These Payments Terms of Service for Indian Users (“Payments Terms”) are a binding legal agreement between you and Goparkk Payments that govern the Payment Services (defined below) conducted through or in connection with the Goparkk Platform. When these Payments Terms mention “Goparkk Payments,” “we,” “us,” or “our,” it refers to the Goparkk Payments company you are contracting with for Payment Services.
Goparkk Payments provides payments services to Members publishing, offering and booking PArking, Experiences or other Host Services. These payment services may include (if available) the following (collectively, “Payment Services”):
In order to use the Payment Services, you must be at least 18 years old, must have an Goparkk account in good standing in accordance with the Goparkk Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
Goparkk Payments India Pvt. Ltd. (“Goparkk Payments India”) except:
1. Your use of the Payment Services
1.1 Goparkk Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Goparkk Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Goparkk Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Goparkk Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Goparkk Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Goparkk Payments of those Third-Party Services.
1.3 Your Goparkk Account. Goparkk Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Goparkk account. You may authorize a third party to use your Goparkk account if the feature is enabled for your Goparkk account. You acknowledge and agree that anyone you authorize to use your Goparkk account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Goparkk Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Goparkk Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Goparkk account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Goparkk Payments or its third-party payment processor(s). You authorize Goparkk Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Goparkk Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Goparkk account so it can be used for a future transaction. You can remove the Payment Method from your Goparkk account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow Goparkk Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Goparkk account, including Damage Claim amounts in accordance with the Terms and with Section 6.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Goparkk Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Goparkk Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Goparkk Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Goparkk Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Goparkk Payments is unable to collect the Total Price due, as scheduled, Goparkk Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Goparkk Payments will process each transaction in the currency you select via the Goparkk Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Goparkk Payments contracting entity(ies). Any such limitations will be communicated via the Goparkk Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Goparkk Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Goparkk Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Goparkk cancels the booking, any amounts collected by Goparkk Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions. Goparkk Payments reserves the right to decline or limit payments that we believe (i) may violate Goparkk Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Goparkk, Goparkk Payments, or others to risks unacceptable to Goparkk Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Goparkk Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Goparkk Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Goparkk Payments may make available to Guests to pay the booking amount at the time of booking (“Payment Plan”). .
2.11.1.2 If Goparkk Payments is unable to collect your payment, Goparkk Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method before booking confirmation of the notice. If you fail to complete the payment, you authorize Goparkk to prevent the booking on your behalf.
3. Host Terms
3.1 Payment Collection. Goparkk Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Goparkk account. When you add a Payout Method to your Goparkk account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Goparkk Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Goparkk Payments requires for a valid Payout Method may change, and Goparkk Payments may request additional information at any time; failing to provide requested information may result in Goparkk Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Goparkk Payments to collect and store your Payout Method information. Goparkk Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Goparkk Payments will generally initiate Payouts to your selected Payout Method: (i) for Parking, 24 hours after the Guest’s booking time (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Goparkk Platform. For Parking Space bookings of twelve (12) hours or more, Goparkk Payments will generally initiate the first payout 24 hours after the Guest’s scheduled booking time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2 Goparkk Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Hosts in China will receive Payouts 48 hours after the Guest’s scheduled check-out time or 7 days after the Guest’s scheduled check-in time, whichever is earlier. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Goparkk Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Goparkk service fees and applicable taxes. In the event of cancellation of a confirmed booking, Goparkk Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Goparkk Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Goparkk Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Goparkk Payments will remit your Payouts in the currency you select via the Goparkk Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Goparkk contracting entity(ies). Any such limitations will be communicated via the Goparkk Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Goparkk Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Goparkk Payments may limit the amount of a Payout. If you are due an amount above that limit, Goparkk Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Goparkk Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.9 Handling of Funds. Goparkk Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. Goparkk Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Goparkk Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. General Terms
4.1 Fees. Goparkk Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Goparkk Platform.
4.2 Payment Authorizations. You authorize Goparkk Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Goparkk account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Goparkk Payments to collect from you:
4.3 Collections
4.3.1 If Goparkk Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Goparkk Payments may engage in collection efforts to recover such amounts from you.
