JustPark Driver Agreement

  1. These Terms

    1. These terms and conditions apply to all services ("Services") provided or arranged by JustPark ("us", "we" or "JustPark") to or for you, the recipient of the Services ("Driver" or "you").
    2. These terms and conditions will apply at any time when you use this website ("Website") or our services including the parking and charging of vehicles and bicycles and the storing of goods ("Services") and by continuing to use the Website or the Services you accept these terms and conditions ("Terms") and they will apply to the agreement between you and us (the "Agreement").
    3. These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Website and the terms and conditions on the Website at the time you enter into a booking for a parking space or use any of other Services will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or Services you will be deemed to have accepted the new terms.
    4. Please note that these terms apply only to the provision of Services directly by us to you namely the service we offer allowing you to book parking spaces from our registered parking space owners ("Owners"). These terms do not apply to the use of any parking space ("Parking Space"). The granting of licenses to use Parking Spaces by Owners is dealt with under the terms of a Parking Space License Agreement with the Owner (please see paragraph 6).
    5. This Agreement is with you, the person using the Services and you will be responsible for ensuring that any person (an "Authorized Person") you allow to use a Parking Space in respect of which you have been granted a license complies with the terms of this Agreement and the Parking Space License Agreement. You agree that you are responsible for the conduct of any such Authorized Person.
    6. The Parking Space License Agreement and any additional restrictions included in an Owner's listing are a contract between you and the Owner. mWe are not a party to that agreement and we will not be liable to you, the Owner or any third party for any breach of the Parking Space License Agreement or otherwise in relation to the Parking Space. We are not a real estate broker, agent or insurer. We have no control over the conduct of Drivers or Parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.
  2. Registration

    1. Registration is not necessary to be able to access the Website but you will not be able to book a Parking Space through us if you have not registered and do not have an account with us ("Account").
    2. To register or make a booking we will require that you provide us with your name, address, date of birth, car registration number, car make, model and color and a valid email address. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to our data privacy obligations which are set out in our privacy policy ("Privacy Policy"). The Privacy Policy forms part of this Agreement.
    3. You will be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion.
    4. You must supply a valid email address when registering so that we can email booking confirmations and other information relating to your use of our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.
    5. We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space License Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Website.
  3. Enquiries, Bookings and Payment

    1. General
      1. If you wish to use a Parking Space advertised on the Website you will be able to do so through one of two methods: Instant Bookings and Booking by Agreement. The listing for a Parking Space will indicate which method is to be used in relation to that Parking Space.
      2. Please note that the agreement relating to the use of the Parking Space is between you and the Owner and will be governed by the Parking Space License Agreement, a copy of which is available here. You should read the Parking Space License Agreement carefully. We act as the Owner's agent for the purposes of forming binding agreements between you and the Owner but have no liability to you in relation to the Parking Space or the license other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of drivers or Parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.
    2. Instant Bookings
      1. If a Parking Space can be booked through Instant Bookings you will be able to see its availability against its listing. If the dates you require are available you may select the required dates and times. If you have not already registered with us, you will be asked to do so at this point.
      2. Once you have selected the required dates and times we will request payment from you. We will also ask you to confirm that you accept the terms of the Parking Space License Agreement.
      3. Once we have received payment and you have accepted the terms of the Parking Space License Agreement your booking will be confirmed and you will have entered a binding agreement with the Owner for the use of their Parking Space. We will send you a booking confirmation email ("Confirmation Email") which will include a contact telephone number for the Owner together with detailed instructions relating to the booking.
    3. Booking by agreement
      1. If the space is not booked through Instant Booking you may make an enquiry as to the Parking Space's availability ("Enquiry"). If you have not already registered with us, you will be asked to do so at the time you make your first enquiry.
      2. You may make an enquiry by selecting dates and entering an enquiry from the parking space listing page. By making an enquiry you are not making a booking and you are under no obligation to complete a booking for that Parking Space and neither we nor the Owner of the Parking Space are under any obligation to provide the Parking Space to you as a result of an Enquiry.
      3. We will pass your Enquiry on to the Owner of the Parking Space and will email you once the Owner has responded to confirm whether or not the Parking Space is available for the requested dates or period.
      4. If the Parking Space is available we will email confirmation of the details of your Enquiry, the dates or period of the booking ("License Period") along with the Parking Space License Agreement that will apply to your use of the Parking Space and you will be invited to log-in to the website to confirm your booking, make payment and accept the terms of the Parking Space License Agreement.
      5. Once we have received payment and you have accepted the terms of the Parking Space License Agreement your booking will be confirmed and you will have entered a binding agreement with the Owner for the use of their Parking Space. As with Instant Bookings, we will send you a booking confirmation email ("Confirmation Email") which will include a contact telephone number for the Owner together with detailed instructions relating to the booking.
    4. Payment in Full On Booking
      1. For short and medium-term use (any Parking Space license of 6 weeks or less) when we request payment from you we will generally request the full amount due in respect of your booking at the time of booking.
      2. For long-term use (any Parking Space license of more than 6 weeks) we will require that you pay the first month's license fee on booking and we will collect a further month's payment in advance each calendar month thereafter until termination of the license.
      3. We are authorized by the Owner to accept payment from you on the Owner's behalf.
  4. Parking Spaces

