Constapark - Lets make parking fun!

Term and Condition


Constapark's business model



Constapark is parking aggregation and distribution platform it offers parking subscription, valet on demand and self parking options. Constapark is an online marketplace for valid permit holder drivers/ valets duly authorized & verified by the Transport Authorities). These drivers/ valets are employees of our registered vendors or they are either self-employed (with valid driving licence).

Parking spaces are either owned or managed by our vendors. Like you have an Constapark app on your smartphone to book a valet, manage parking subscription or self parking information, these drivers/ valets have a similar Driver mobile App on their smart phones. We activate the Driver/ Valet app after a thorough check of authenticity and conducting due diligence of the commercial & personal papers of the driver/valet & operator. These drivers/ valets decide their own time to login to the Constapark application and accept requests for Valet Parking from customers. They may choose to remain logged out of the system as per their convenience.



CUSTOMER TERMS AND CONDITIONS

These customer terms and conditions (“T&Cs”) apply to Your access to, and use of the Constapark Application. The Application is operated by Kodikas Technology Private Limited , and its subsidiaries, licensees, and affiliated companies. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Customer Terms and Conditions, then please don’t use the Application or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Constapark IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE WEBSITE/APP .


Definitions

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

“Account” refers to the account created by the Customer on the Application to become the member of a Community or a Deemed Community or a Registered Community or an Open Community.

“Act” means the Motor Vehicle Act, 1988 and the rules made thereunder in the City of Operation and includes any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.

“Application” shall mean the feature/category-icon “Constapark” within the mobile application “Constapark” as may be updated by Constapark from time to time

“Authorized Driver/ Valet” shall mean and include such individuals as may be evaluated, appointed and trained by the Authorised Vendor to provide the valet parking services on behalf of the Authorised Valet Parking Operator in accordance with the terms & conditions applicable to Authorised Vehicle Operators and Applicable Law.

“Authorized Valet Parking Operator” shall mean and include such individuals and agencies which hold valid Contract Carriage Permit(s).

“Driver/Valet” shall mean an Authorized Driver/Valet, offering the service of valet parking to the Customers within the City of Operation from the pick up points to the drop points as communicated by the Customer at the time of requesting the booking on the Application.

“City of Operation” shall mean a city in which Constapark has been launched and the Customers and Driver/Valet s avail and render the transportation services respectively. For clarity, the services rendered by the Driver/Valet s and availed by the Customers shall be in the same city.

“Community” shall mean an association of persons having the same domain names in their email ids as created by their Recognized Entities, provided that such domain names are registered in the name of the Recognized Entities.

"Customer/ You" means a person who has an Account on the Application.

“Deemed Community” shall mean an association of persons not having the same domain names in their email ids, however grouped together as a community for the purposes of these T&Cs at the sole discretion of Constapark.

“Email ID” shall mean Your current, active and valid email id, the same being created by the Recognized Entity and used by You. Constapark shall use this Email ID only for the purpose of Customer verification and consequent grouping of Customers in Communities or Registered Communities.

“ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point/drop of the Customer, provided by Constapark before pick of car from the point in service zone and while valet is driving car to hand over car to the customer. Which shall change from time to time.

“Constapark/ We/ Our/ Us” means Kodikas Technologies Private Limited, a company registered under the Companies Act, 1956 and having its corporate office at address

“Open Community” shall mean an association of persons who may not have Email IDs or the same domain names in their email ids or any other commonality, however grouped together as a community for the purposes of these T&Cs, at the option of the Customers.

“Original ID” shall mean Your current, active and valid email id, the same being registered with Us by You for using and accessing the mobile application Constapark.

“Recognized Entity” shall mean a validly existing legal entity carrying on activity, which is permitted under Applicable Law, and have the power and authority to create and grant the Customer email-ids with such domain names as are registered in its name.

“Registered Community” shall mean an association of persons belonging to a Recognized Entity that has entered into special service level arrangements/agreements with Constapark.

“Registration Data” shall mean and may include the present, valid, true and accurate name, Original ID, Email ID, age and such other information as may be required by Constapark from time to time, provided by the Customer at the time of registration on the Application.

“Service Zone”Area where pick and drop of vehicle will take place, as marked on app.

“Service(s)” means the facilitation of on demand valet parking, parking subscription and self parking options.

“Vehicle” shall mean a your LMV or 2 wheeler As defined under the Motor Vehicles Act, 1988.

"You", “Your or “Yourself” shall mean reference to the Customer accessing the Application



1. Interpretation

  1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
  2. Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
  3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Constapark will, unless repugnant to the context, include its affiliates, successors and permitted assignees.


