TERMS AND CONDITIONS

 

1.    Introduction

ValetEZ.com and ValetEZ Mobile App (together called the “Application”) are owned & operated by ValetEZ Services Private Limited, India (“Company”).

 

In these Terms & Conditions (“Conditions”), references to “you” and “your” is to you, the end user or visitor of the Application.

In these Terms & Conditions (“Conditions”), references to “us” and “our” is to the Company.

The Application is a web and mobile platform that enables a registered user(“Member”) of the Application to search, locate, find directions to and book vehicle parking (“Services”) in accordance with these Conditions and the Privacy Policy

In regards to the Service - booking of vehicle parking, the Company typically acts as an agent by connecting a Member to a third party service provider (the “Provider”).

 

The Conditions along with the Privacy Policy govern your use of the Application; by using the Application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not access, download and use any part of the Application.

 

We may change, update or otherwise amend these Conditions at the absolute discretion of the Company without notice. The revised Conditions will replace the existing Conditions as and when necessary.

 

You acknowledge & accept the Terms and Conditions, Privacy Policy and any other conditions of use of this Application

 

 

Acceptable Use

Your use and access to the Application is subject to the following terms:

The vehicle availing our services should not have been stolen from its lawful holder and the person driving the vehicle must either be the lawful owner of the vehicle or otherwise be lawfully entitled to drive it.

The vehicle must not be used for any illegal, unlawful, fraudulent or harmful activity while it is availing our services.

 

No warranties

This Application is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this Application or the information and materials provided on this Application.

 

Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:

 

 

User Generated content

In these terms and conditions, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to the Application, for whatever purpose. “Your User Content” means User Content submitted by you.

 

With respect to Your User Content:

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

You agree to indemnify us for any loss, damage or claim brought against us as a result of Your User Content on the Application

 

You warrant that Your User Content will not infringe any copyright, trademark or other intellectual property rights of any other entity and indemnify the Company for any loss, damage or claim resulting from such.

 

We reserve the right to edit or remove any material submitted to the Application, or stored on our servers, or hosted or published upon our Application.

 

Notwithstanding our rights under these terms and conditions in relation to User content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Application.

 

 

Intellectual Property

The copyright, patents, trade marks, registered designs and all intellectual property rights in the Application , including without limitation the copyright in the compilation of all User Content, shall vest in and remain with the Company.

 

The trademarks, logos and service marks ("Marks") displayed on the Application are the property of the Company or other third parties, and all rights to the Marks are expressly reserved by the Company or relevant third parties. You are not permitted to use any Marks without the prior written consent of the Company or such third party. The Company and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of the Company or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of the Company.

 

The domain name on which the Application is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the Application and material on the Application.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the Application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

 

  1. republish material from this Application (including republication on another Application);
  2. sell, rent or sub-license material from the Application;
  3. show any material from the Application in public;
  4. reproduce, duplicate, copy or otherwise exploit material on the Application for a commercial purpose;
  5. edit or otherwise modify any material on the Application; or
  6. redistribute material from this Application, except for content specifically and expressly made available for redistribution. Where the content is specifically made available for redistribution, it may only be redistributed within the scope of such a distribution as determined by the Company.

 

You agree to indemnify us for any loss or damage we suffer as a result of your breach of this warranty.

 

You agree and warrant that you will not solicit the Users and Members of the Application to join another competing Application or in anyway to stop using the Application in preference of using another Application offering comparable services.

 

Third Party Applications and Advertising

The Application may contain information & advertising from third-party businesses, people & Applications (“Third-Parties”). You consent to receiving this information as part of your use of the Application.

 

The Company is not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

 

Registration, Membership and Access

To use the Services of the Application you must register as a Member. To become a Member you must be:

 

  1. at least 18 years of age; and
  2. Capable of forming binding contracts.

 

You warrant that you are capable of fulfilling the obligations that you enter into with other Members and the Company.

 

You must provide accurate personal and contact information. You agree you will use the Application for personal purposes only and not for commercial or business use. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Application.