    1. You agree that the Website is a platform for advertising Parking Spaces owned by Owners and we have no responsibility for the Parking Space other than to provide the Services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Owner.
    2. Whilst we endeavor to ensure the Parking Spaces advertised on the Website are of a satisfactory quality we offer no warranty as to a Parking Space's suitability for your requirements. Similarly, we will have relied on the Owner for details about a Parking Space given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
  5. Owners Responsibility

    1. We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Owner during the License Period. We act as agent for the Owner and by making a Booking you are entering an agreement with the Owner under which the Owner is bound to provide you with the Parking Space, subject always to the Parking Space License Agreement.
    2. Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Parking Space, your License Period or your Booking and all responsibility lies with the Owner.
    3. We make great efforts to ensure that our Owners offer a good service and provide their Parking Space in accordance with your expectations but we accept no responsibility and will have no liability to you if the Parking Space or the services of the Owner generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances will be against the Owner but we may assist (at our discretion) in seeking to resolve a dispute between you and the Owner in accordance with clause 7.
  6. The License

    1. You must only use the Parking Space at the times specified in the booking confirmation. If you use the Parking Space at any earlier or later time you may be liable to the Owner under the Parking Space License Agreement and your vehicle may be towed. The Parking Space License Agreement contains fixed costs which are payable by you in the event of an overstay.
    2. You must use the vehicle the details of which have been notified to us. If you use a different vehicle you may be unable to park. If you wish to change the vehicle you are parking, you may amend your booking by logging in and selecting the 'Amend booking' button for that particular booking.
    3. During your License Period, if you have any concerns or queries about the Parking Space you must contact the Owner using the contact telephone number provided or our messaging system.
    4. Upon arrival at the Parking Space at the start of your License Period, you should inspect the Parking Space and ensure you are satisfied that it meets the description on the Website. If you are not so satisfied you must contact the Owner immediately. Where possible, any dispute between you and the Owner relating to the Parking Space should be dealt with at the start of the License Period and without our involvement so that you may still fulfill your Booking. Where this does not prove possible, you agree that JustPark may mediate (at its discretion) and in such circumstances clause 7 will apply.
  7. Complaints and Disputes

    1. You agree that if you have any dispute with an Owner concerning them or their Parking Space during the License Period you will attempt to resolve it in the first instance by directly communicating with the Owner.
    2. In the event that a dispute cannot be resolved with the Owner directly, you may refer the dispute to us or make a complaint. Similarly, an Owner may refer a dispute to us. We will seek to resolve the dispute and we may require that you make a further payment to the Owner or we may require that the Owner refund payments it has received in relation to the relevant booking to you.
    3. In the event that we determine that an Owner should make a refund or other payment to you and if we are holding funds on behalf of the Owner we may make the refund on the Owner's behalf (but we are not under an obligation to do so). You must raise any dispute with us as soon as possible. If the Owner has collected payment directly or if we have passed on your payment to an Owner then you are responsible for recovery from the Owner.
    4. In the event that we determine that you should pay an additional amount to an Owner (eg=. if there is an overstay) then you authorize us to deduct payment from the debit or credit card details you have supplied (up to a maximum of £250 (GBP) per claim or dispute if you are domiciled in the UK or $325 (USD) per claim or dispute if you are domiciled outside the UK).
  8. Cancellation and Termination

