start of the Agreement Year.
7. USER CONDUCT
7.1 By Using the Platform, you make the material representations upon which you wish EValetz to reasonably rely, that you will comply with the Conduct Rules set forth in this Section. In connection with any non-compliance with, violation of, or breach of this Conduct Rules by you, we will have no liability to and we may terminate your access to the Platform and your Client Account without notice. Additionally, we have the right to sue you for damages in such instances.
7.2 You will not Use the Platform in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating ISSPL’s Intellectual Property rights or the Intellectual Property rights of any third party;
7.3 You will not Use the Platform in a way that violates any rules or requirements set forth in these Terms, in any portion of the Platform;
7.4 You will not utilize the Platform in a manner that is harmful to ISSPL or any other person or entity;
7.5 You will not utilize any information that you gained as a result of using the Platform to illegally or improperly violate another person’s or entity’s privacy or personally identifiable information rights;
7.6 You will not Use any of ISSPL Marks as metatags on other websites or otherwise use ISSPL’s Marks for your own advertising or pecuniary gain, including without limitation utilization as Google AdWords;
7.7 You will not Use the Platform in regard to any commercial activities, advertising or sales without the prior written consent of ISSPL, which may be unreasonably withheld;
7.8 You will not upload any virus, malware, or other program or agent to damage the Platform in any way
7.9 You will not use any robot, spider or other intelligent agent software or device to access or monitor the Platform in any manner;
7.10 You will not Use the Platform, transmit to or through the Platform, or post User Content (i) for any unlawful purpose, or (ii)which consists of any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic, or otherwise objectionable information, images, or content;
7.11 You will not restrict any other user from properly using the Platform, including without limitation, by way of “computer hacking” or other attacks, or otherwise altering the software or functionality of the Platform and its underlying programs;
7.12 You will not imply that any of your public statements are endorsed by ISSPL, including those made in social media, or that you are otherwise associated with ISSPL in any manner;
7.13 You will not Use the Platform if you have been temporarily or indefinitely suspended from your Use of the Platform;
7.14 You will not transmit any material, nonpublic information about any person or entity without the proper authorization to do so;
7.15 You will not transmit any advertisements, solicitations or any unsolicited communication without ISSPL’s express permission to do so;
7.16 You will not cover or obscure any advertisements located within our Platform;
7.17 You will not revise, modify, reverse engineer or in any way alter any portion of the Platform or its contents or underlying technology;
7.18 You will not “frame” or “mirror” any part of the Platform;
7.19 You will not utilize any device to enable him to circumvent the structure of the Platform and/or spam or flood the Site;
7.20 You will not collect any information about visitors to the Platform without ISSPL’s express permission to do so;
7.21 You will not deliver to or through the Platform, or provide links to any postings outside the Platform without the prior written permission of ISSPL, including, without limitation, to any materials which are deemed, in ISSPL’s sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
7.22 You will not impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud ISSPL or any other party;
7.23 You will not create a database utilizing any information found within the Platform or the Materials;
7.24 You will always drive vigilantly, safely, and prudently according to road conditions and in accordance with all traffic laws while using the Platform. The following requirements are not the only rules or practices which pertain to vigilant, safe, and prudent driving and, our failure to include a rule or a practice is not to be taken as a consent or suggestion that the violation of such rule or a practice is acceptable:
7.25 While driving, it is forbidden for you to enter details or non-verbally interact with the Platform or use the Platform in a non-verbal manner for any purpose other than navigation to a parking venue (so long as such interaction does not distract your attention from the road or interfere with safe driving.
7.26 Using the Platform to conduct searches, car transactions, edits, or payments is only to be done after you have stopped your vehicle in a safe location and appropriate location as permitted by law.
7.27 You understand that, subject to applicable Indian penal code regulations to the contrary, ISSPL shall not be required to provide any refunds, credits, benefits, or other compensation for any discontinued component of the Platform or discontinuance of the Platform itself;
7.28 You agree not to reproduce, duplicate, copy, sell, resell, modify or exploit for any commercial purposes any portion of the Platform, including, without limitation, access to the Platform or any of the Materials, Marks or Intellectual Property; and
7.29 You acknowledge and agree that your representations hereunder shall survive termination of your Client Account, licenses hereunder, or Use of the Platform.