2. Eligibility

  1. You will be "Eligible" to use the Services only when You fulfill the all of the following conditions:
    1. You have attained at least 18 (eighteen) years of age.
    2. You are competent to enter into a contract under the Applicable Laws.
  2. You may avail the Services only if You fulfill the conditions as mentioned in 3.1.1 to 3.1.2 above. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
  3. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application is not Eligible to use the same.


3. Registration and Account

  1. You understand and acknowledge that You can register on the Application only after complying with the requirements of Clause 3.1 and through a valid Email ID. For clarity, the aforesaid requirement applies to members of Deemed Communities only to the extent of a valid email ID and does not apply to members of Open Communities.
  2. You will be required to enter Your Email ID & Mobile Phone Number on the Application following which a verification link would be sent to Your Email ID. Upon receipt of the verification link on Your Email ID, You shall be required to click on the said link within 24 (twenty four) hours of receiving the verification link in order to complete the aforesaid verification process. In the event of Your failure to click on the verification link within the above mentioned timeline, the same would lapse and You will have to repeat the process set out in this Clause 4.1. For clarity, the aforesaid requirement and process applies to members of Deemed Communities only to the extent of a valid email ID and does not apply to members of Open Communities.
  3. Upon completion of the verification process in accordance with Clause 4.1 above, You will be added to a Community or Deemed Community through which You can avail the Services offered on the Application.
  4. In order to use the Application, You are required to provide Registration Data to Constapark on the Application. You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
  5. In the event of any change in the said Registration Data, You agree to promptly update Your Registration Data on the Account so as to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other entity/third party.
  6. Constapark will store the Registration Data provided by You for contacting You for all Service related matters. You may promptly inform Us on any change in the Registration Data provided.
  7. We may send any Information to You to the mobile number or Original ID registered with Us as Registration Data.
  8. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or any other reason We may find it to just. We also reserve the right to suspend Your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Driver/Valet .
  9. It is Your responsibility to check to ensure You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
  10. We allow You to open only one Account in respect of one Email ID.
  11. You will not assign or otherwise transfer Your Account to any third party.
  12. In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In the event of the such unauthorized use, please immediately reach Us at team@constapark.com
  13. In case, You are unable to access Your Account, please inform Us at team@constapark.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account except in case of Force Majeure events which are beyond Our reasonable control.
  14. NOTWITHSTANDING ANYTHING CONTAINED ANYWHERE IN THIS AGREEMENT THE REGISTRATION PROCESS CONTAINED IN CLAUSE 4 OF THESE T&C’s SHALL NOT APPLY TO MEMBERS OF REGISTERED COMMUNITIES AND OPEN COMMUNITIES. THE REGISTRATION OF MEMBERS OF REGISTERED COMMUNITIES SHALL BE GOVERNED BY THE TERMS OF THE SPECIAL SERVICE LEVEL ARRANGEMENTS BETWEEN Constapark AND THE RECOGNIZED ENTITIES. THE REGISTRATION OF MEMBERS OF OPEN COMMUNITIES SHALL BE GOVERNED BY THE REGISTRATION REQUIREMENTS OF THE MOBILE APPLICATION “Constapark ALONE.

3. Rights and Obligations: Do’s & Don’ts

  1. A booking can be made only through the Application. You understand and undertake that the use of the Application is only for Your personal purpose. You shall not be allowed to book on behalf of others, even if the person belongs to the same Community or Deemed Community or Registered Community.
  2. You acknowledge that there may be a delay in dropping your car at Your destination, as the Driver/Valet , may get stuck in traffic and that You shall have no claim against Constapark in this regard.
  3. You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or in any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of these T&Cs, and acknowledge that Constapark shall have no obligation in this regard.
  4. You are required to ensure that the valet assigned to You in the manner provided in the T&Cs bears the same security code and the registration details specified to You through the Application and/or SMS.
  5. No change in drop location shall be allowed once Constapark confirms the booking.
  6. You shall ensure that:
    1. You report promptly on time at the pick up location;
    2. You do not share Your personal information with the Driver/Valet . You maintain decorum and refrain from indulging in heated discussions or debate(s) with Your the Driver/Valet ;
    3. You avoid getting personal or overtly friendly with Driver/Valet .
    4. You keep Your belongings with You only.
    5. You do not indulge in any inappropriate behavior, verbal or otherwise, with Your Driver/Valet .