    1. You agree to abide by the cancellation policy included in the Parking Space License Agreement ("Cancellation Policy").
    2. Furthermore, you agree that if an Owner wishes to cancel a Booking they may do so through us and our Website. If we are required to process a cancellation, we will do in accordance with the Cancellation Policy.
    3. If you have paid a booking deposit and are required to make further payments to an Owner under the Cancellation Policy you authorize us to collect payment on behalf of the Owner using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.
    4. For the avoidance of doubt, it is the Owner's responsibility to make any refund you are entitled to under the Cancellation Policy. However, if we are holding funds on behalf of the Owner we may (at our sole discretion) refund sums to you.
    5. For long term bookings you agree to abide by the termination policy included in the Parking Space License Agreement.
  9. Your obligations

    1. You must:
      1. agree to observe and act in accordance with each Parking Space License Agreement;
      2. not use the Parking Space or deal with the Owner in any way which could be deemed to be harmful to the business or reputation of JustPark or do anything which might adversely affect our relationship with a Owner;
      3. not attempt to contact a Owner directly until a Booking has been confirmed;
      4. not attempt to book any Parking Space advertised on our Website other than through the booking procedure described in clause 3;
      5. provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
      6. not use the Website in any way which may detrimentally affect the reputation of JustPark or the use and enjoyment of the Website or our Services by any other users or third parties;
      7. maintain insurance on the vehicle as required by applicable law; and
      8. where applicable, only provide us with credit or debit card details for which you are the sole account holder.
    2. You agree that you will not create any false account with JustPark or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
    3. You warrant that:
      1. you have the power and authority to enter into this Agreement and any agreement with an Owner for the use of a Parking Space; and
      2. you have a valid driving license, vehicle registration and insurance; and
      3. if domiciled in the UK any road tax (or Statutory Off Road Notification) is fully paid or if domiciled outside the UK any state or federal fees, taxes or charges applicable to the vehicle are paid up
  10. Termination and suspension

    1. We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us we may suspend your access to the Website or the Services if we believe you to be in breach of this Agreement.
    2. If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
    3. We may terminate this Agreement and your Account at any time if:
      1. you are in breach of any term of this Agreement;
      2. we suspect that you are about to commit a breach of this Agreement;
      3. you become or we suspect that you are about to become insolvent.
    4. Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.
    5. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).
  11. Insurance

    1. We may in the future provide or arrange to provide insurance in respect of your use of a Parking Space. Other than any such insurance that we may provide or arrange to provide, you will be entirely responsible for any and all insurance that you may require for the purposes of using a Parking Space.
  12. Non-solicitation

    1. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of JustPark or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Website.
  13. Disclaimers

    1. If you choose to use the Website and Services, you do so at your sole risk. You acknowledge and agree that JustPark does not have an obligation to conduct background checks on any Parking Space Owner. The Website and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, JustPark explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. JustPark makes no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. JustPark makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or Services.
    2. No advice or information, whether oral or written, obtained from JustPark or through the Website or Services will create any warranty not expressly made herein.
    3. You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Parking Space Owners. You understand that JustPark does not make any attempt to verify the statements of users of the Website or Services or to review or visit any Parking Spaces. JustPark makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Parking Space Owners, particularly if you decide to meet in person.
  14. Your liability and indemnity

    1. You agree to defend, indemnify and hold harmless JustPark, its affiliates, and their respective officers, directors, managers, employees and agents ("JustPark Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions in relation to the Services, the Website, the Parking Space or the Booking; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Website caused damage to a third party; (v) your violation of any law; or (vi) your breach of the Parking Space License Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify JustPark Indemnitees. The full address of the parking space will always be provided in full and you will be liable for a fee of £30 in the UK or $50 in the US if you park at the incorrect property as a result of your own negligence.
  15. Limitation of liability

