Terms and Conditions
Introduction Last revised on May 03, 2017
- The website pinpark.co ("the Site") is a parking space rental company which allows you to book parking spaces anywhere in Kochi.
- The Site is operated by Oama Parking Solution Pvt Ltd ("we" or "us") and membership is open to any individual who chooses to register with the site.
- These terms will apply to anyone who views or uses the Site ("you").
- Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
- Registration with the Site is currently free, however in order to become a registered user you will have to provide some basic personal information.
- You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.
- On receipt of an email by you to us cancelling your registration then we will terminate your registration.
- We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
Use and Abuse of the Site
- You agree that any information you supply will be true and accurate.
- You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
- We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
Advertising and Commercial Use
- Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
- You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
- In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
- The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We request that all information provided to us is accurate, current and complete.
- All notices sent to you will be sent to the email address/ SMS provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email/ SMS and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Other Sites and Linking
- The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
The following terms and conditions relate to your use of our car parks.
Our liability to you
- Park at your own risk, this space is provided for your convenience. The company assumes no responsibility for the loss or damage to the parked vehicles.
- Lock your vehicle. Do not leave valuables in plain view.
- No parking in women, elderly or specially abled spaces without permission.
- Do not leave children unattended.
- No alcohol, drugs, fire arms or knives allowed.
- No repair or maintenance of car in the parking lot.
- Improperly parked vehicles will be towed at the owners expense.
- Although we have security guards at our parking spaces, we cannot guarantee that members of the general public will not enter our Car Park and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.
- The parking tariff payable by you (as varied from time to time) will be displayed on signs at the entrance of the car park and signs within the car park. You are obliged to pay the parking tariff and to comply with any instructions on the signage as supplemented by these Terms. Failure to do so may result in us taking legal action against you.
- Should you fail to make payment and have a payment method stored with PinPark, PinPark are authorised to automatically take payment for the full amount due to us for time parked. The fee will be calculated according to duration parked which is collected from the Automatic Number Plate Recognition technology installed in car parks.
Claims and complaints
If your vehicle sustains damage while in the Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Car Park you should:
- immediately inform PinPark by contacting our Customer Services Department through our help centre.
- in the case of theft, immediately inform the police; and
- notify your insurers promptly.
- If your vehicle sustains damage while in the Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Car Park you should:
- It is important for the effective management of the Car Park that:
- you comply with all signs in the Car Park, including these Terms and all signage;
- you park within the limits of a marked bay;
- you do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or marked pre-bookable spaces); and
- If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs). Specific details about the Parking Charge payable are available in each Car Park.
- Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
- If the Car Park and/or the equipment in the Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle then, except where the damage arises as a direct result of our negligence, we will seek to recover the cost of that repair and associated administration costs from you.
- It is important for the effective management of the Car Park that:
Security of your vehicle
- Please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.
- We may install CCTV cameras in the Car Park at our discretion to assist in its proper running. We acknowledge that the cameras may act as a deterrent to criminal activity, but do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Car Park.
- Any possessions left in a vehicle are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.
- You must not tow any vehicle into the Car Park except as part of the services offered at the Car Park by persons authorised by us and no work on and no cleaning of vehicles by you or your agent, other than with our prior specific permission, is permitted in the Car Park. In the event of vehicle breakdown, you must contact PinPark to ensure that your vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.
- No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without our prior specific written permission.
- You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the Car Park.
- You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Car Park.
- Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
- Anti-social behaviour will not be accepted in our Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others action may be taken against them.
- There will not be any printed bills given to the customer. In case a booking confirmation e-mail and sms gets delayed or fails because of technical reasons or as a result of incorrect e-mail ID / phone number provided by the user etc, a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of https://pinpark.co.
- By accepting the terms and conditions the customer accepts that Pinpark may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
- Pinpark will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Pinpark as an alert on the mobile phone number provided during the course of ticket booking and Pinpark shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Pinpark liable for non-availability of the service in any manner whatsoever.
- The customer acknowledges that the SMS service provided by Pinpark is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Pinpark shall be immediately informed about the same by the customer and Pinpark will make best possible efforts to rectify the error as early as possible. The customer shall not hold Pinpark liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
- The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Pinpark shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- The customer agrees to indemnify and hold harmless Pinpark and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Pinpark and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in schedule, delay, and/or rescheduling from Pinpark and/or the SMS service provider.
- Customer also agrees to receive information regarding what Pinpark perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
- By accepting the terms and conditions the customer acknowledges and agrees that Pinpark may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their parking, the facilities and/or services of the operator.
- Grievances and claims related to the booking should be reported to Pinpark support team within 10 days of booking date.
- This Agreement shall be governed by and interpreted in accordance with the laws of Ernakulum, Kerala, India, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in Ernakulam and waive any jurisdictional, venue, or inconvenient forum objections to such courts.