8. INTELLECTUAL PROPERTY
8.1 Our Intellectual Property is the sole property of ISSPL and its Affiliates or other representatives (as applicable) together with the goodwill associated therewith. Other than as expressly set forth herein, you are not authorized to use our Intellectual Property or any variations thereof. Other than as expressly set forth herein, ISSPL does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by ISSPL and its Affiliates. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.
8.2 We are the sole owner of any derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.
8.3 Portions of Platform may provide you with an opportunity to post and exchange information, ideas and opinions. Be advised that such postings do not reflect the views of ISSPL. In no event shall ISSPL assume or have any responsibility or liability for the postings or for any claims, damages or losses resulting from any other posting use and/or appearance on the Platform.
8.4 You hereby represent and warrant that you have all necessary rights in and to User Content you provide to or through the Platform and that neither your provision of User Content nor the User Content itself will infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
9. COPYRIGHTS AND MARKS; RESTRICTIONS ON USE
9.1 The Materials on the Site and in the Platform are copyrighted by ISSPL, its Affiliates, and its third party licensors, whether explicitly marked or not, under India and international copyright laws and are subject to other intellectual property and proprietary rights and laws. Such Material is protected under India and international copyright, trademark, unfair competition laws, and similar laws. Such Material may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of ISSPL, with the sole exception that you may print copies of the Materials for your own personal, non-commercial use.
9.2 The Marks may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of ISSPL, with the sole exception that you may print copies of the Marks for your personal, non-commercial use and provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Platform, including the Legal Notice.
10. INDEMNIFICATION
You agree to indemnify, hold harmless and defend ISSPL with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney’s fees and expenses of ISSPL selected attorneys, arising from any third-party claim against ISSPL relating to (i) your violation of law, ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of the Conduct Rules or License Restrictions; (iv) any User Content provided by you; (v) your improper or illegal Use of the Platform; (vi) any act or omission or willful misconduct of yours; (vii) any breach of any of your representations, warranties, or covenants made herein; and (viii) any failure by you to comply with these Terms.
11. ATTORNEYS’ FEES
If we undertake any action to enforce these Terms, we will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which we may be entitled. In such event, we shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorney’s fees and costs, involved directly or indirectly in our enforcement efforts, whether or not we do so through institution of formal legal proceedings.
12. PRIVACY
Please refer to the Privacy Policy for how we collect, use, and protect information and what information we collect. By Using the Platform, you consent to our collection and use of information as described in the Privacy Policy. Your continued Use of the Platform is your continuing consent to our collection and use of information and is governed by the terms of the Privacy Policy. Note that you may also be subject to the applicable privacy policies of any Linked Sites.
13. DISCLAIMERS
13.1 You explicitly agree that your Use of the Platform or the Materials is at your own and sole risk. You also understand and agree that any Materials or other data, content, or information processed or otherwise obtained through your Use of the Platform are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such process. You understand that ISSPL cannot and does not guarantee or warrant that files, including the Materials, available for processing from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. ISSPL makes no warranty regarding any use of confidential or private information that you may provide. ISSPL makes no commitment to update the information found on or in the Platform or Materials. No warranty and/or representation will extend to any third person.
13.2 EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THESE TERMS, THE PLATFORM AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND AND ISSPL DISCLAIMS THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR THAT WHICH IS CONTAINED IN THE MATERIALS WILL: MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS; BE RELIABLE, ACCURATE, SECURE, COMPLETE, OR WHOLE; OPERATE DEFECT OR ERROR FREE OR IN A TIMELY OR RELIABLE WAY. WE DO NOT WARRANT OR COVENANT THAT ANY DEFECTS OR ERRORS ASSOCIATED WITH THE PLATFORM WILL BE CORRECTED. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THESE TERMS, THERE ARE NO OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, OPERATION OF LAW, TRADE USAGE, COURSE OF PERFORMANCE OR DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, TITLE, ACCURACY, QUALITY OF INFORMATION, QUIET ENJOYMENT, OR COMPLETENESS; ALL SUCH WARRANTIES BEING SPECIFICALLY AND FULLY DISCLAIMED BY ISSPL. WE FURTHER DISCLAIM ANY LIABILITY TO YOU FOR ANY THIRD PARTY CHARGES, INCLUDING, BUT NOT LIMITED TO, DATA USAGE, OR TELECOM CHARGES FOR DEVICES USING THE PLATFORM. WE DO NOT WARRANT THAT PLATFORM WILL WORK ON YOUR MOBILE DEVICE, WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR MOBILE DEVICE. OTHER WRITTEN OR ORAL REPRESENTATIONS OR AFFIRMATIONS OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS FROM ISSPL OR ANY OTHER SOURCE REGARDING THE PERFORMANCE OR FEATURES OF THE PLATFORM OR SERVICES THAT ARE NOT CONTAINED IN THESE TERMS, SHALL NOT IN ANY WAY BE BINDING ON ISSPL, CREATE ANY OBLIGATION OR WARRANTY, AND ARE HEREBY EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE ELIMINATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13.3 We are not responsible for the conduct of other users, whether online or offline. Under no circumstances shall ISSPL be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the Use of the Platform by other users or the conduct of any other users or third parties, whether online or offline.