4. General Customer behaviour while using transport service through Driver/Valet

  1. You shall maintain reasonable behavior while utilizing the Services offered by the Driver/Valet .
  2. You shall take full responsibility of Your items. In case of lost items during the parking time, We will try to locate the items on a "best-effort" basis but We shall not be responsible for the same in case of any losses or damages arising out of such lost items.
  3. You shall ensure that You will not:
    1. Ask the Driver/Valet to break any Traffic/Transport/City Police and/or government rules for any purpose (especially the time of handover of car).

5. Use of Application

You agree, undertake and confirm that Your use of the Application shall be strictly governed by the following binding principles:

  1. You may use the Website for lawful purposes only.
  2. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Application or any other individual's use and enjoyment of similar services; or
    2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behavior termed as "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; or
    3. is misleading in any way; or
    4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    5. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
    6. infringes upon or Constaparktes any third party's rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number)]; or
    7. contains restricted or password-only access pages, or hidden pages or images (those not linked to the Application or from another accessible page); or
    8. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
    9. provides instructional information about illegal activities such as making or buying illegal weapons, Constaparkting someone's privacy, or providing or creating computer viruses; or
    10. contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his her guardian in the case of a minor; or
    11. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Applications or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Applications or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
    12. engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or
    13. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Application, or contains content that would be prohibited or Constapark the letter or spirit of these T&Cs; or
    14. harm minors in any way; or
    15. is fraudulent or involve the sale of counterfeit or stolen items; or
    16. Constaparks any law for the time being in force; or
    17. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
    18. exhibits the tenor of impersonating another person; or
    19. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application; or
    20. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
    21. is false, inaccurate or misleading; or
    22. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
    23. creates any liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
  3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve the right to bar any such activity.
  4. You shall not copy, distribute or disclose any part of the Application in any medium.
  5. You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application.
  6. You shall not take any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on Our infrastructure.
  7. You shall not upload invalid data, viruses, worms, or other software agents through the Application.
  8. You shall not collect or harvest any personally identifiable information, including account names, from the Application.
  9. You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content.
  10. You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity.
  11. You shall not interfere with the proper working of the Application.
  12. You shall not access any content on the Application through any technology or means other than those capabilities provided by the Application.
  13. You shall not bypass the measures We may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Application or the content therein.
  14. You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Constapark, including any of Our account not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application.
  15. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Our systems or networks, or any systems or networks connected to the Application.
  16. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Application or any service offered on or through the Application. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  17. You shall not use the Application or any Content for any purpose that is unlawful or prohibited by these T&Cs as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of Constapark or others.
  18. You shall not use the Services or the Application in any manner that could damage, disable, overburden, block or impair any of the server connected to the Application. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
  19. You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
  20. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Constapark on Our platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
  21. Solely to enable Us to use the information so that We are not viConstaparkting any rights You might have with respect to Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with these T&Cs and Our privacy policy.
  22. You shall not engage in advertising to, or solicitation of, other users of the Application to buy or sell any products or services, including, but not limited to, services being displayed on or related to the Application. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Application. It shall be a viConstaparktion of these T&Cs to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Application without Our prior explicit consent. In the event of Us according consent to a person to advertise through Our Application, We may in order to protect Our users from such advertising or solicitation, reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period, the same being subject to Our sole discretion.
  23. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy the Applicable Law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. 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.
  24. We reserve the right, but have no obligation, to monitor the materials posted on the Application. We shall have the right to remove or edit any Content that in Our sole discretion viConstaparktes, or is alleged to viConstaparkte, any Applicable Law or either the spirit or letter of these T&Cs. Notwithstanding this right of Constapark, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of the content and/or appearance of content on the Application. You hereby represent and warrant that You have all necessary rights in and to all content You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  25. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

6. Content Posted on Application and Intellectual Property

  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Constapark.
  2. Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
  3. You may use information on Our services that has been made available by Us for downloading from the Application, provided You:
    1. do not remove any proprietary notice language in all copies of such documents; or
    2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
    3. make no modifications to any such information; or
    4. do not make any additional representations or warranties relating to such documents.
  4. All trademarks, brands and service marks used in connection with the Application or Services offered are owned by Constapark and is Constapark’s property; Constapark owns all copyrights and intellectual property rights and database rights in connection with the Services and the Application. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.
  5. You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any Constapark of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the interface/Application.
  6. You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Applications (“Posted Content”). Such Posted Content will become Our property and You grant Us the royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Constapark’s (and its successors’ and affiliates’) business.. We shall be entitled to, use the Posted 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 Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. Constapark takes no responsibility and assumes no liability for any content posted by You (“User Content) that You or any other user or third party creates, stores, shares, posts or sends through the Application. You shall be solely responsible for Your User Content and the consequences of posting, publishing it, or sharing it and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. If Your User Content viConstaparktes these T&Cs, You may bear legal responsibility for that content.

