15 March 2019
Please read these terms of service carefully. By clicking “accept button” in the App (as defined below) you agree to these terms of service (the “Terms”). If you do not agree with these Terms, click on the “reject button” in the App.
1.1 The Service (as defined below) is operated by Parkflow UK Limited, a company incorporated in accordance with the laws of England and Wales with company number 11561580 and having its registered office at 4 More London Riverside, London, United Kingdom, SE1 2AU. Any reference in these Terms to “we’, “us” or “our” is the reference to Parkflow UK Limited.
1.2 We license you to use:
as permitted in these Terms.
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.1 Our Service is an online platform through which registered users of the App (“Users”) may notify each other about the upcoming availability of parking spaces (designated for cars or other vehicles) within a specified location at a specified time. Where a User, having parked its vehicle at a street parking space within the relevant location, intends to vacate that parking space, it may notify other Users who are looking for street parking in that area that it is intending to vacate that space (or otherwise make it available) so that other Users may have the convenience of knowing when and where a street parking space will become available within that particular location.
3.2 Our service assists Users to advertise and/or locate street parking spaces which may become available, but:
(a) it does not provide the parking spaces themselves;
(b) it does not transfer, or offer to transfer, a parking space or the ticket or booking or other arrangement to pay for that space; and/or
(c) it does not guarantee that those spaces may be available at the specified time or that they may be used by the relevant User.
3.3 At the moment, we don’t collect payments for your parking time (meter), any parking permit(s) or traffic tickets. If required, you must pay for any of the above in the usual manner via any alternative service provider which you prefer.
3.4 In order to use our Services, you must download the App either at Apple Store or Google Play and register for and maintain an active User account (“Account”). You may not have more than one Account with us at any time. You must be at least 17 years of age and a GB resident to obtain an Account. Account registration is currently for free, however it requires you to submit to us certain personal information, such as:
3.5 You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services and/or our right to suspend or terminate our Service for you.
3.6 You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.7 We reserve the right (at our sole discretion) to refuse or delay opening or activating your Account and we shall have no liability to you in the event that this is the case.
4.1 A User whose vehicle is currently parked at a street parking space (an “Offeror”) may notify Users who are looking for a space in that area (an “Incoming User”) that it intends to vacate that space (or otherwise make it available) and shall specify the time period during which it is willing to await the arrival of the Incoming User (the “Arrival Period”) (an “Offer”). In offering a space in this way, the Offeror is agreeing to vacate the relevant space at the expiry of the Arrival Period. Once created, your Offer will be visible for other users in blue colour on the App’s interactive map and for you in orange colour so that you can distinguish it from others. We give no promise or guarantee that any User will accept your Offer and we shall have no liability to you in the event that this is the case.
4.2 In making an Offer, the Offeror must disclose details of any particular parking restrictions or requirements (e.g. pay & display parking, parking for holders of special parking permits, parking in a space designated for disabled persons, restrictions shown on local signage and/or road markings in and/or around the parking space etc.) which apply in respect of the relevant space. Unless the applicable parking restrictions are available for selecting in the “menu section” of the Offer, the Offeror shall specify them by taping text manually in the “comments section” to his Offer. Failure to disclose required details may result in the cancellation of the relevant Booking (as defined below).
4.3 Incoming Users may use the App to search for Offers within a specified distance / journey time of their current location (as calculated by the App, taking into account prevailing traffic conditions) (the “Route Time”) (a “Request”). Upon submitting a Request, the Incoming User will be notified of up to three Offers which are available with an Arrival Period which is within the Incoming User’s Route Time. The Incoming User shall then select which (if any) of these Offers it would like to accept. We give no promise or guarantee that any suitable Offers shall be available in response to any Request and we shall have no liability to you in the event that this is the case.
4.4 Where an Incoming User wishes to accept an Offer, it shall do so using the App. Upon acceptance of an Offer (a “Booking”) the Incoming User is entering into a legally binding contract with the Offeror and the Incoming User (now known as the “Booker”) and shall be deemed to have committed itself to arrive at the relevant parking space (the “Booked Space”) within the Arrival Period. We are not a party to the contract made between the Booker and the Offeror and we will have no rights or obligations arising out of it.
4.5 Incoming Users may also use the App to search for any Offers made in a specified location or for a specified time. All such Offers will appear on the App’s interactive map in blue colour. Before accepting an Offer, Incoming User may check any available information submitted with the Offer (such as location of a parking space, type of parking, time when the place will become available) by taping the Offer in the App. We give no promise or guarantee that any suitable Offers shall be available, and we shall have no liability to you in the event that this is the case.
4.6 Incoming Users may also use the App to submit Requests for any future periods (i.e. in advance of their arrival) by specifying the location of a parking place they need and the time from which such place is required (the Arrival Period). Once submitted to the App, all such Requests will be visible to other users on the App’s interactive map in green colour and in orange colour for the Incoming User who’ve created such Request. We give no promise or guarantee that any User will accept your Request and we shall have no liability to you in the event that this is the case.
