Parket:

TERMS OF SERVICE(Version 1.0 | Date: 13-06-2019)

Contents
1. Definitions 1
2. Services 2
3. Scope and Limitations 2
4. Availability of Site, Application and Services 2
5. User Account 3
6. Listings 4
7. Bookings 4
8. Access to Parking Bays 5
9. Parking and Conduct Rules 5
10. Detention, immobilization, removal and removal of vehicles 6
11. Fees and Charges 7
12. Payment 7
13. License for Application 8
14. Use of the Application, Site, and Services 9
15. Intellectual Property 10
16. Disclaimers, Liability & Indemnity 11
17. Changes to these Terms of Service 12
18. Currency, Taxes, and Laws Applicable 12
19. General 12

Definitions
In these Terms of Service the following definitions apply:
“Application” means, collectively, any computer program or application for web, mobile, tablet and other smart or feature devices and application program interfaces through which Parket makes the Services available.
“Parking Owner” means a person who owns, or who has the legal right to rent, one or more parking bays which are made available for rent by Parket to Users in performance of the Services.
“Listing” means an entry in the Site or Application that provides content and information to Users about the Listing Information.
“Site” means Parket.co.za and any other websites through which Parket makes the Service available.
“Services” are those services as specified under Services in clause 2 below.
“Parket” means Parket (Pty) Ltd (registration number: 2019/299937/07), a private company duly incorporated and registered in accordance with the laws applicable in the Republic of South Africa, and the owner of the Site and Application and provider of the Services (hereinafter referred to as “Parket”, “we”, “us”, or “our”).
“User” means, collectively, any person who makes use of the Site, Application, or Service (referred to as “you”, “your”, and “you’re” throughout this agreement).
Unless otherwise specifically provided, further definitions set out within any clause in these Terms of Service apply throughout these Terms of Service, notwithstanding that those definitions were defined in that clause only.

 

Services

We provide a marketplace via the Site and Application through which we rent parking bays, as detailed in a Listing, to Users for a determined period of time.
We also facilitate and process payments between Users and the Parking Owners for the rental of parking bays.

Scope and Limitations

The provision and use of the Services is governed by these Terms of Service which constitute a binding legal agreement between Parket and the User. These Terms of Service apply to each visit or use of the Site, Application, and Services, including each use of a parking bay.
You declare that you have read these Terms of Service and agree to comply with them.
We do not own the parking bays detailed in a Listing and provide the Listing on behalf of the Parking Owner. We require the Parking Owner to have the legal right to rent the parking bay and to grant us the legal right to rent them, to provide us with the most accurate, up-to-date information, and to ensure that all parking bays detailed in the Listing meet our minimum requirements. However, because the information detailed in a Listing is provided to us by the Parking Owner, we do not guarantee the availability or accuracy of any Listing.
Notwithstanding any process undertaken to vet a Parking Owner and the parking bay (set out in 3.3 above), your use of a parking bay is at your own risk. We disclaim all liability arising from your use of any parking bay booked on our Site or Application to the maximum extent permitted in law, and you may not hold Parket, our directors, shareholders, employees, or agents liable for any damage, loss or injury, to any person or property that may occur in the Parking Bay or in a Parking Lot.

Availability of Site, Application and Services

Subject to your compliance with these Terms of Service, we facilitate the availability of the Site, Application and Services, and aim to ensure the Site and Application are accessible 24 hours a day, 7 days a week.
You agree that we cannot be held responsible for interruptions in the availability of the Site, Application, and Services that are not wilfully or intentionally caused by us.
We reserve the right to make any changes and improvements to the Site, Application, and Services that we deem necessary or useful for the proper functioning of the Site, Application and the Services.
We reserve the right, without notice or indemnity, to temporarily close the Site, Application, or access to one or more of the Services, to update, modify or change the operational methods, servers and the hours of accessibility, without this list being exhaustive.
We reserve the right, without notice or indemnity, to permanently close the Site, Application, or one or more Services, or to prevent access to the Site, Application, or to one or more Services to certain Users in application of the these Terms of Service.