 

You are responsible for maintaining the username & password used to access the Application. It is your responsibility to keep your username & password secure and you shall indemnify the Company for any loss or damage suffered as a result of unauthorized access to your account. You are solely responsible for the use of your account, irrespective of who it using it, whether with or without your permission.

 

Access to certain areas of our Application is restricted. We reserve the right to restrict access to areas of our Application, or indeed our whole Application, at our discretion.

 

Limitations of liability and Indemnity

 

You agree that you use the Application at your own risk.

 

You understand and agree that the Company is not responsible for the conduct or activities of any internet user or Member and that the Company is not liable for such a conduct or activity under any circumstances.

 

To the extent that the Application and the information and services on the Application are provided free-of-charge, the Company will not be liable for any loss or damage of any nature.

To the extent that the Application and the information and services on the Application are provided for a charge, the Company will only be liable to maximum amount that is equal to the money charged by the Company for the service or information.

 

The Company will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, revenue, income, production, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Application or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.

 

To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

 

  1. the re-supply of services or payment of the cost of re-supply of services; or
  2. the replacement or repair of goods or payment of the cost of replacement or repair.

The vehicle must have a valid and effective insurance policy at the time of availing our services. The said insurance policy must also compulsorily include “own damage” of the vehicle arising from fire, explosion, self-ignition, lightning; burglary/housebreaking/ theft; riot and strike; earthquake;  flood, storm, cyclone, hurricane, tempest, inundation, hailstorm, frost; accidental external means; malicious act; terrorism acts; while in transit by rail/ road, inland waterways, lift, elevator or air; landslide/ rockslide. (or as may be amended by IRDAI from time to time.)

For any major accidents, the Company will only be liable to the extent of damages or compensation not already covered by the vehicle’s insurance policy.

The vehicle must not contain any flammable objects at the time of availing our services.

The Company will not be liable for any unpreventable or unpredictable event or acts of God causing loss or damage.

 

You agree that any taxation related to any transactions made via the Application between the Members and the Provider is the sole responsibility of the parties to that transaction and that the Company accepts no liability or responsibility for taxation matters in that regard.

 

You hereby undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Compliance to Privacy Policy

 

You acknowledge and accept the Application’s Privacy Policy

 

You agree that you will not do anything that shall compromise the Company’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Application is concerned.

 

We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Application you accept such changes.

 

Usage Termination and Cancellation

 

Your use of the Application may be cancelled at any time, for any reason, by the Company on a temporary or permanent basis by the Company giving you notice at your registered contact details. You must immediately cease using the Application should you receive a notice cancelling your license to use the Application.

 

User Complaints

Force Majeure

We shall not be liable for any failure to perform any obligations under these Conditions, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government

Breach of the Conditions

Without prejudice to the Company’s rights under these Conditions, if you breach these conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your IP address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.

 

Variation

The Company may revise these Conditions from time-to-time.  Revised terms and conditions will apply to the use of the Application from the date of the publication of the revised terms and conditions on the Application.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these conditions

 

Severability

If a provision of these Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Exclusion of third party rights

These conditions are for the benefit of you and the Company, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of the Company’s and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

 

Entire agreement

These conditions constitute the entire agreement between you and the Company in relation to your use of the Application, and supersede all previous agreements in respect of your use of the Application.

 

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Indian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of India.

Privacy Policy

Your privacy matters to ValetEZ Services Private Limited (the “Company”, “we”, “ValetEZ”, or “us”). This Privacy Policy explains how we collect, process, use, share and protect information about you. It also tells you how you can access and update your information and make certain choices about how your information is used.

 

The Privacy Policy covers both “online” (e.g. web and mobile services or Mobile Application, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company. Our “online” and “offline” activities, in relation to facilitation of parking and valet assistance services through our own staff or through third party valet drivers and through our own leased parking inventory or third party parking inventory providers, are collectively referenced as the “Services”.

