TERMS OF SERVICE

* Please read the Terms of Service (“Terms”) carefully as they contain important information. By accessing or using the otopark platform, you agree to comply with and be bound by these terms.

* Please note: Clause 18 of these Terms contains an arbitration clause and class action waiver that applies to all the members of otopark.

* These Terms are to be read along with Privacy Policy, host agreement, payment policy, cancellation policy, overstay policy and other policies on the website.

* These Terms constitute a legally binding agreement between you, the potential users of this website or mobile application (“You”, “Your”, “User” or “Member”) and otopark Technological Services Private Limited (“otopark”, “We”, “Us” or “Our”). The site, application and otopark services are collectively referred to as the otopark platform.

Definitions

1.1. “We”, “Us”, “Our” shall mean the company (otopark Technological Services Pvt. Ltd.

1.2. “You”, “Your”, “Users”, “Members” refers to all the user of the site, any person who has registered a user profile on the Website or the application.

1.3. “Host” means one who has a parking space.

1.4. “Guest” means one who is seeking to book parking space.

1.5. “Parties” refers to otopark and its users

1.6. The “platform” shall mean the website and the application

1.7. “Terms”, “Terms and Conditions”, “Policy” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our website or application.

1.8. “Third-Party” refers to any person other than the “User”, “otopark” or the “Platform”

About otopark

2.1. otopark is a platform which connects otopark registered Host who has a parking space (“Host”) with those seeking to book such parking space (“Guest”) through its website or application (“Platform”). The Platform enables the Host to list services related to their parking space and to communicate and transact directly with the Guest.

2.2. As the provider of the otopark platform, otopark does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services (refer to Host agreement). The Host are solely responsible for their Listings and the Services they provide. When Host and Guest, make or accept a booking, they enter into a direct contract with each other.otopark is not and does not become a party to or other participants in any contractual relationship between the Host and Guest, nor otopark is a broker or insurer. otopark is not acting as an agent in any capacity for any Host or Guest, except as specified in the Payments Terms.

2.3. If you choose to use the otopark platform, your relationship with otopark is limited to being a platform provider, and not an employee, agent, joint venture or partner of otopark for any reason, you act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit, of otopark.

2.4. You agree and understand that if We disable access to Your account, You may be prevented from accessing Your account details, data or other content which is contained in Your account. We may disable or limit Your use of the platform if You hinder Our ability to carry on operations or if We believe that the content posted by You on the platform is in violation of this Agreement and is harmful or shall prejudice the use of the platform by other Users. You understand that We shall not be responsible for any loss caused by modification of features, limitation of use of the services or the discontinuation of service altogether.

Eligibility and access

3.1. In order to access and use the otopark platform or register an otopark account, You must be an individual of legal age, validly existing cooperative society or housing society or other legal entity, able to enter into legally binding contracts in good standing under Indian laws.

3.2. In order to avail the services offered by otopark, the User must register on the website/ application by providing certain information, which includes, but is not limited to,

(i) Name

(ii) Phone No.

(iii) Email

3.3. You must provide accurate, current and complete information during the registration process and keep your otopark account up to date at all times.

3.4. We may at any time ask for a government identification or other information to verify the identities or background of the Members for transparency and fraud prevention purposes.

3.5. At any time during Your use of the platform including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username, password and any activity under your registered account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reasons to believe You have done so, We hold the right to permanently suspend Your account.

3.6. In addition to this, you agree to comply with the following:

(i) You will not provide any false personal information

(ii) You will not create/register an account for anyone other than yourself without permission.

(iii) You will not create more than one registered account/user profile.

(iv) If your registered account is suspended/disabled by Us, You will not create another account/user profile without Our prior permission

Your Password and Account Security

4.1. You agree and understand that You are solely responsible for maintaining the confidentiality of passwords associated with any account You use to avail Our Services. We will not and cannot be held liable for any loss or damage arising from Your failure to comply with the conditions set out in this Agreement.

Content on the Website

5.1. The User is solely responsible for the integrity, authenticity, quality and genuineness of the information/ content provided/ written by the User on the website, otopark bears no liability whatsoever for any information on the platform by the User. Further otopark reserves its right to suspend the account of any User for an indefinite period, or to terminate the account of any User who is found to have created/ shared/ submitted/ published any information/ Content or part thereof that is found to be untrue inaccurate/ misleading.

Modification or Amendment of these Terms

6.1. otopark may modify or amend these Terms at any time. The modified/amended Terms will be posted on the platform. The amended Terms will take effect in 10 days following being posted. If You disagree with the revised Terms, You may terminate this Agreement with immediate effect and ask us to deactivate your account by emailing Us but if you continue to access or use the platform You will be deemed to have accepted the new Terms.

Payment

7.1. To process financial transactions We use Third Party payment gateway “CashFree” to handle the online financial transactions of otopark. We are not responsible for these Third Party services. Such services are dependent on the respective Third Party’s legal Terms. The billing details provided during payment should be up-to-date, such as the billing address and User’s name. Payment information on the website/application of Users using our services is stored in the database of the respective website as encrypted using encryption which can be decrypted to reveal the original information. This information is provided to Us by the Third Party payment gateway services We use to provide online payment functionality, and hence, may contain certain personal information.