User Account

“Personal Information” has the meaning ascribed to it our Privacy Policy and may include any information which may be required from time to time for us to provide the Services or as required for purposes of fulfilling any of the terms of these Terms of Service or for any purpose required by law.
To access certain features of the Site and Application and to use the Services, you must register and create a User Account.
By creating a User Account, you expressly declare that you have the power, authority, and capacity necessary for the conclusion and execution of the obligation incumbent on you for the use of the Site, Application and Services.
If you register a User Account for a company or other legal entity, you represent and warrant that you have sufficient authority to legally bind that entity and grant us all permissions and licenses required under these Terms of Service. As a company or other legal entity, you are subject to all of the terms of these Terms of Service as a User. For purposes of interpreting these Terms of Service, no distinction is drawn between a company, legal entity and a natural person.
You may not create a User Account for any person other than yourself, and/or a company or legal entity under which you are authorised to register a User Account and use our Services. You may not transfer your User Account or any Account which is under your control to any other person.
The Site, Application and Service are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Service by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Service you represent and warrant that you are 18 or older.
You agree that you will take sole responsibility for any activities or actions under your User Account, whether you have authorised such activities or actions or not.
You agree to provide accurate, current and complete information during the account registration process and to update such information to keep it accurate, current and complete. If any of your Personal Information changes, you are obliged to notify us of the changes for us to effect the changes on your User Account.
You are required to share certain Personal Information with us to enable us to provide the Services. By doing do, you agree that we may use, transfer, and store your Personal Information in accordance with the terms of our Privacy Policy.
Unless expressly required for the use of a specific feature on the Site or Application, you are not permitted to share your User Account with anyone or allow others to access or use your User Account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
You will immediately notify us if you have lost or forgotten your login details or password or if your suspect any unauthorised use of your User Account by sending an email to info@parket.co.za.
We reserve the right to suspend or terminate your User Account and your access to the Site, Application and Services if you create more than one account, or if any information provided by you proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
If we suspend or terminate your User Account for any reason whatsoever arising from our rights in these Terms of Service, you agree that you will not create a new account.

Listings

We detail parking bays which are available for rent and use in a Listing. A User may browse the Listings using the Site and Application and make a Booking based on the information provided in the Listing.
Each Listing consists information detailing:
the location of the parking bay;
the size of the parking bay;
the availability of the parking bay;
the price of the parking bay as set out under Fees and Charges below (under clause 11); and
any other information which we may require or publish from time to time
(“Listing Information”).
We may include additional content, information, and promotional material in a Listing to assist Users in their use of the Services, advertise the Services, or advertise third party goods and services. This may consist of, but will not be limited to, the inclusion of reviews, rankings, comments, discussions, opinions, cancellation history, highlights, icons, images and other Intellectual Property, account information, alternative Listings, endorsements, advertising, or similar information.
The content, information, and promotional material contained in a Listing may be provided by Users of the Service, us, or third parties. We are not liable for the truth, accuracy, or quality of the content, information, descriptions, and promotional material provided by any User of the Service or third party which may be contained in the Listing.
The placement and ranking of Listings in search results on the Site or Application may vary and depend on a variety of factors, such as User search parameters and preferences, location of parking bay contained in the Listing, price, dates and times of availability contained in the Listing, customer service and cancellation history, reviews and ratings, and/or ease of booking.

