Thank you for using Goparkk!
These Terms of Service (“Terms”) are a binding legal agreement between you and GOPARKK that govern your right to use the websites, applications, and other offerings from Goparkk (collectively, the “Goparkk Platform”). When used in these Terms, “Goparkk,” “we,” “us,” or “our” refers to the Goparkk entity with whom you are contracting.
The Goparkk Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and Parking space booking services. Members who publish and offer Parking services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Goparkk Platform, and must keep your account information accurate. As the provider of the Goparkk Platform, Goparkk does not own, control, offer or manage any Listings or Host Services. Goparkk is not a party to the contracts entered into directly between Hosts and Guests, nor is Goparkk a Parking Space owner, Car service, or insurer. Goparkk is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Goparkk’s role see Section 16.
We maintain Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Goparkk payment entities (collectively "Goparkk Payments").
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Your Responsibilities and Assumption of Risk.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Goparkk for accuracy and may be incorrect or misleading.
Parts of the Goparkk Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Goparkk a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Goparkk pays for the creation of Content or facilitates its creation, Goparkk may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Goparkk the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Goparkk may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Goparkk does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Goparkk may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Goparkk Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Goparkk Platform, service fees are non-refundable. Goparkk reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.
Goparkk may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Goparkk Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Goparkk Platform will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Goparkk and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Goparkk and Goparkk determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Goparkk via Goparkk Payments can collect the amount of the Damage Claim from you. You agree that Goparkk may seek to recover from you under any insurance policies you maintain and that Goparkk may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Goparkk requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Goparkk, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Goparkk has the right, but does not have any obligation, to monitor the use of the Goparkk Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Goparkk Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Goparkk administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Goparkk in good faith, and to provide Goparkk with such information and take such actions as may be reasonably requested by Goparkk with respect to any investigation undertaken by Goparkk regarding the use or abuse of the Goparkk Platform. Goparkk is not acting as an agent for any Member except for where Goparkk Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Goparkk Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Goparkk Platform under the laws of the India, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Goparkk if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Goparkk Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Goparkk Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Goparkk has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Goparkk (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Goparkk Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Goparkk Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Goparkk Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Goparkk has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Goparkk Host Damage Protection, in no event will Goparkk’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Goparkk Platform,
These limitations of liability and damages are fundamental elements of the agreement between you and Goparkk. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Goparkk’s option), indemnify, and hold Goparkk (including Goparkk Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our
Additional Legal Terms, Policies or Standards, (ii) your improper use of the Goparkk Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the Goparkk Platform, Schedule 1 below sets out the Goparkk entity with whom you are contracting. If we identify through the Goparkk Platform, an Goparkk entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Goparkk entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Goparkk company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the India, these Terms will be interpreted in accordance with the laws of the West Bengal and the India, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in Jurisdiction of kolkata high court, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.