13.4 We have no control over any aspect of your valet parking services at any Location. You are responsible for determining your own safety and the safety of your driver and Materials. We are not responsible for damage to your vehicle, loss of your vehicle, or loss of articles left in vehicle or for any personal injury in any circumstances, including, without limitation: fire, weather, or other Act of God; theft or other criminal activity of any kind; mechanical defects; accidents; or your Use of the Platform, whether in-motion or at rest.
13.5 ISSPL is not responsible for any valet parking liabilities you incur or receive, even if the Platform was used in connection with a Car Transaction. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding valet parking liabilities. We do not enforce parking restrictions or assess valet parking liabilities and have no ability to control the actions of third parties who enforce parking restrictions or assess valet parking liabilities.
13.6 If you authorize ISSPL to contact the relevant authorities on your behalf regarding your valet parking liabilities, you acknowledge and agree that, in such cases, ISSPL may provide all or a portion of your personal details to the relevant authorities as such is needed to resolve your valet parking liabilities.
13.7 THE PERFORMANCE OF THE PLATFORM CAN VARY DUE TO SEVERAL FACTORS, INCLUDING WITHOUT LIMITATION: SPECIFIC MOBILE DEVICE LIMITATIONS AND CAPABILITIES; MOBILE DEVICE SERVICE PROVIDER, NETWORK LIMITATIONS, AND CAPABILITIES; MOBILE DEVICE MULTI-TASKING; MOBILE DEVICE MEMORY; GPS “LOCK” TIME, AVAILABILITY, AND ACCURACY; MOBILE DEVICE SETTINGS; INTERNET AVAILABILITY; MESSAGING OPT OUTS; AND PLATFORM AVAILABILITY, OPERABILITY, OR ERRORS. ISSPL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PERFORMANCE, OPERABILITY, OR AVAILABILITY PLATFORM.
13.8 Your sole and exclusive remedy for any breach by us of any term or condition set forth in these Terms is to cease to Use the Platform, un-install the App, and terminate your Client Account.
14. LIMITATION OF LIABILITY
14.1 WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, INSTALLING, USING, OR BROWSING IN THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS. WE ASSUME NO RESPONSIBILITY FOR AND ARE NOT LIABLE FOR: (A) DATA CHARGES IN CONNECTION WITH THE USE OF THE PLATFORM ON YOUR MOBILE DEVICE, (B) ANY FAILURE, DELAY OR INABILITY TO USE ANY COMPONENT OF THE PLATFORM, (C) ANY TRAFFIC VIOLATION OR CITATION OR PARKING PENALTY, (D) ANY DAMAGE TO YOUR VEHICLE WHILE PARKED, (E) ANY AUTOMOBILE OR OTHER MOTORIZED VEHICLE ACCIDENT.
14.2 EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, (A) IN NO EVENT SHALL ISSPL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR DATA USE OF ANY KIND AND (B) THE MAXIMUM AGGREGATE LIABILITY OF ISSPL SHALL BE LIMITED US INR 1.00 IN THE AGGREGATE, IN EITHER CASE WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND ARISING OUT OF OR RELATED TO THE AGREEMENTS OR THE USE OF THE PLATFORM AND MATERIALS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 IN OUR SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO ISSPL AND WITHOUT ANY LIABILITY WHATSOEVER, ISSPL AT ANY TIME AND WITHOUT NOTICE MAY SUSPEND, RESTRICT, OR TERMINATE YOUR ACCESS TO ANY COMPONENT OF THE PLATFORM.