4.7 Instead of creating an Offer in the manner descried in paragraphs 4.1-4.2, an Offeror may use the App to search for any available Requests and accept the one which meets the Offeror’s requirements. Upon acceptance of a Request (a Booking), the Offeror is entering into a legally binding contract with the relevant Incoming User (the Booker) and shall be deemed to have committed itself to vacate the relevant parking space (the Booked Space) within the Arrival Period proposed in the accepted Request. We are not a party to the contract made between the Offeror and the Booker and we will have no rights or obligations arising out of it.
4.8 Once a Booking has been made (either by accepting an Offer or Request), the Booker must proceed to the Booked Space within the Arrival Period. Once the Booker has arrived at the Booked Space, the Offeror will vacate the Booked Space and the Booker will occupy the Booked Space (“Exchange”).
4.9 In order to facilitate a successful Exchange, before expiry of the Arrival Period both the Offeror and the Booker:
(a) will be provided with details of the other User’s vehicle (colour, type, 3 last characters of vehicle registration number, vehicle model, if disclosed by the relevant User) which will be displayed in the App; and
(b) may make in-App voice calls to each other by pressing the “call button” in the App to assist each other with finding the Booked Space and/the Offeror’s or the Booker’s vehicle.
4.10 We do not record any User-to-User voice calls. While making and/or receiving calls to/from other Users through our App your mobile phone number will not be disclosed, or otherwise made available, by us to any other Users and the mobile phone numbers of the other Users will not be disclosed, or otherwise made available, by us to you. Please note however that all mobile calls charges, roaming charges, traffic charges or access charges incurred in connection with your voice calls to the other Users or the other Users’ calls to you are subject to your agreed terms with your mobile network provider and will not be reimbursed or otherwise covered by us or any of the other Users.
4.11 In choosing to use the App to make Offers, Requests and/or Bookings you acknowledge and agree that you are acting exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of Parkflow UK Limited and that you will not, in any circumstances, be deemed to be an employee, agent, or partner of Parkflow UK Limited. You acknowledge and agree that you have complete discretion whether to make or accept any Offers, Requests and/or Bookings.
4.12 Once a Booker has Booked a parking space that Booker shall be solely responsible for compliance with all of the terms and conditions or other requirements which are relevant to the use of that parking space, whether imposed by local authority, a private parking company or otherwise, including all liability for parking charges and associated penalties for failure to comply with any parking terms.
4.14 You acknowledge and agree that you will not be able to access and use certain (or all) functionalities of the App unless you have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider and will not be reimbursed or otherwise covered by us or any of the other Users.
5.1 Either the Offeror or the Booker to a Booking may cancel that Booking at any time prior to Exchange.
5.2 If the Booker does not arrive in the Booked Space within the Arrival Period (or otherwise refuses to occupy the Booked Space other than as a result of the circumstances referred to in paragraph 5.4 below), then the Offeror may inform the App that the Booker has not arrived (or refuses to occupy the Booked Space) and leave the Booked Space at the expiry of the Arrival Period. In these circumstances the Booker will be deemed as having cancelled the Booking.
5.3 If the Offeror leaves the space before the expiry of the Arrival Period (or otherwise refuses to vacate the Booked Space, including when the Booker has arrived to that space), then the Booker may inform the App that the Offeror has left (or refused to vacate the Booked Space) and may use the App to search for other Offers. In these circumstances the Offeror will be deemed as having cancelled the Booking.
5.4 If the Booker, having arrived at the Booked Space within the Arrival Period, is unable or is not allowed to park his vehicle at that Booked Space solely as a result of the Offeror failing to disclose (or disclosing inaccurate) details of any particular parking restrictions or requirements (e.g. permit parking only) which apply in respect of the Booked Space (as required by paragraph 4.2), then the Booker may inform the App of such circumstances and may use the App to search for other Offers. In these circumstances the Offeror will be deemed as having cancelled the Booking.
5.5 Either the Offeror or the Booker to a Booking may notify the other via the App of its late arrival. If you notify the other User via the App of your late arrival, such other User may (a) confirm your late arrival and therefore agree to wait until you arrive (b) reject your late arrival or (c) do nothing. If the other User rejects your late arrival or does nothing, you will be deemed as having cancelled the Booking.
5.6 If the other User confirms your late arrival and therefore agrees to wait until you arrive at the new specified time (the “New Arrival Time”), you shall be deemed to have committed yourself to vacate the Booked Space (if you are the Offeror) or arrive in the Booked Space (if you are the Booker) at the New Arrival Time. If you do not arrive (or vacate the Booked Space for the Booker) at or before the New Arrival Time, you must again go through the above procedure or cancel the Booking. We are not a party to any new agreement made between the Offeror and the Booker and we will have no rights or obligations arising out of it.
6.1 Our Service makes use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device.
6.2 If you use the Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services and to enable us to locate suitable Offers, verify (to the extent technically possible) whether a Booker has arrived at and/or vacated a Booked Space within the Arrival Period.
6.3 If a Booker does not arrive at and/or does not vacate, the Booked Space within the Arrival Period or any complaint is made by the Offeror in this regard, we will rely mainly on location data sent from both the Booker and the Offeror<’s devices to check which of the two Users was late.