Bookings

“Available Parking Bay” means any parking bay which we have acquired the right to rent through the Services, which has not been rented to any other User, and which is available for use during a specified period of time.
“Booking” means an arrangement between a User and Parking Owner and/or Parket for the reservation of an Available Parking Bay, and for the use of that parking bay by the User during a specified period.
“Booked Parking Bay” means the parking bay in respect of which you have confirmed a Booking and which will be used by you during the period selected by you in the booking process.
Your ability to make a Booking may depend on the registration or a User Account and the permissions granted to you by us.
To make a Booking, you must select a period of time for your intended use of an Available Parking Bay from the available dates and times indicated in a Listing, using the Site or Application.
The Booking is confirmed after you use and Site or Application to reserve the parking bay you have selected from the Listing.
Each Booking gives rise to a new contract between us and you for the provision and rental of a Booked Parking Bay. In terms of that contract, which is subject to these Terms of Service, we agree to rent your selected parking bay to you for your selected period, and you agree to pay us the fees and charges applicable to your use of the parking pay.
If the User would like to cancel their bookings they must send us written notification to info@parket.co.za 24 hours before the start of the booking.

Access to Parking Bays

“Parking Lot” means any open space, building, garage, street, or part thereof, in which parking bays are made available by Parket for fulfilment of the Services.
Your access to a Booked Parking Bay is dependent on the facilities made available by us and/or the Parking Owner and the means of access which you have selected.
As a User, you may access the parking bay by one or more of the following means (depending on your selection and the facilities provided by the Parking Owner):
Using your email invoice as a receipt for display to security
Uploading your license plate to your profile will allow our license plate reader to read your license plate on entry and open the boom automatically for you on entry and exit. Limited parking lots only.
Using your designated QR code which acts as your personal ‘key’ where the Parket scanner is available; or
You may only access, park, and leave your car in the Parking Lot when that Parking Lot is open and during the period corresponding to your Booking. You may access the specific dates and times applicable to your Booking via your User Account on the Site or Application.
The opening and closing hours of a Parking Lot, if applicable, may be changed by us. In the event that the opening hours or closing hours change, we will notify you via the Site, Application or email. Parking Lot hours will be listed specific to each lot.
Your access to a parking space provided by us is subject to payment (in terms of clause 12) of all fees and charges applicable (in terms of clause 11).
You are required to follow the entry and exit procedures communicated by Parket, even if a barrier, such as a gate or boom, remains open or has otherwise been opened by you or any other person without the proper procedure being followed. Should you fail to follow the correct exit procedures, you will be charged for the continued use of parking irrespective of whether you made use of that parking.
Parket has the right to refuse access to a Parking Lot or parking bay if you fail to respect any part of these Terms of Service.

