Terms and Conditions

Reservation of Rights

The WePark name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of WePark, Inc. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any WePark or third party trademarks or logos without the prior written consent of WePark or the applicable trademark owner.

The service provided by WePark is limited to:(i) informing our customers of the locations and apparent availability of parking, and (ii) providing customers the ability to book parking. Despite the convience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of lot attendent or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.

For clarification, WePark does not:

  • Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting in our behalf;
  • Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customer;
  • Warrant that the Internet, our websites or any email from us is free of 'viruses' or other potentially harmful effects;
  • Endorse the use of cell-phones while driving;
  • Guarantee the availability of a specific parking spot in the location you selected;
  • Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.

This Site is intended for personal, noncommercial use (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Site, unless specifically permitted by WePark. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without WePark's prior written consent is prohibited.

Privacy Policy

WePark is committed to protecting and safeguarding Member's privacy. This Privacy Policy describes how WePark may use the personal information collected in the process of registration and with whom it may be shared. This Privacy Policy also describes the measures taken to protect the security of the information as well as how Members can access, modify or delete their personal information at any time. It also explains how Members can object to the processing of the personal information or to receiving communications about WePark products and Membership and also those from third parties. However, as no data transmission over the internet can be guaranteed to be completely secure, WePark cannot ensure or warrant the security of any information you transmit or receive through the website. These activities are conducted at Member's own risk.

What information is kept by WePark?

The information submitted by the subscriber during the registration process is entered into WePark's database. This information may be received through online registration or registration through Mobile Application. If the subscriber has agreed to be matched with potential carpool partners, he / she receives the subscriber's contact information online or through SMS or displayed on Mobile Application.

WePark therefore reserves the right to share Member's personal information with other subscribers to find potential carpool partners/Seeker(s). We also reserve the right to share participation reports and programme statistics with our subscribing entities, e.g. your employer, tertiary institution or the local or central government for statistical reasons.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to WePark in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of WePark, Inc. and may be used by WePark in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. WePark is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their web sites or any products or services offered on those web sites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. WePark does not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

It is agreed that anywhere if the Valet Service has been provided by the Parking Contractor it shall be charged extra and the same is accepted and agreed.

It is agreed that MParking can start charging a monthly subscription at any point of time to maintain the services provided by MParking to its Members.

Uptime

WePark makes no guarantees with respect to the availability or uptime of the WePark Site, the API, the WePark Content or the Database. WePark may conduct maintenance on any of the foregoing at any time with or without notice to you.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Disclaimer and Liability Limit

The Site, the Site Content, the API, the DataBase, and any other materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

WePark's liability to you or anyone else in any circumstance is limited to the lesser of (a) Rs. 5000 prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the extent permitted by law.

Copyright Complaints

If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the India, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction.

Modification

WePark, Inc. may at any time modify these Terms of Use and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Taxes

Seller assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by WePark, and shall include any applicable taxes in the Base Price set by Seller in the Seller Console. WePark shall have no obligation to collect or remit any tax amounts. Seller shall indemnify WePark and hold WePark harmless from and against all state and local taxes, except income taxes, imposed on WePark that relate to transactions originated by WePark.

Contact Information

The Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose.

Sellers must submit a phone number for each parking location they list on WePark. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller's expense if this number is not answered during the parking reservation period.

Dispute Resolution

Members hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions shall include, without limitation of the validity, interpretation, implementation, material breach or any alleged material breach of any term or condition of these Terms and Conditions, the Parties shall endeavour to settle such disputes amicably through discussion within a period of 30 days from the date of notice by either party of the dispute. Failure to which shall lead to Arbitration proceedings as specified under the law of arbitration applicable to India, i.e. the Arbitration and Conciliation Act, 1996 (as amended or substituted) from time to time. Notice for the Arbitration shall be served within 30 days of failure of parties to settle the dispute amicably through discussion. The dispute(s) shall be referred to the arbitration of a Sole Arbitrator to be appointed by the Director(s) of the WePark. The award passed by the Sole Arbitrator shall be final and binding on the Parties. The venue of Arbitration shall be New Delhi, India and the proceedings shall be conducted in English language. Further, the notice served on the email ID of the Member(s) shall be deemed to be considered as valid service of the notice.

Indemnity

Member's use of the Membership in entirely at his/her own risk. The WePark makes no representation or warranty about the accuracy or suitability of the Membership or about the information or links provided on the Site or on Mobile Application. WePark and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that the Members may suffer directly or indirectly.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the amount of the registration fee or such lesser amount as is possible under the law.

Members acknowledge that the WePark is not and cannot be responsible for the behavior of Members. In particular, you acknowledge that the WePark does not screen or monitor Members and has no way of ensuring that the information contributed by Members is accurate.

If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.

Exceptions

The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at [email protected]