Terms and Conditions

Please read the terms and conditions carefully before using Parkr and it’s Website/Mobile Application owned and operated by Sturdy Parking Solutions (India) Pvt. Ltd. (the “Company” or “We” or “Us”).

By accessing, browsing or using the Parkr Website/Mobile App or online services provided by the Company, in any way, you (the “User” or “You”) indicating your acknowledgement and acceptance of following Terms & Conditions (“Terms & Conditions”). If you do not accept all the Terms and Conditions you must leave the Website and no longer use or access the Website.

These Terms and Conditions are subject to change by the Company at any time in its sole discretion. Your use of this Website and online services after such changes shall imply your acknowledgement and acceptance of the changes. You should visit this page periodically to re-appraise yourself of the terms and conditions. Please consult these Terms and conditions before proceeding.

1. Content

All logos, brands, marks, material, data and information included, appearing, posted on the Website in any form (collectively “Content”) is the property of the Company or licensed by the Company. Any unauthorized modification or use of the Content violates our intellectual property rights and is prohibited. The Content and the functionality of the Website may be updated or changed at any time without prior notice. Though all efforts have been made to ensure the accuracy of the Content, the Company does not guarantee that the Website or the Content is error free. The Company makes no representations about the accuracy or functionality of the Website or that the Content is accurate, complete, useful, error/spam free or up to date. This applies to content provided by us as well as provided by the others.

The Company shall be entitled to, consistent with Company’s Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content provided by you and others. You agree that any Content you post may be used by the Company, consistent with Company’s Privacy Policy available on it’s website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Neither the Company, any of its affiliates, promoters, directors, investors, officers and employees, nor any other party involved in creating, producing or delivering the Website or the Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Website or operation of the Website or failure of the Website to function in any way. In no event the Company is liable for any direct, indirect, incidental, special, punitive, or consequential, damages or any damages whatsoever, even if the Company has been previously advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that the Company would not grant access to the Website without your agreement to this term.

You should assume that everything you see or read on the Website is proprietary information unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the Company’s prior written consent in each case. Nothing posted on the Website grants a license to any trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise. Trademarks displayed on this Website not owned by the Company are the property of their respective owners.

2. Restricted Use & Access

You are authorised to reproduce any content available on or accessible from this Website (Content) for non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee. Reproduction of this Website and the Content on it, including by screen scraping or any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with this Website, is strictly prohibited, unless such reproduction is for non-commercial use or otherwise approved by us in writing. If you require any Content for your commercial use please contact us and we can discuss a formal access arrangement.

When using this website, you agree not to do any of the following:
(a) host, display, upload, modify, publish, transmit, update or share any information that belong to another persons and to which you do not have any right;
(b) host, display, upload, modify, publish, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’ privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
(c) host, display, upload, modify, publish, transmit, update or share any information that harm minors in any way or infringes any patent, trademark, copyright or other proprietary rights or intentionally or unintentionally violates any applicable law or regulation or impersonate another person or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or cause incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(d) without our prior written approval, sell Content obtained from this Website;
(e) use this website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights or privacy, or which restricts or interferes with this website;
(f) reverse engineer, reverse assemble or reverse compile all or part of this website;
(g) enter into any transaction relating to access or use of this website with a party other than us, without our prior written consent;
(h) attempt to gain unauthorised access to this website, computer systems or networks connected to this website, through hacking, password mining or any other means.
(i) accessing data not intended for such user or logging into a server or account which the user is not authorised to access;
(j) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(k) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing";
(l) sending unsolicited electronic mail, including promotions and/or advertising of products or services; or
(m) post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, hatred or physical harm of any kind against any group or individual.

Violations of system or network security may result in civil or criminal liability. The Company and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

3. Copyrights and Trademarks

Copyright in the Content and this Website (including text, graphics, logos, marks, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1957, and except as expressly authorised by these terms & conditions, you may not, without our prior written approval, in any form or by any means:
(a) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website/app; or
(b) commercialise any Content, goods or services obtained from any part of this website.

Any of our trademarks which are displayed on this website may not be used without our prior written approval. This website may also display other names and logos that are trademarks of other third parties. You must not use those trademarks without our prior written approval or the prior written approval of the relevant third party owner.

4. Disclaimer of Warranties

You acknowledge and agree that the services are provided by the Company on “as is” and “as available” and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, the Company its affiliates and their respective officers, directors, promoters, employees, agents, affiliates, branches, subsidiaries, investors, and licensors disclaim all warranties, express or implied, in connection with the services including mobile app.

5. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, employees, directors, promoters, investors and shareholders against any and all claims, losses, liabilities, damages, penalties, expenses, demands including legal fees and other costs against the Company and it’s affiliates, employees, directors, promoters, investors and shareholders arising from and related to the use of our website or breach of these terms and conditions, or any other legal obligation by you.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, any of its affiliates, promoters, directors, investors, officers, employees or agents shall be liable to you for any direct or/and indirect or/and incidental or/and special or/and punitive or/and exemplary or/and consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile application, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or content from the website (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract or any other legal theory, and whether or not the Company has been advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details including financial details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services (xi) use or/and the inability to use the services (xii) termination of services.
In no event shall Company’s total liability to you in connection with the services/claims/demands for all damages, losses and causes of action shall be more than the transaction amount.

7. Disclaimer of Consequential damages

In no event shall Company be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

8. Security of information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.

9. Termination

Company may suspend your ability to use all or any element of the Services or may terminate this agreement effective immediately, without any notice or explanation. Without limiting the foregoing, we may suspend your access to the Services if we believe you to be in violation of any part of this agreement and privacy policy (including any Company Policies) or if we receive excessive charge backs on the credit or debit card, credit facility associated with your Account. After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that we shall not be liable to you for any termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which we will have no liability whatsoever.

10. General Terms

(i) These terms and conditions supersede any prior agreements between you and us in respect of your use of this website or online services provided by us. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through this website, including our Rules & Regulations. To the extent of any inconsistency, these terms and conditions prevail.
(ii) Headings in these terms and conditions are for convenience only and do not affect interpretation.
(iii) Our failure to exercise or enforce any right or provision of these terms and conditions must not be treated as a waiver of the right or provision.
(iv) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions are to continue in full force.
(v) Your rights and obligations under these terms and conditions are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
(vi) These terms and conditions and the relationship between you and us are governed by the laws of India without regard to its conflict of law provisions. You agree to submit to exclusive jurisdiction of the courts in Mumbai, Maharashtra.