    1. JustPark will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will JustPark be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Website or Services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or Services or any booking with an Owner to the fullest extent permissible by law, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    2. For the avoidance of doubt, the liability excluded under clause 14.1 includes any loss arising from your dealings with any Owner or arising from the Parking Space and we shall have no liability to you whatsoever for any act or omission of the Owner in connection with the Parking Space or your Booking.
    3. If you are domiciled in the UK the liability excluded under clause 14.1 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.
    4. Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 14.5 below) is limited to the total amount paid by you to us (as agent for the Owner) under this Agreement.
    5. No claim may be brought against us in relation to this Agreement more than 12 months following the Booking to which the claim relates.
    6. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and Services and responsibility for the Parking Space and fulfillment of a Booking lies solely with the Owner for whom we act only as an agent in a limited capacity.
  16. Electric vehicle charging

    1. You must follow all user instructions in relation to the use of a Charge Point. It is your responsibility to ensure that the charging of your Vehicle using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. In particular, this includes but is not limited to ensuring that you take all reasonable care when charging your Vehicle and that:
      1.1.1 you have all necessary connector cables to enable your Vehicle to be charged at a Charge Point;
      1.1.2 the connector cable must be safely plugged into your Vehicle and the positioning of the connector cable must not create a tripping hazard to any person;
      1.1.3 the connector cable must not be unplugged from the Vehicle before the plug is removed from the Charge Point; and the Vehicle must not be driven with the connector cable still attached to the Charge Point.
    2. We are unable to guarantee that any Charge Point will be fully operational as these factors are outside of our control and depend on the actions of third parties, including the Owner. If you do experience any problems accessing or using any Charge Points, please contact us.
    3. You will be responsible for any damage caused to a Charge Point, any other property or for any injury to any person due to a breach of these Terms by you or your Authorized Person, or for your or your Authorized Person’s misuse or negligence or failure to comply with any user instructions or guidance in relation to a Charge Point and/or your Vehicle. You must notify us immediately of any damage caused to a Charge Point.
    4. Please be aware that the Owner is responsible for the Charge Point (including for the supply of electricity to such Charge Point) and we have no responsibility or liability to you in respect of such Charge Point. If you or your Authorized Person suffer any damage, loss or injury whilst using a Charge Point, you must notify us immediately.
  17. General

    1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
    2. By entering into this Agreement you also agree to our Privacy Policy which is available on our Website.
    3. Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
    4. No term of this Agreement will be enforceable by any person that is not a party to it including (if you are domiciled in the UK) any enforcement through the Contract (Rights of Third Parties) Act 1999.
    5. We will be entitled to assign or sub-contract our obligations under this Agreement.
    6. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.
    7. Each party acknowledges that the Agreement, including the Privacy Policy, contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular, it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.
    8. You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
    9. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
    10. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
  18. Governing Law and Jurisdiction

    1. If you are domiciled in the USA you are contracting with JustPark (US) Inc and this Agreement shall in all respects be governed by the laws of the State of New York without reference to its principles of conflicts of laws. Both parties acknowledge and agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, the Website or the Services. You acknowledge that JustPark's rights and your obligations to JustPark are of a unique and irreplaceable nature, the loss of which shall irreparably harm JustPark and which cannot be replaced by monetary damages alone so that JustPark shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
    2. If you are domiciled outside of the USA you are contracting with ParkatmyHouse Ltd (trading as JustPark) and this Agreement shall in all respects be governed by the laws of England and Wales and shall be deemed to have been made in England.
  19. Dispute Resolution

    1. Regardless of where you are domiciled any claims brought against JustPark must be filed in a UK court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in the UK. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
    2. Notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, JustPark may bring an action to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of this Agreement or to enforce the decision of the arbitrator.
    3. The arbitrator shall apply the substantive laws in accordance with clause 16 (Governing Law and Jurisdiction), shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages.
    4. The parties will split the arbitrator's fee.
    5. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.
    6. You agree that the provisions in this clause will survive any termination of this Agreement.