7.2. We are not responsible for what information is sent to Us and stored as this is sent to Us by the Third Party and we cannot control the information sent. However, the storage of this information is necessary for legalities and auditing as well as for verification and more.

Third-party contents/Ads

8.1. Our platform will incorporate information and ads from Third Party websites/application including but not limited to various payment gateways, which will be incorporated on the platform from time to time. Our platform merely displays such information and is not responsible for the authenticity or content of such information from Third Party websites and applications.

8.2. otopark does not contact the User for marketing purposes or sell or rent or lease the User’s information to third parties. We may share User information such as contact information and other non-personally identifiable with trusted partners to help us perform and deliver the services of otopark. All such third parties are prohibited from using your personal information except to provide these services to otopark and they are required to maintain the confidentiality of your information.

8.3. We do not disclose or use any sensitive personal information, such as race, religion or political affiliations, without Your explicit consent.

User’s Obligation

9.1. The User undertakes to fulfil the following obligations and failure to satisfy any of these obligations gives Us the right to permanently suspend Your user profile and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on Us.

(i) You agree to comply with all local laws and regulations governing the use of the platform and its services, including, without limitation, any usage rules set forth in this Terms of Service.
(ii) You understand and agree that You will be liable for any damage or loss caused by Your actions on the platform and that such damage or loss will also be borne by You. otopark shall in no whatsoever be held responsible for any violations caused by You.

9.2. You undertake not to:

(i) Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the platform is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.

(ii) Access (or attempt to access) the platform and/or the contents or services offered by otopark by any means other than through the interface that is provided by the platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or content, or obtain or attempt to obtain any materials, documents or information, or content through any means not specifically made available through otopark is prohibited. You acknowledge and agree that by accessing or using the platform, you may be exposed to content from other Users or Third Parties Ads that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the platform. Further, You may report against such offensive contents to Us.

(iii) Use the platform in any manner that may impair, overburden, damage, disable or otherwise compromise (a) otopark’s services; (b) any other party’s use and enjoyment of otopark’s service; or (iii) the contents of any Third Party.

(iv) Use otopark’s services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.

(v) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.

(vi) Engage in any activity that interferes with or disrupts access to the platform or otopark’s services (or the servers and networks which are connected to the platform)

(vii) Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the platform.

(viii) Download any file or content posted on the platform that you know, or reasonably should know, cannot be legally distributed in such manner.

(ix) Probe, scan or test the vulnerability of the platform, or any network connected to the platform, nor breach the security or authentication measures on the platform, or any network connected to the platform. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the platform, or exploit the platform or information or contents made available or offered by or through the platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by otopark.

(x) Disrupt or interfere with the security of, or otherwise cause harm to, the platform, system resources, servers or networks connected to or accessible through the platform, or any affiliated or linked websites.

(xi) Use the platform, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service or to solicit the performance of any illegal activity or other activity which infringes Our rights, or the rights of other Third Parties.

(xii) Violate any applicable laws and regulations for the time being in force within or outside India.

(xiii) Violate any code of conduct or other guidelines, which may be applicable for or to any particulars Service provided by Us.

(xiv) Threaten the unity, integrity, defence, security, the sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(xv) Disseminate information through the Website that is false, inaccurate or misleading or violates any applicable laws or regulations for the time being in force in or outside India.

9.3. The User hereby expressly authorizes otopark to disclose any and all information relating to the User in the possession of otopark to law enforcement or other government officials, as otopark may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that involve personal injury and theft/infringement of intellectual property. The User further understands that otopark might be directed to disclose any information (including the identity of persons providing information or materials on the platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

Suspension of user/business user access and activity

10.1. Notwithstanding other legal remedies that may be available to it, otopark may in its sole discretion limit the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s association with otopark, and/or refuseusage of the platform to the User, without being required to provide the User with notice or cause:

(i) If the User is in breach of any of these Terms or the Policy;

(ii) If the User has provided wrong, inaccurate, incomplete or incorrect information;

(iii) If the User’s actions may cause any harm, damage or loss to the other Users or to otopark, at the sole discretion of otopark

(iv) otopark shall not encourage any union or any Third Party involvement in the services provided on the platform, and if it is seen that some Third Party is getting involved, otopark holds the right to cancel the particular company business plan or registered User’s funds.

Communication

11.1. By using the otopark platform, and providing his/her identity and contact information to otopark through platform, the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, emails, and SMSs from otopark and/or any of its affiliates or partners at any time, subject to the Privacy Policy. The User expressly agrees that notwithstanding anything contained hereinabove, he or she may be contacted by otopark on the platform or anything pursuant thereto. It is expressly agreed to by the User that any information shared by You with otopark shall be governed by the Privacy Policy.

Termination

12.1. otopark may at any time by giving you reasonable notice, terminate the Agreement with You, deny You access to the platform and/or suspend or delete Your User Profile and/or any content You have submitted on the platform. If you attempt to avoid this by creating or attempting to create a new account, we reserve the right to terminate this Agreement and any existing account You may have.