7. Booking process

You may download the Application on Your device for availing the Service and the Service shall be available only through the Application. For making a booking You will have to enter the destination on the booking screen of the Application. The pick-up address will be fixed to Your location at the time of making the booking and will be non-editable. Upon Your clicking the ‘book now’ tab, the booking confirmation screen will pop up which will display the ETT and the valet/parking/subscription cost/fare. If You agree to the travel time and the fare You will be required to hit the ‘I Confirm’ icon.


8. Confirmation of booking

  1. We shall upon You clicking the “I Confirm” icon appearing at the bottom of Your screen, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You through the Application and/or vide an SMS and email to your Original ID. Please note that You are required to check the drop point before You click the ‘I Confirm’ icon and make all alterations or changes to the desired drop location before clicking the ‘I Confirm’ icon. In the event the booking is confirmed from Our end, You shall check the booking details like ETA, pick up place and such other details as Constapark may deem fit and if there are incorrect details, the same needs to be informed to Us immediately. You shall be responsible for immediately reporting the errors, if any, that may have occurred in the information sent to You regarding booking confirmation. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email or failure to inform Us of the incorrect details immediately.We shall upon You clicking the “I Confirm” icon appearing at the bottom of Your screen, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You through the Application and/or vide an SMS and email to your Original ID. Please note that You are required to check the drop point before You click the ‘I Confirm’ icon and make all alterations or changes to the desired drop location before clicking the ‘I Confirm’ icon. In the event the booking is confirmed from Our end, You shall check the booking details like ETA, pick up place and such other details as Constapark may deem fit and if there are incorrect details, the same needs to be informed to Us immediately. You shall be responsible for immediately reporting the errors, if any, that may have occurred in the information sent to You regarding booking confirmation. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email or failure to inform Us of the incorrect details immediately.
  2. You may, upon availing or attempting to avail the Services, receive SMS messages on Your mobile phone from Us regarding the following: (i) confirmation of booking - including driver name, vehicle license number and the ability to contact the Driver/Valet by telephone; (ii) Driver/Valet declining Your booking; (iii) total fees to be paid. However, the above list is not exhaustive in nature and You may receive additional and different messages from Us. You hereby understand, agree and consent to the receipt of such messages from Us.
  3. Upon Your booking being processed and confirmed via Application, e-mail and SMS, You will receive a timer notification on Your mobile phone after which You shall be required to board the booked cab not later than 2 minutes of the notified pick up time. The Driver/Valet shall be under no obligation whatsoever to wait for You at Your boarding point beyond the lapse of 2 (two) minutes of the pick-up time notified to You. In case of any delay caused by You in arriving at the pick-up point and the cab having proceeded without You, You shall have no claim against Constapark or the Driver/Valet and Constapark shall not be held liable in anyway whatsoever.
  4. For clarity, in the event, the Vehicle arrives later than the notified pick up time, the Driver/Valet shall wait no longer than 2 minutes from his time of arrival at the notified pick up point. (Illustration: When the notified pick up time is 10:00 AM, the Driver/Valet shall wait no longer than 10:02 AM. In the event, the Driver/Valet arrives at the notified pick up point at 10:10 AM, the Driver/Valet shall wait no longer than 10:12 AM)



9. Payment

You may choose to pay for the Services by either of the following method:

  1. Cash payment: Currently we accept only Cash payment and payment shall be made at the time handing over your car.
  2. You shall make the cash payment at the time of handing over of your car, such amount shall be the amount specified in the rate card, please check rate card before booking On Demand Valet.
  3. The Customer shall make best efforts and ensure that the Customer tenders exact change to the Driver/Valet .



10. PRICING POLICY

Explained below, are the different sections related to the pricing of services provided By Constapark. All the prices are in INR.

  1. Price Range
  2. At Constapark, we have customised pricing according to the services rendered by us. The details are provided to you beforehand according to the effort, efficiency and the output of the service. Typically the range of transactions on our website varies from INR 1000 to INR 10000.

  3. Schedule of payment
  4. Some of our services can be utilised for fixed durations. In such cases, it is clearly mentioned within the description of these services. The period of usage in these cases varies normally from 3 months to 1 year.