6.4 If you stop us collecting the relevant data by turning off the location services settings for the Service on your device or otherwise, we may not be able to locate any suitable Offers for you or to confirm your arrival or departure from a Booked Space (and you may be deemed to have (in the case of the Booker) arrived at the Booked Space after expiry of the Arrival Period or (in the case of the Offeror) have left the Booked Spare prior to expiry of the Arrival Period).
6.5 You acknowledge and agree that using location services on your mobile device may be interrupted or otherwise affect by the quality and/or availability of the Internet traffic and/or the operating system of your mobile device and that we shall have no liability to your whatsoever if any of the above happens. We will use our reasonable endeavours to ensure that our Service makes use of location data sent from your device to the reasonable extent required for the operation of our Service and provide you and other Users with a good experience while interacting with our App.
7.1 Please note that it is illegal in your country to use hand-held mobile devices while driving or riding your vehicle, unless you have a hands-free access, which may include a voice command. Unless otherwise required by applicable law, you may use your hand-held mobile device in your vehicle if you are safely parked.
7.2 If the model and operating system of your mobile device so allows, you can activate our App and search for street parking while driving by voice command via Siri (for IOS mobile devices) or Google Assistant (for Android mobile devices). To use voice control, please make sure that “microphone” is turned on for our App in the settings of your mobile device.
7.3 Please note that certain models and/or operating systems of mobile devices do not support a voice command function. If your mobile device is one of those or if you decide to turn off our voice command function on your device, you must not use our App while driving or riding your vehicle.
7.4 We will not be liable to you for any loss, fine, penalty or any other consequences whatsoever arising in connection with your failure to comply with any applicable law or regulation relating to the use of mobile devices while driving or riding your vehicle.
8.1 From time to time and at our sole discretion, we may (but not obliged to) introduce payouts and/or appreciation awards to all or certain of our Users and/or in respect of Offers and/or Exchanges made in certain locations. The terms and conditions of our current payout scheme (also known as Payouts T&Cs) are available here.
9.1 The information available on the Service is based on the information we receive from other Users and third parties who may use crowd sourced information. We do not check or otherwise verify this information and therefore do not guarantee that all such information will be accurate, complete, correct and not misleading, nor do we assume any liability for any errors (including manifest or typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Service or otherwise), inaccurate, misleading or untrue information or non-delivery of any information.
9.2 Each User is and always remains responsible at all times for the accuracy, completeness and correctness of the information submitted to, and displayed on our Service. The Service does not constitute and shall not be construed as a recommendation or inducement to anyone to make or accept any Offer, Request or Booking available through it.
The ways in which you can use the Service may also be controlled by Apple App Store and Google Play rules and policies and those rules and policies will apply instead of these Terms where there are differences between the two.
11.1 If you want to learn more about the Services or have any problems using them, please take a look at our support resources at www.parklook.com or send us your questions or comments via the App (through “send feedback” option).
11.2 If you think the App or Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at email@example.com or submit your request via the App (through “send feedback” option).
11.3 If we have to contact you, we will do so by email, by SMS or through the App, using the contact details you have provided to us.
12.1 In return for your agreeing to comply with these Terms you may:
(a) download or stream a copy of the App onto Android (all mobile phones with Android OS beginning with 4.4 version) and iOS (iPhone X,iPhone 8 Plus,iPhone 8,iPhone 7 Plus,iPhone 7,iPhone 6s,iPhone 6s Plus,iPhone 6,iPhone 6 Plus,iPhone SE,iPhone 5s,iPhone 5c,iPhone 5 with iOS 11 and iOS 12) devices and view, use and display the App and the Services on such devices for your personal purposes only; and
(b) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
If you download the App or stream the Service onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
15.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
15.2 We will give you at least 1-day notice of any change by notifying you of a change when you next start the App and/or by posting the amended terms on our website and in the App.
15.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
16.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
16.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
18.1 Parklook name and logo are registered trademarks. All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold), on a non-exclusive, revocable basis, to you.
18.2 You have no intellectual property rights in, or to, the App or the Services other than the right to use it in accordance with these Terms.
18.3 Any content you upload to the App will be considered non-confidential (other than where the content is in relation to a support issue) and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Service and across different media.
19.1 You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; and
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
20.1 You must:
21.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
21.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
21.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
21.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
21.5 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.6 If our provision of the Services or support for the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
21.7 We will not be liable to you for any loss arising under these Terms out of or in connection with our compliance with any applicable laws or request of an authorised governmental authority.
21.8 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
22.1 We may end your rights to use the App and/or the Services at any time by contacting you if:
22.2 In addition, we may limit or temporarily or permanently suspend your use of or access to the App and/or the Services:
22.3 If we end your rights to use the Service:
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
The agreement between us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement between us.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing any of these Terms, we can still enforce then later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the agreement between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
28.1 These Terms are governed by English law and you can bring legal proceedings in respect of the App or the Services in the English courts.
28.2 If you live in Scotland, you can bring legal proceedings in respect of the App or the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the App or the Services in either the Northern Irish or the English courts.
© 2018-2019 Parkflow UK Limited