Parking and Conduct Rules

You may only park your vehicle in your Booked Parking Bay or, where a specific bay is not allocated to your Booking, in bays reserved for Parket Users. We will communicate the bays reserved for Parket Users when booking and/or by signage placed in the Parking Lot.
Parking bays, and their respective Parking Lots, are only accessible to passenger cars with a maximum length of 4.8m. The height of the vehicle may not exceed that as indicated at the entrance of the car park or dictated by the particular situation.
You may not enter a Parking Lot with a trailer of any kind whatsoever, including caravans.
You are responsible for ensuring that your car is locked, windows are rolled up, and your alarm or immobiliser system is properly activated. You are solely responsible for ensuring the safety and security of the contents of your vehicle, and we disclaim all liability for theft, injury, or loss to any object or person in your vehicle.
You are obliged to respect the peacefulness of the Parking Lot and the neighbourhood in which it is situated. Loud noises, music, or any other disturbances of the peace are prohibited.
You may not use a Booked Parking Bay for any purpose other than to park your vehicle.
You may not wash your car in the parking bay.
You may not use the parking bay to store any items or goods other than your vehicle.
As a User, you acknowledge and accept that you remain solely and directly responsible for the use of your Booked Parking Bay irrespective of whether you personally make use of the Booked Parking Bay or provide access to the bay to a third-party.
You may only provide access to a third party to use your Booked Parking Bay if that person is authorised to use your vehicle. You may not cede or assign your rights to use the parking bay to any third party, and you may not sub-let the parking bay under any circumstances.
Any third party who you have authorised to use your Booked Parking Bay, or who accompanies you or your authorised third-party in the Parking Lot, is required to comply with these Terms of Service and the Parking and Conduct Rules specified herein.
You are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any third parties who you permit to use the Booked Parking Bay or who accompany you in your or your authorised third-party, in the Parking Lot.
The right of admission into Parking Lot and parking bay is reserved by Parket and the Parking Owner. You agree to respect the terms, conditions, rules and restrictions imposed by us and the Parking Owner whether explicit or implied.
We and/or a Parking Owner may impose any reasonable terms, conditions, rules and restrictions for the use of any Parking Lot or parking bay, or which are necessary for the provision of the Booked Bay. We and/or the Parking Owner may limit the facilities, areas and amenities which you may access in the Parking Lot provided that we and the Parking Owner may not limit your access to a Booked Parking Bay, unless otherwise permitted in these Terms of Service.
Any additional terms, conditions, rules, and restrictions (as set out in sub-clause 9.14 above) which are not set out in these Terms of Service will be communicated to you during or at the end of the booking process (specified in clause 7 above). You agree that those additional terms, conditions, rules, and restrictions form an integral part of these Terms of Service and must be read as if specifically inserted herein.
Detention, immobilization, removal and removal of vehicles
You expressly authorise us, our employees, and our agents, to move your vehicle or have it moved, at your expense, if:-
it is not parked in an authorised or intended location;
it is left in the car park outside accessibility hours without the prior written consent of Parket;
it constitutes a danger to the persons and / or property of others.
it hinders normal traffic flow in the Parking Lot;
it hinders access to or from the Parking Lot;
it is parked illegally;
it poses a safety risk; or
our operational requirements require it.
In the event that your vehicle becomes intentionally or unintentionally immobilised or otherwise fails to start or operate properly while in the Parking Lot, you will immediately take all steps necessary to troubleshoot the vehicle and ensure the removal of the vehicle from the Parking Lot before the end of the period during which it is permitted to be parked. You are immediately required to contact Parket customer care to notify us of the incident and to take all necessary steps to ensure that your vehicle does not obstruct traffic flow.

Fees and Charges

Registration via the Site or Application with Parket is free. The price of renting each parking space is displayed on the Site or the Application (hereinafter the "price") in Rand and including VAT and varies according to the parking and the duration of parking.
The price charged depends on the duration of the period in which you have selected for your Booked Parking Bay and/or the total duration in which your vehicle is present in the Parking Lot.
Once the period of use has commenced, the entire sum payable for that Booking is due in full, irrespective of whether you use the parking for the entire duration of your Booking.
If you have made a Booking and exceed the duration of the reservation you vehicle is then considered illegally parked and may be clamped and you will be liable to a fine according to the Parking Lot rate.
We reserve the right to change our prices at any time. In the event that prices are changed, the new pricing will take effect as soon as your next invoice is issued. Changes to pricing are not retroactive.
You are solely responsible for mobile phone charges which will be billed by your mobile operator.