15. RELEASE
BY USING THE PLATFORM AND/OR THE MATERIALS, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST ISSPL, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, AND MATERIALS. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE ISSPL POLICIES, PRACTICES, OR PROCEDURES; AND/OR (III) ANY INDIAN PENAL CODE REGULATIONS.
16. AUTHORIZED PERMISSION FOR USE
You shall be considered an entity if the individual accessing the Platform is doing so on behalf of an entity or is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity. If you are an entity, the person using the Platform on its behalf hereby makes the material representation upon which you wish ISSPL to rely that you are authorized to bind that entity to the Terms, as well as any other obligations imposed or undertaken through Use of the Platform.
17. ISSPL TERMINATION
17.1 By 3 Months’ Notice ISSPL may terminate the Agreement by giving 3 months’ notice in writing to the User.
17.2 By One Month’s Notice If The User breaches any term of the Agreement, ISSPL may give 1 month’s written notice to The User specifying the breach and any steps ISSPL requires The User to take to rectify the breach. The User must immediately take immediate steps to rectify the breach including taking any steps specified by ISSPL in its notice. If The User has not rectified the breach within the 1 month notice period or The User is unable or unwilling to take the steps which ISSPL considers necessary to rectify the breach, then ISSPL may terminate this Agreement immediately.
17.3 By Immediate Notice ISSPL may immediately terminate the Agreement by notice in writing to the User on the following grounds:-
17.3.1 Non-use: the User has not used the Application commercially for one full year; or
17.3.2 Insolvency: the User has become insolvent (in the sense that it cannot pay its debts as and when they fall due) or bankrupt or has been wound up under the laws of the country of its incorporation; or
17.3.3 Cessation of business: The User has stopped the services.
18. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
18.1 You agree that these Terms and the Agreements and all disputes arising thereunder, related hereto, or related to the Use of the Platform or Materials will be governed by and construed in accordance with the laws of the Indian Penal Code
18.2 Neither you nor we may institute a suit regarding any dispute, whether directly or indirectly related or collateral to these Terms or the Use of the Platform without first complying with this Section.
18.2.1 All claims or disputes between the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the Indian Arbitration Association whose rules and guidelines shall apply. The arbitration proceedings shall be in English. Without limitation, any dispute over the arbitrability of a matter shall be specifically reserved for the arbitrator to exclusively hear, and shall not be submitted to a court. The arbitrator shall have the authority to award any remedy or relief that a court of the State of Tamilnadu could order or grant.
18.2.2 Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (i) electronic mail to any of your current or future electronic mail addresses; (ii) ordinary mail or ordinary or two-day mail by a commercial carrier, in the event a regular mailing address has been provided by the party upon which service is being effected or is otherwise determined by the serving party; or (iii) otherwise in accordance with the laws and procedures of the State of Tamilnadu.
18.2.3 Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction.
18.2.4 Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration is final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.
18.3. However, notwithstanding the foregoing, either prior to, during or after the arbitration process, either party may institute a suit in equity for a temporary injunction (a) to preserve the status quo; (b) to enjoin a breach or threatened breach of this Release; (c) to obtain specific performance; (d) to compel the arbitration or further its purposes; (e) to enforce a settlement or award in such arbitration; and/or (f) for any other equitable relief.
18.4 You agree that and consent to the exclusive jurisdiction and the venue for any litigation will be in the Supreme Court of India.
18.5 YOU AND ISSPL (A) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND (B) EACH AGREE TO WAIVE TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.6 You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to Use of the Platform or these Terms, the Privacy Policy, or the Legal Terms. services related thereto must be filed within one year after such claim or cause of action arose or be forever barred and therefore the statute of limitations is specifically and expressly limited to one year.
19. FURTHER ASSURANCES
You covenant and agree to perform further all acts and execute all supplementary instruments or documents which may be requested by ISSPL to carry out the provisions and effectuate the intent of these Terms.
