SAVE-A-SPACE END-USER TERMS AND CONDITIONS
Please read carefully before accepting these terms.
This agreement (Agreement) is a legal agreement between you (End-user or you) and Accelogress Limited of Surrey Technology Centre, 40 Occam Road, Surrey Research Park, Guildford, Surrey, GU2 7YG (Service Provider, us or we) for:
- SAVE-A-SPACE booking services provided by us to you which allow you, subject to availability and the terms of this Agreement, to pre-book a parking space (Parking Space) in certain designated urban areas across the United Kingdom (Services).
A list of available parking sites around the chosen destination is available in the app, after pressing the “FIND PARKING” button (Car Parks).
The Services may be accessed via the Save-a-Space mobile application software (App) via your smartphone or personal computer or other device (Device).
Save-a-Space is a platform for advertising parking spaces owned or operated by a third party (Owner). We have no responsibility for Parking Spaces other than providing the services set out in this agreement (including administering and confirming Parking Space bookings and collection payments on behalf of the Owner, as further set out in condition 2).
We provide the Services to you on the basis of this Agreement and subject to any rules or policies applied by the Owner. We provide a booking service but the contract for the access and use of the car parking facility and parking space is between you and the Owner. We provide no warranty or guarantee as to your selected Parking Space’s suitability for your requirements.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT PROVIDE THE SERVICE TO YOU AND YOU MUST STOP USING APP AND THE INCOPORATED BOOKING PROCESS.
You should print a copy of this Agreement for future reference.
- The terms of this Agreement apply to the Services, including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply.
- We may change these terms at any time by sending you an email or SMS with details of the change or notifying you of a change when you next use the Services. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
- By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these 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 and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on [LOCATION OF SETTINGS]. However, the functionality of the App may be affected if locations services are not enabled on your Device.
- The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Scope Of Services
- We will provide you with a booking service to allow you to reserve a car parking space at your selected Car Park.
- In order to make a booking, you are required to register and obtain an account (User Account) via the App (Registration and Booking Process).
- As part of the Registration and Booking process, you will be required to create a password (User Password). Your User Password must be kept confidential by you and not be disclosed to anyone else. We will not be liable or responsible for the any third party who has gained access to your User Password as a result of your acts, omissions or negligence.
- You may suspend or close your User Account by writing informing us in writing at the following email address email@example.com.
- If the email address provided for your User Account is not valid, we are not responsible for failed bookings or communications that do not reach you.
- We may suspend your User Account at any time and you will no longer be entitled to receive the Services if, in our reasonable opinion, you have breached this Agreement.
- If you do not use the Service or log in to your User Account for more than one hundred and eighty (180) days, we may in our sole discretion erase your User Account and terminate this Agreement.
- We may in our sole discretion elect not to create a User Account or provide the Service to you.
- You can book a Parking Space (subject to availability) via us as booking agent for the Owner. However, your contractual agreement for the use of the Parking Space is directly between you and the Owner. By downloading the App you accept the terms of the agreement between you and the parking space owner.
- When you log on to your User Account, you may select a chosen date, time, location and duration following which you will be able to see availability of Parking Spaces for booking.
- Upon selection and booking of a Parking Space, you will be required to make payment.
- Booking will be confirmed via email and in the app, once payment has been received and you will enter a binding agreement
- There is no warranty or guarantee that the Parking Space you have selected is suitable for your requirements. We will use reasonable efforts to verify the accuracy of the information provided about the Car Park by the Owner but we will not be responsible or liable should the Parking Space fail to meet your requirements or be unsuitable for whatever reason.
- only use the Car Parking space at the times specified in the booking confirmation, via email or in the App. This can include using a certain numbered bay or specific section of the Car Park, which will be explained in the App and booking confirmation and possibly marked with appropriate signage by the Owner. If the Parking Space is used earlier or at a later time you will be liable to the Owner and your vehicle may be towed or you may incur a penalty charge according to the Owner’s parking rules;
- use the vehicle details notified to us. If it is a different vehicle you may be unable to park. You may amend your booking to enter an alternative vehicle in the App, by pressing by pressing “Change Car” button that is available under “My bookings” in the booking details for the specific booking in the list;
- contact the Owner if you have any queries related to the Parking Space using the contact telephone number provided in the booking confirmation, or direct any service / app related queries to us by sending an email to firstname.lastname@example.org, in case of any immediate questions related to your booking you can use the “Contact Us” button in the app menu;
- on arrival inspect the Parking Space and ensure you are satisfied that it meets the description. If you are not satisfied, you must contact the Owner immediately;
- comply with all instructions, notices, policies and procedures made known to you by the Owner (including any notices displayed at the Car Park);
- park your vehicle responsibly within the allocated Parking Space;
- not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together Use Restrictions.