Payment

We directly and through the use of third-party agents and payment gateways, provide various facilities and methods of payment for the use of the Services through the Site, Application and Service. By making payment through the Site, Application, or Service you acknowledge and agree to the terms and conditions set out by us and our third-party agents and payment gateways.
For the purposes of this clause, the words “we”, “us”, and “our” refer to Parket and our agents and authorised third-parties.
You agree that we may deduct the amount payable by you for the Services from your nominated account using the payment facility which you select and the account, banking, or card information which you provide to us for the use of that facility.
We currently offer the following payment facilities:
Credit Card payment
SnapScan payment
EFT (Electronic funds transfer)
Instant EFT
The processing of payments are governed by the conditions and privacy policy of the payment system provider and by the issuer of the credit card, in addition to the Terms of Service and applicable legal provisions. You are required to agree to the conditions and privacy policies of the payment system providers and your credit card issuer in order to make use of our Services.
You are required to pay the full amount of an invoice no later than the due state stated thereon. You declare that you are aware that invoices are due and payable in full. No cancellation of these Terms of Services or any agreement or contract between you and us will absolve you of your liability to make payment of any invoice properly issued.
You must provide us with the details of a credit card or bank account which has sufficient funds, and which is valid for the payment of all sums of money due to us at any time. You authorise us to debit that credit card or bank account at any time to settle any outstanding balance which you may have with us.
If you fail to make payment on or before the due date, or if your bank or credit card provider refuses to authorise payment, we reserve the right to recover the full amount due by you by way of payment reminders, temporarily or permanently blocking your access to some or all of the Services, or legal process (whether by us or through a collections agency or attorney).
We guarantee secure online payments made on our Site and Application, provided you make use of an appropriate device or browser with the most updated security software, and we ensure compliance with SSL standards to protect your data effectively.
You are required to provide us with your Personal Information (including bank account information, bank card or credit card details) for us to process your payment. By submitting your Personal Information, bank account information, bank card or credit card details, you warrant that the information and details provided are correct and that you have sufficient funds available to complete the purchase. You agree that we may share your Personal Information (including bank account information, bank card or credit card details) with our authorised third-party agents for the purpose of facilitating the transaction. The manner in which we may use, store, and share your Personal Information is set out in our Privacy Policy.
You agree that we may charge interest on any overdue amounts in accordance with the Prescribed Rate of Interest Act (as amended).
You agree to pay a lump sum penalty fee of R400.00 for the recovery of any costs associated with recovering any overdue amount from you, irrespective of the value of the principal amount.
You agree to pay any costs of recovery on the attorney-client scale and consent to the jurisdiction of the Magistrates Court for the purposes of any action instituted against you.

License for Application

Subject to your compliance with these Terms of Service, we hereby grant you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device owned or controlled by you, and to use this copy of the Application for personal use only.
You may not:
grant any license or sublicence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or otherwise make available to any third party the Services or the Application;
modify the Services or Application or create derivatives;
create electronic links to the Services or place frames or mirrors of any application on any other server or device that is wireless or Internet-based;
reverse engineer or access the Application to
a. design or build a competing product or service;
b. design or construct a product using similar ideas, features, functions or images of the service or application; or
c. copy ideas, features, functions or images from the service or application;
Launch an automated program or script, including robots, crawlers, web robots, web browsers, web indexers, zombies, viruses or worms, or any program that can address multiple requests per second to a server or inadvertently complicating or hindering the operation and / or performance of the service or application.
Use of the Application, Site, and Services
You may only access the Services by means of access that we provide for this purpose.
In order to access the Services you are required to have, at your own expense, an internet access subscription and to ensure that your computer and device are adapted and compatible with the Services.
Should you access or intend to access the Services by using the Application or Site, you are required to ensure that you download the correct Application which is compatible with your device, and/or have a browser installed which is compatible with the Site.
We are not responsible for ensuring your access to the Site, Application or Services, and disclaim liability for all damage or loss of any nature that may arise, if you fail to ensure that you have an internet access subscription, a computer or device which are compatible with the Services, and/or a compatible and up-to-date version of the Application or browser installed.
You may only use the Site, Application or Services for personal use and you may not resell any them, or any element thereof, to a third party.
By using the Site, Application, or Services, you acknowledge and agree that you:
May not allow a third party to use your User Account;
May not assign or otherwise transfer your User Account to any other natural or legal person;
May not use the Site, Application, or Services for illegal or fraudulent purposes;
May not use the Site, Application, or Services to harm, embarrass, disturb, or violate the rights of others;
May not send or save unsolicited or repetitive messages in violation of applicable law;
May not send or save infringing, obscene, threatening, defamatory or otherwise unlawful or tortious content, including harmful content sent to children or violating the privacy rights of others;
May not send or save content containing viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs
May not compromise the proper functioning of the network, Site, Application, or Service;
May not attempt to fraudulently access the website, application or service or the systems or networks that support them;
May not disrupt the Service or Application in any way;
May not use the service or application with an incompatible or prohibited GSM;
Must send us proof of identity upon request;
Must use a network access point or data account only if authorised;
Must comply with all applicable laws and regulation of the country, state, and/or city in which you are located when using the Site, Application or Services.
We have the right to review your violations of any of the above terms, to the fullest extent permitted in law, and to take legal action against you. We may appeal to legal enforcement and cooperate with them to prosecute you.
You acknowledge that we are not obliged to control your access to the Site, Application, or Services, or the Intellectual Property, or the use made of it, or to check or edit the Intellectual Property. However, you further acknowledge that we have the right to control your access in the context of the operation of the Site, Application, and Services, to ensure compliance with these Terms of Service, or to comply with applicable legislation or an interdict or request from a court, administrative body or other official body.
We reserve the right to cancel or disable, at any time and without prior notice to you, your access to the Site, Application, Services, or any Intellectual Property if we believe that you have violated these Terms of Service, or may otherwise compromise the Site,
Application or Services.