12.2. otopark may immediately terminate the Agreement with you, deny you access to the platform and delete your User Profile in the event that You have breached any of these Terms of Service.

12.3. You may also terminate this Agreement at any time, but if You terminate this Agreement You agree to honour any outstanding Bookings/Payments at the time of termination. The Agreement will continue in respect of those outstanding Bookings/Payments

Intellectual Property

13.1. otopark has patent and trademark rights. All Third Party information and trademark displayed on our platform is protected under the laws relating to intellectual property rights and is owned by the respective Third Party. Unless otherwise expressly mentioned, all other content on our platform shall be reserved and use of any such intellectual property without prior consent or permission from the respective owners will amount to infringement and will be subject to legal action by the owners of such intellectual property.

13.2. We are not liable for any reviews, comments and feedbacks made on third-party applications which are displayed on our platforms, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.

13.3. You may not use any of the intellectual property displayed on the platform in any manner that is likely to cause confusion among the existing or prospective user of the platform, or that in any manner disparages or discredits otopark, to be determined in the sole discretion of otopark.

13.4. You are aware all intellectual property, including but not limited, relating to said services resides with otopark, and that at no point does such intellectual property stand transferred to You.

13.5. You are further aware that any reproduction or infringement of the aforementioned intellectual property by You will result in legal action being initiated against You. It is agreed by You that the contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.

Confidential information

14.1. “Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any Third Party the User’s confidential information. For further information, refer to the Privacy Policy.

Disclaimer for warranty

15.1. You expressly understand and agree that, to the maximum extent permitted by applicable law, otopark, services and other material and contents provided on the otopark platform are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:

(i) Your requirements will be met or that the services provided will be uninterrupted, timely, secure or error-free;

(ii) Materials, information and contents obtained will be effective, accurate or reliable;

(iii) Any wrongdoing by the User including theft, sexual abuse shall not be our responsibility;

(iv) Any errors or defects in the platform, services or other content will be corrected to the maximum extent permitted by applicable law. We will have no liability related to Your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The User understands and agrees that any material, content or data downloaded or otherwise obtained through otopark platform is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. otopark accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

(v) In event of any issues with online transactions performed on the platform, we shall not take up any liability and any transaction related issues shall directly be dealt between the Users and the concerned payment gateways and/or the concerned Banks.

15.2. We shall not be liable for any third-party products or services. The advertisement available on email, or otopark platform with respect to the third-party website or the products and services are for information purposes only.

Limitation of liability

16.1. The services we provide are solely limited to the description provided in these Terms and the platform, We will not be liable for information and errors from Third Party websites and applications.
otopark is not responsible for any consequences arising out of the following events:

(i) If the platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

(ii) If the User has fed incorrect information or data or for any deletion of data.

(iii) If there is undue delay or inability to communicate.

(iv) If there is a failure in the functioning of any other service provided by the platform.

16.2. otopark accepts no liability for any errors or omissions, whether on behalf of itself or Third Party, or for any damage caused to the User, the User’s belongings, or any Third Party, resulting from the use or misuse of the platform or any service availed by the User through the platform.

16.3. Users may be held legally responsible for damages suffered by other Users, otopark or any Third Party as a result legally actionable or defamatory comments remarks or other information or content posted to the platform.

16.4. Users are to comply with all laws applicable to them or their activities, and with all Policies.

16.5. otopark expressly excludes any liability for any loss or damage that was not reasonably foreseeable by Us and which is incurred by You in connection with otopark, including loss of profits; and any loss or damage incurred by You as a result of Your breach of these terms.

16.6. To the fullest extent permitted by law, otopark shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that Your sole and exclusive remedy for any dispute with Us is to terminate Your use of the platform.

Indemnification

17.1. You agree to indemnify, defend and hold otopark harmless including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Service. Further, You agree to hold us harmless against any claims made by any Third Party due to, or arising out of, or in connection with, Your use of the platform, any claim that Your material/content caused damage to a Third Party, Your violation of the Terms of Service, or Your violation of any rights of another, including any intellectual property rights.

17.2. In no event shall otopark, its officers, directors, employees, partners or suppliers be liable to You or any Third Party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the platform, services, contents or materials.

Governing Laws

18.1. This Agreement shall be governed by Indian Laws. In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination it shall be first settled amicably by the parties.

18.2. In the event the parties are unable to resolve a dispute within a period of 30 days from the date of reference, the dispute shall be referred to and finally resolved by an arbitral tribunal. The arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended, the provisions of which are deemed to be incorporated by reference into this clause.

18.3. The language of the arbitration shall be English and the seat and venue of arbitration shall be in New Delhi, India.

18.4. The parties further agree that in the event that the process of the courts is required to be invoked for enforcement of this clause, including for seeking of any interim relief prior, during or after the invocation of this clause, the competent courts at New Delhi alone shall have exclusive jurisdiction and the parties submit to the same.

18.5. You wave your right to participate in a class action lawsuit.