4. Your Obligations
- You agree, warrant and represent:
- not to use parking space in any way or deal with the Owner that could be harmful to the business and reputation of us and / or the Save-a-Space brand;
- not to attempt to contact the Owner directly until your booking is confirmed;
- to follow the booking procedure in order to book a Parking Space;
- to provide us with accurate information and keep your details updated and valid;
- that you have power and authority to enter into this agreement and any agreement with Owner for the use of a Cat Park space; that you hold a current driver licence, you have authority to drive the vehicle and you are appropriately insured to drive the vehicle;
- that you will not create a false User Account, or use your User Account for illegal purposes or fraudulent bookings;
- that you will:
- maintain the parking space in good order, and leave it in the same condition as it was found;
- notify us immediately if any damage occurs to the parking space;
- vacate the Parking Space on or before expiry of the time period for which you booked the Parking Space and return any permits, if required to do so, to the Owner.
- that you will not:
- use the Parking Space in any unauthorised manner;
- obstruct other parking spaces or property when using the Parking Space;
- not to conduct any commercial business or activity from the Parking Space.
5. Intellectual Property Rights
- You acknowledge that all intellectual property rights in the App and the Services anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, any related documents or the Services other than the right to use each of them in accordance with the terms of this Agreement.
- You acknowledge that you have no right to have access to the App or the Services in source-code form.
6. Limitation Of Liability And Indemnity
- You acknowledge that neither the App nor the Services have been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and the Services meet your requirements.
- We only supply the App and Services for domestic and private use. You agree not to use the App and Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You will indemnify us against costs, claims, damages or expenses incurred by us as a result of your breach of this Agreement and/or your agreement with the Owner.
- We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence up to the limit specified in condition 5.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Agreement.
- Our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to fees paid for booking the Parking Space. This does not apply to the types of loss set out in condition 7.5.
- Nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
7. Complaints And Disputes
- If you have a complaint or disputes about the Parking Space allocated to you, you must contact the Owner directly using the contact details provided in your booking confirmation.
- If the complaint or dispute is not addressed by the Owner, you may refer the matter to us. The Owner may also refer matters to us by sending us an email to email@example.com. We will seek to resolve the dispute to all party’s satisfaction.
- In addition to the process set out in conditions 7(a) and 7(b). you will be able to report a problem, such as an occupied parking space via the App, on your booking confirmation screen using the ‘Report a problem’ function. You must take an image of the parking space that clearly shows the characteristics of the parking space and the vehicle that parked in your spot or any other obstacle that prevents you from parking in the space assigned to you. You will be able to message us via the same screen. If there is any availability close to your allocated Parking Space, we may endeavour to assign you an alternative parking space in accordance with the Owner’s policies. Alternatively you can send us an email to firstname.lastname@example.org.
- We offer a money back guarantee in circumstances where the Parking Space is not available, the Parking Space is not suitable and a suitable alternative cannot be provided, or when you are dissatisfied with the service provided, a full refund of the fees paid will be made to the credit or debit which you used to pay for the booking. In such circumstances you must inform us within 48 hours of the time that you were allocated to use the Car Space and provide suitable evidence, such as an image of the Car Parking space not being available or fit for use following the process set out in condition 7(c) above.
8. Cancellation And Termination
- We may terminate this Agreement immediately by written notice to you:
- if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Use Restrictions or your obligations set out in condition 4; and
- [ANY OTHER].
- On termination for any reason:
- all rights granted to you under this Agreement shall cease;
- you must immediately cease all activities authorised by this Agreement, including your use of any Services;
- you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;and
- we may refuse to set up a new User Account for your use.
- You may cancel your Parking Space booking up to twelve (12) hours prior to the booking commencing and obtain full refund by following pressing the “Cancel Booking” button in your booking confirmation under the “My bookings” menu item. No refund will be provided if the booking is cancelled within twelve (12) hours before it is due to commence You may cancel your User Account with us at any time without any reason by sending a written notice of termination in accordance with condition 9 (a).
9. Communication Between Us
- If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Accelogress Limited at Surrey Technology Centre, 40 Occam Road, Surrey Research Park, Guildford, Surrey, GU2 7YG and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
10. Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
- our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
11. Other Important Terms
- We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
- You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This agreement has been entered into on the date you click ‘Accept’ on the App.
LICENCE TO USE PARKING SPACE
Please read carefully before accepting these terms.
This licence (Licence) is a legal agreement between you (End-user or you) and the Owner of the Parking Space that you have booked through the Save-a-Space booking application (App).
LICENCE TERMS AND CONDITIONS
The following definitions and rules of interpretation apply in this Licence.
- Definitions:Car: one motor vehicle which belongs to or is under the control of the End User.Car Park: the car park in which the Parking Space is located.Designated Hours: the hours that you have reserved at the Parking Space through the App.Licence Fee: the amount you have paid to book the Parking Space through the App.Permitted Use: the parking of the Car for private purposes.Parking Space: such parking space in the Car Park as the Owner may in its sole discretion from time to time allot to the End User.