BY ACCEPTING THE CUSTOMER TERMS AND CONDITIONS, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not accept the Customer Terms and Conditions or use our Services. This Privacy Policy is incorporated by reference into the Customer Terms and Conditions.

 

How do we collect and use information?

Member Account Information

If you are a Member, we collect certain information that can be used to identify you, such as your name, email address, phone number and credit card number (“Personal Information”). If you have created an Account using your login credentials from a third-party social networking service, we will be able to access and collect your name and email address and other Personal Information that your privacy settings on the social networking service account permits us to access. In such an instance, we may also collect your age, photograph and other information. We don’t receive or store passwords for any of your social networking service accounts.

Vehicle Information

We collect certain information about the vehicles for which our service users utilize the vehicle parking and related services offered by ValetEZ (collectively, the “Parking Services”). We collect each such vehicle’s license plate number and will combine such information with Personal Information we have about such service users.

Information collected by the Mobile Application

Our Services are primarily provided through the Mobile Application. We may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.

When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), in addition to the Device Information, including without limitation:

Information Collected Using Cookies and other Web Technologies

Like many website owners, we use automated data collection tools such as Cookies to collect certain information. We may use both session Cookies and persistent Cookies to identify that you have logged in to our services and to tell us how and when you interact with our services. We may also use Cookies to monitor aggregate usage and web traffic routing on our services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the platform and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

Information Third Parties Provide about You

We may, from time to time, supplement the information we collect about you through our website or Mobile Application or Services with outside records from third parties.

Location Information

We collect and store information about where you are located by accessing the GPS information available through your mobile device. Location information is collected as you navigate through our Services and during Parking Services, including, but not limited to geographic areas. We collect this information for various purposes—including to provide you with customer support, to send you promotions and offers, to enhance our Services and for our internal business purposes.

What Information Do We Share with Third Parties?

We will not share any Personal Information that we have collected from you except as described below:

Information Shared with Our Services Providers

We may engage third party service providers to work with us to administer and provide the Services, including, third-party payment processors. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf.

Information Shared with Third Parties

We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes. We may also share your Personal Information with third parties to deliver relevant advertising and promotional offers to you.

Information Disclosed in Connection with Business Transactions

Information that we collect from our Users, including Personal Information, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Information Disclosed for Administrative and Legal Reasons

We cooperate with Government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Protected Information, IP address, Device Information or geo-location data), to Government or law enforcement officials as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, Governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; and /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

Information We Disclose with Your Consent or at Your Request

We will share your Personal Information with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.

Email, Text and Voice Communications

We use email, text messages, and phone calls to improve your experience with ValetEZ. By becoming a Member, you have agreed to receive emails, text messages, and phone calls initiated from us or through us, which include, without limitation: message notification emails, emails or text messages informing you about your Parking Services and emails or text messages informing you of promotions we run and new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. ValetEZ reserves the right to cancel the notification service at any time. If you do not wish to receive any of our email communications or text messages, please do not use the Services.

The Security of Your Information

We take reasonable measures to protect the information that we collect from or about you (including your Personal Information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links to Other Sites

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Changes to the Privacy Policy

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.


Disclaimer Policy

The customer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.

The information contained in this Website / Application is for general information purposes only. The information is provided by ValetEZ and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of ValetEZ. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the Website / Application up and running smoothly. However, ValetEZ takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.

Cancellation Policy

In case of standard booking on the mobile application, you may cancel the booking up to five minutes prior to the service time indicated by you. In the event of a deduction of fare from the customers through a mobile wallet or other payment mechanism, the amount so deducted shall be refunded to the Customer within 72 hours.

ValetEZ may cancel the booking anytime prior to the payment of fare by the Customers either through cash or through a mobile wallet or through an alternate currency. In the event of a deduction of fare from the Customers mobile wallet or other alternate currency, post a valid cancellation by ValetEZ, the amount so deducted shall be refunded to the Customer within 72 hours. ValetEZ does not warrant that a re-allotment for the purposes of the Service under these T&Cs and a re-confirmation of booking shall be made once a cancellation has been effected by either Parties.