4.3.2 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Goparkk and/or Goparkk Payments by you. Such communications may be made by Goparkk, Goparkk Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
4.4 Payment Processing Errors
4.4.1 Goparkk Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Goparkk Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
4.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Goparkk Payments.
4.5 Refunds
4.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Guest Refund Policy, and Experiences Guest Refund Policy will be initiated and remitted by Goparkk Payments in accordance with these Payments Terms.
4.5.2 Subject to this Section 5.5.2, Goparkk Payments will initiate the refund process immediately. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Goparkk Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Goparkk Payments will initiate and process the refund as soon as is practicable.
5. Damage Claims and Damage Amounts
5.1 If Goparkk determines that you are responsible for Damage Claim amounts, pursuant to the Terms, you authorize Goparkk via Goparkk Payments to charge the Payment Method used to make the booking in order to collect Damage Claim amounts, up to a maximum amount as set by Goparkk that may vary by country/region. If Goparkk via Goparkk Payments is unable to collect from the Payment Method used to make the booking, you agree that Goparkk via Goparkk Payments may charge any other Payment Method on file in your Goparkk account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).
5.2 You agree that Goparkk Payments may seek to recover from you under any insurance policies you maintain and that Goparkk Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts under the Host Damage Protection
6. Prohibited Activities
6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
6.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
7. Force Majeure
Goparkk Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Goparkk or Goparkk Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
8. Disclaimers
8.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
8.2, Goparkk Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Goparkk Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
8.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
8.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
9. Liability
9.1, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Goparkk account in any way, you are responsible for the actions taken by that person. Neither Goparkk Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Goparkk Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will Goparkk Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Goparkk Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Goparkk Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Goparkk Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Goparkk Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Goparkk Payments’ option), indemnify, and hold Goparkk Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
11. Modification, Term, Termination, and other Measures
11.1 Modification. Except as otherwise required by applicable law, Goparkk Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Goparkk Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Goparkk Payments UK, or Goparkk Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
11.2 Term. This agreement between you and Goparkk Payments reflected by these Payment Terms is effective when you create an Goparkk account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
11.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Goparkk account. Terminating this agreement will also serve as notice to cancel your Goparkk account pursuant to the Terms. Without limiting our rights specified below, Goparkk Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Goparkk Payments India). Goparkk Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Goparkk Payments believes in good faith that such action is reasonably necessary to protect other Members, Goparkk, Goparkk Payments, or third parties.
11.4 Suspension and Other Measures. Goparkk Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Goparkk Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Goparkk, its Members, Goparkk Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
11.5 Appeal. If Goparkk Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
11.6 Effect of Termination. If you cancel your Goparkk account as a Host or Goparkk Payments takes any of the measures described above, Goparkk Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Goparkk account as a Guest, Goparkk Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Goparkk account or attempt to access and use the Payment Services through an Goparkk account of another Member.
11.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
12. Governing Law and Dispute Resolution
12.1 If you are contracting with Goparkk Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Goparkk Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
13. Miscellaneous
13.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Goparkk Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Goparkk Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
13.2 No Waiver. Goparkk Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
13.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Goparkk Payments’ prior written consent. Goparkk Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Goparkk Payments UK).
13.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Goparkk Payments via email or Goparkk Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Goparkk Payments transmits the notice.
14. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
14.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
14.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
14.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
14.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Goparkk for Work, as permitted by your account, you authorize Goparkk Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
14.5 For any Payout Method linked to your Goparkk account, you authorize Goparkk Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Goparkk account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
14.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
15. Contacting Goparkk Payments
You may contact Goparkk Payments regarding the Payment Services using the information below:
Goparkk Technology Private Limited.
7, Ganesh Chnadra Avenue, 1st Floor,
Kolkata – 700013
Payment-legal@goparkk.com