Intellectual Property

“Intellectual Property” means all Intellectual Property rights relating to content, patents, trademarks, trade names, copyright (including rights in computer software, text, photographs, graphics, still and moving images, music, audio, video, information or other materials), design rights, trade or business names, domain names, know-how, database rights, and topography rights, whether registered or unregistered, and all rights or forms of protection of a similar nature in any territory in the world, relating to the Site, Application or Services.
“User Intellectual Property” means all Intellectual Property rights copyright relating to content, text, photographs, graphics, still and moving images, audio, video, information or other materials, or trademark, whether registered or unregistered, which a User of this Site may post, upload, publish, submit or transmit by their use of the Site, Application or Services.
You acknowledge and agree that the Intellectual Property is the exclusive property of Parket and its licensors. You will not remove, alter or obscure any copyright, trademark, or other Intellectual Property rights notices incorporated in or accompanying the Site, Application, or Service. All trademarks, logos, trade names, and any other devices of Parket used on or in connection with the Site, Application, or Service, are trademarks or registered trademarks of Parket in the Republic of South Africa and abroad. Trademarks, logos, trade names and any other devices of third parties used on or in connection with the Site, Application, or Service are used for identification purposes only and may be the Property of their respective owners.
Subject to your compliance with these Terms of Service, Parket grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Intellectual Property solely for your personal and non-commercial purposes and (ii) access and view any User Intellectual Property to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Intellectual Property or User Intellectual Property, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you tacitly or by implication under any Intellectual Property rights owned or controlled by Parket or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Intellectual Property. By making available any User Intellectual Property on or through the Site, Application, Service, or though promotional campaigns, you hereby grant to Parket a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Intellectual Property on, through, by means of or to promote or market the Site, Application and Service. Parket does not claim any ownership of User Intellectual Property and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Intellectual Property.
You acknowledge and agree that you are solely responsible for all User Intellectual Property that you make available through the Site, Application, Service or through promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Intellectual Property that you make available through the Site, Application, Service or through promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Parket the rights in such User Intellectual Property, as contemplated under these Terms of Service; and (ii) neither the User Intellectual Property nor your posting, uploading, publication, submission or transmittal of the User Intellectual Property or Parket’s use of the User Intellectual Property (or any portion thereof) on, through or by means of the Site, Application, the Service or promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