2. LICENCE TO PARK
- Subject to clause 3 and clause 4, the Owner permits the End User to use the Parking Space for the Permitted Use during the Designated Hours in common with the Owner and all others authorised by the Owner (so far as is not inconsistent with the End User’s use of the Parking Space for the Permitted Use) together with access over the Accessways and Car Park to and from the Parking Space.
- The End User acknowledges that:
- the End User shall use the Parking Space as an End User and that no relationship of landlord and tenant is created between the Owner and the End User by this licence;
- the Owner retains control, possession and management of the Parking Space and the End User has no right to exclude the Owner from the Parking Space;
- this licence is personal to the End User and is not assignable and the rights given in clause 2.1 may only be exercised by the End User; and
- without prejudice to its rights under clause 4, the Owner shall be entitled at any time on giving not less than [AMOUNT] [hours’] notice to require the End User to transfer to an alternative space elsewhere within the Car Park and the End User shall comply with such requirement.
3. END USER’S OBLIGATIONS
The End User agrees and undertakes:
- To make the payments due for the booking of the Parking Space through the App which will be collected by the Owner’s appointed booking agent, Accelogress Limited (Service Provider), as further described in the End User Booking Agreement terms and conditions [INSERT LINK] that have been agreed and accepted by you.
- To keep the Parking Space clean, tidy and clear of rubbish and not to deposit rubbish in the Car Park other than in any designated rubbish disposal areas.
- Not to use the Parking Space other than for the Permitted Use.
- Not to allow any other person to use the Parking Space.
- Not to make any alteration or addition whatsoever to the Parking Space.
- Not to display any advertisement, signs or notices at the Parking Space.
- Not to do on or in the Parking Space anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Owner or to any other users of the Car Park or any owner or occupier of neighbouring property.
- Not to cause or permit to be caused any damage to the Car Park or any neighbouring property.
- Not to obstruct any of the entrances to or exits from the Car Park or any other parking spaces in the Car Park.
- Not to take into or keep on or in the Parking Space any motor fuel or lubricating oil except that inside the fuel tank and engine of the Car.
- Not to maintain, repair (except mechanical repair in cases of breakdown or other emergency) or clean the Car or refill the petrol tank of the Car on or in the Parking Space.
- Not to do anything that will or might vitiate in whole or in part any insurance effected by the Owner or any other person in respect of the Car Park or any other property from time to time or cause the premium to increase.
- To ensure that all security barriers or gates at the entrances to and exits from the Car Park are operated correctly and closed after use.
- To observe any rules and regulations which the Owner makes and notifies to the End User from time to time governing the End User’s use of the Car Park.
- To leave the Parking Space in a clean and tidy condition and to remove the Car and any other property from the Parking Space at the end of the Designated Hours. If the Car or any other property is not removed within twenty four (24) hours of the end of the Designated Hours, the Owner may dispose of it in any manner that it deems fit without incurring any liability whatsoever to the End User. If the End User wishes to extend the Designated Hours, you may do so by requesting an extension via the App and paying the additional fees required for such an extension, subject to confirmation by the Owner that the Parking Space is available for such extended period.
- To return to the Owner any keys or control cards to any security barriers or gates to the Car Park when this licence ends.
- To indemnify the Owner and keep the Owner indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
- this Licence;
- any breach of the End User’s undertakings contained in clause 3; and/or
- the exercise of any rights given in clause 2.
4. CANCELLATION AND TERMINATION
- This licence shall end on the earliest of:
- the Owner giving notice to the End User to terminate this licence with immediate effect if the End User breaches any of the obligations contained in clause 3; and
- expiry of not less than twenty four (24) hours’ notice to terminate given by either party to the other.
- Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
5. NO WARRANTIES FOR USE OR CONDITION
- The Owner gives no warranty that the Parking Space is physically fit for the purposes specified in clause 2.
- The End User acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Owner before the date of this licence as to any of the matters mentioned in clause 5.1.
- Nothing in this clause shall limit or exclude any liability for fraud.
6. LIMITATION OF OWNER’S LIABILITY
- Subject to clause 6.2, the Owner is not liable for:
- the death of, or injury to, the End User;
- any theft, damage, destruction or loss of the Car or its contents;
- any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the End User in the exercise or purported exercise of the rights granted by clause 2; or
- any loss or damage suffered by the End User as a result of any cause beyond the Owner’s control that prevents the Owner from using the Parking Space or any difficulty or interruption in obtaining access to the Parking Space by reason of temporary works of repair, maintenance or renewal of the Accessways and Car Park.
- Nothing in clause 8.1 shall limit or exclude the Owner’s liability for:
- death or personal injury or damage to property caused by negligence on the part of the Owner or its employees or agents; or
- any matter in respect of which it would be unlawful for the Owner to exclude or restrict liability.
7. THIRD PARTY RIGHTS
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.
8. GOVERNING LAW
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).
This agreement has been entered into on the date you click ‘Accept’ on the App.