20. ASSIGNMENT
We may freely assign our rights in and to and obligations under these Terms. You acknowledge that you may not assign, transfer or sell its rights under these Terms without ISSPL’s express written consent, which may be withheld for any reason or no reason. Any purported assignment without ISSPL’S consent shall be deemed null and void.
21. SEVERABILITY
If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms as possible.
22. DOWNLOADING THE GUEST APP
When you download the App from: (i) iTunes for use on an iOS Mobile Device, you may be subject to licenses and/or terms of use established by Apple for your general use of iTunes and your general use of applications downloaded from iTunes; (ii) Google Play for use on an Android Mobile Device, you may be subject to licenses and/or terms of use established by Google for your general use of Google Play and your general use of applications downloaded from Google Play; and (vi) you may be subject to licenses and/or terms of use established by any other provider of a Mobile Device operating system or the PDA Device. These Terms do not and will not operate to modify the licenses and/or terms of use established by Apple, Google and PDA Device, as the case may be.
23. LINKED SITES
You acknowledge and agree that ISSPL has no responsibility for the accuracy or availability of information provided Linked Sites. Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with ISSPL of such sites or the content, products, advertising or other materials presented on such sites. ISSPL does not author, edit or monitor any Linked Sites. You acknowledge and agree that ISSPL is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on such Linked Sites. If you access a Linked Site, you do so at your own risk.
24. NO THIRD PARTY BENEFICIARIES
These Terms are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms or otherwise set forth in the Platform, except as may be specifically provided herein. These Terms shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of these Terms, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.
25. PROHIBITED BY LAW
In the event that any aspect of the Platform or these Terms is prohibited by law in your jurisdiction, you agree not to Use the Platform. It is solely your responsibility to determine whether it is allowed by law to participate in the Platform. Without limitation, you release ISSPL from all liability that could arise from your prohibited participation in the Platform or acceptance of these Terms. Moreover, and without limiting the indemnification otherwise provided herein, you shall indemnify, defend and hold ISSPL harmless for any and all damages relating to a violation of this Section 25.
26. INTERNATIONAL USE
In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, you acknowledge and agree that you shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside. Without limiting the foregoing, you are responsible for compliance with all import/export laws and regulations of India and any other country with jurisdiction.
27. MISCELLANEOUS
27.1 Nothing contained in or displayed on the Platform or contained in these Terms constitutes or is intended to constitute legal advice by us or any of our ISSPL or any of our officers, managers, employees, representatives, attorneys, or agents.
27.2 ISSPL’s failure to enforce any term, provision or condition of these Terms, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. To the extent that a provision of these Terms is deemed unenforceable, the balance of it shall remain in full force and effect.
27.3 We may amend, update, modify, replace, or revise these Terms, the Privacy Policy, Agreement and any other portion of the Platform referenced herein at any time by posting such on our Site. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our Site. All references in these Terms to the Privacy Policy, Agreement and any other Platform matters are references to the same as they are amended, updated, modified, replaced, or revised.
27.4 You may not change, modify, or amend this Agreement unless such change, modification or amendment is made in a writing executed by us.
27.5 You acknowledge that you have not accepted or agreed to these Terms in reliance on any representations or other promises of ISSPL which are not specifically and expressly included herein.
27.6 The headings in these Terms are for convenience and shall have no force and effect.
27.7 You acknowledge and agree that these Terms, the Privacy Policy, and the agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.
27.8 By your Use of the Platform, you represent that you have had the opportunity to review these Terms with counsel of your choosing. You further acknowledge that you have thoroughly read these Terms; understand that you are giving up certain legal rights that may otherwise exist and are taking on certain obligations and responsibilities; have asked any questions you desire to clarify the meaning these Terms; and believe it is in your interest to nevertheless proceed with opening a Client Account and installing and Using the Platform.
27.9 In the event that ISSPL or another party has provided you with a translation of these Terms from the English language to another language, you agree that such translation is provided for convenience only; that the Indian English language version of this Agreement governs the relationship between you and ISSPL; and, if there is any conflict between the Indian English language version of this Agreement and such translation, the Indian English language version shall take precedence. All disputes arising under this Agreement shall be resolved in the English language.
27.10 The provisions of these Terms that by their sense and context are intended to survive termination (whether by you cancelling or closing your Client Account, ceasing to Use the Platform, or uninstalling the App, or by termination by ISSPL) shall so survive termination.