Disclaimers, Liability & Indemnity

You make use of the Application, Site, and Service, and including any goods and services requested through the use thereof, voluntarily and at your own risk. By choosing to make use of the Application, Site or Service, you warrant that you have had whatever opportunity you deem necessary to investigate the Site, Application, and Service and any risks, laws, rules, or regulations that may be applicable to your Booking and use of the Services.
You warrant that your use of the Site, Application or Service is not based on any statement of fact or law made by Parket.
The Application, Site, and Service are provided “as is”. Parket disclaims all representations and warranties, whether express of implied, which are not expressly set out in these Terms of Service. Parket does not warrant or guarantee, nor provide any representation, that the Site, Application or Service will be available, uninterrupted, error-free, reliable, suitable for use, of a particular quality, or fulfilled within a particular time, unless expressly provided for elsewhere in these Terms of Service.
Parket will not be liable to any User for losses, damages (including negligence), or otherwise, for any loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of goodwill, service interruption, or any indirect, consequential or special damages, costs or expenses arising out of (i) your use of the Application, Site or Service; (ii) your inability to make use of the Site, Application or Service (whether resulting from the conduct of Parket or not); (iii) any communication, interactions, or meetings with other Users, or other persons with whom you communicate, interact or meet as a result of your use of the Site, Application, or Service; (iv) from any information which is published by any User on the Site, Application, or Service; or (v) which may arise through a Booking or use of the Services.
You agree to indemnify and hold Parket and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal and accounting fees), arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms of Service; (iii) our use of your User Intellectual Property; (iv) your violation of the rights of any third party, including other Users; or (v) your breach of any laws or regulations imposed by a competent authority.
All disclaimers set out in these Terms of Service (whether included in this clause 13 or elsewhere) apply to the maximum extent permitted by law. This clause does not limit in any way our liability for any matter for which would be illegal for us to exclude, or attempt to exclude.

Changes to these Terms of Service

We reserve the right, at our sole discretion, to modify or terminate the Services or to vary these Terms of Service at any time and without prior notice to you.
If we vary these Terms of Service, we will post the variation on the Site or via the Application and/or provide with you notice of the variation by email. We will also update the “Last Updated” date at the top of these Terms of Service.
Changes to the Terms of Service will be effective at the time of posting. Your continued use of the Service will constitute acceptance of the revised Terms of Service.
If the varied Terms of Service contain material changes applicable to existing Users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect.
If the varied Terms of Service are not acceptable to you, your only recourse is to cease using the Service and terminate your User Account and cease using the Site, Application and Services. If you do not close your User Account you will be deemed to have accepted the changes.

Currency, Taxes, and Laws Applicable

All prices displayed on the Site or Application are in South African Rand and are inclusive of VAT and other taxes.
Any questions or legal proceedings arising out of these Terms of Service will be decided according to the laws of the Republic of South Africa.
Despite anything to the contrary in these Terms of Service, we have the right to do all things necessary or appropriate to comply with the provisions and requirements of any legislation or regulatory authorities.
General
You acknowledge and agree:-
That no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by any of the parties to these Terms of Service or on their behalf except as are recorded herein;
That no relaxation, extension of time, latitude or indulgence which Parket may show, grant or allow to another party shall in any way constitute a waiver of any of our rights in terms of these Terms of Service and we shall not thereby be prejudiced or estopped from exercising any of our rights against you which may have then already arisen or which may arise thereafter; and
To do all such things, take all such steps and to procure the doing of all such things and the taking of all such steps as may be necessary, incidental or conducive to the implementation of the provisions, terms, conditions and import of these Terms of Service.
You are not entitled to cede, assign or otherwise transfer any of your rights, interests or obligations under and in terms of these Terms of Service without the prior written consent of Parket.
Applicable law may require that some of the information or communications Parket sends to you should be in writing. When using the Service, you accept that communication with Parket will be mainly electronic. Parket will contact you by e-mail or provide you with information by posting notices on the Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Parket provides to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to Parket must be given to info@parket.co.za. Parket may give notice to you at either the in-app or in-site messaging function available in the Service, notices posted on the Service, or the e-mail or postal address you provide to Parket, or any other way Parket deems appropriate. Notice will be deemed received and properly served immediately when posted on the Service or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.


If you have any queries regarding these Terms of Service please contact us at info@parket.co.za.


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