  5. Best Prices
  6. Here, at Constapark, we are committed to offering you the best affordable prices for our services.

  7. Pricing Errors
  8. We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur which will be notified to you at the earliest and rectified immediately.

  9. Refund Policy
    1. If in case, money has been deducted from your account even after a transaction failure, it will be refunded back to you within 6-7 working days.
    2. In Monthly Parking subscription, security deposits will be refunded back to you at the successful completion of subscribed package.

    Our services are offered for sale by Constapark for your personal usage and not for resale. Therefore, we reserve the right to refuse to sell to any person whom we believe may be purchasing for resale.

    If you have any questions or doubts, we are more than happy to help you out at any time of the day. Just give us a call at +919916559892 or mail us your query at team@constapark.com.




11. Waiting policy

The Driver/Valet shall wait only for 2 (Two) minutes for the Customer at the pick location. If the customer does not arrive within 2 (Two) minutes, then the Driver/Valet /Constapark may cancel the trip and leave the pick-up location.


12. Cancellation policy

  1. You may cancel the booking as early possible prior to reach the pickup location without any cancellation charges. In case, the money is deducted from Your Payment gateway post a valid cancellation, the deducted amount towards trip fare would be refunded to You within 72 hours .
  2. Constapark/Driver/Valet may cancel the booking anytime prior to the payment of fare by the Customers to the Driver/Valet by cash or through. Constapark does not warrant that a re-allotment of a Driver/Valet for the purposes of the Service under these T&Cs and a re-confirmation of booking shall be made once a cancellation has been effected by either Parties.

13. What are your hours of operation?

  1. Koramangala – 10 am to 11 pm
  2. Indira Nagar - 10 am to 11 pm


14. Charges

  1. At present, We don’t charge You any fees for the use of Our Services. However, in the future, We reserve the right to charge fee and change Our policies from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing Services offered on the Application. In such an event We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Application.
  2. Valet parking option also include parking which will be applied to final invoice while handing over the your car.
  3. In case you avail any other service like car cleaning, refueling that will be extra and in that valet will provide you a invoice and service change of Rs 50 will be applicable.


15. Other businesses

We do not take responsibility or liability for the actions, products, content and services on the Application, which are linked to affiliates and / or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.



16. Links

You must not use on Your site or in any other manner any trademarks, service marks or any other materials appearing on the Application, including any logos or characters, without Our express written consent and consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Application without Our prior written consent.


17. Termination and expiry of the account

We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can exit Your Community/Registered Community/Deemed Community/Open Community using the Application and/or terminate Your Account by submitting a request to Us at team@constapark.com. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all Transactions that occurred prior to termination of Your Account.


18. Disclaimers

  1. Except for Our limited role in providing You on demand valet/ self parking option / parking subscription booking facility that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Driver/Valet s or other third party. We are not a selling agent in relation to any sale of goods or services to You by any Driver/Valet or any other third party. We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any service that You may avail using the Application. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
    1. This Application will be constantly available, or available at all; or
    2. The information on this Application is complete, true, accurate or non-misleading; or
    3. This Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
    4. Content on the Application constitutes, or is meant to constitute, advice of any kind;
  2. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application.
  3. Constapark shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of parking service offered by Driver/Valet / Vendor or due to the failure of Driver/Valet / Vendor to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Constapark or any person or any organization involved in the above mentioned systems.
  4. You acknowledge that while Constapark employs certain quality control measures, Constapark does not, and cannot exercise control over the quality or safety of the transportation that is made use of by You through the Services.
  5. Constapark will not be liable for any damages of any kind arising from the use of the service offered by the Driver/Valet including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  6. Constapark will take all reasonable measures to ensure that Driver/Valet should fulfill his duty properly but there may be exceptions and if any customer misses the meeting or movie show or event or interview or flight or bus, Constapark will not be held liable for any such compensation. The Customer is advised to make alternate arrangement in case the Valet/Driver/Parking available due to any reason.
  7. The valet parking services, and any claim resulting from the same, while requested through the Application, remains the responsibility of the Driver/Valet s and Constapark shall not be liable for any conduct of the Driver/Valet s. Constapark encourages You to notify any complaints that You may have against the valet and parking vendor that You may have hired/rented using the Constapark’s platform
  8. Constapark is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. You are solely responsible for Your interactions with other users, whether drivers/ valets. By using the Application and the Services, You agree to accept such risks and acknowledge that Constapark is not responsible for the acts or omissions of other users.
  9. The Customer acknowledges that in the event the Customer does not avail the Service(s) in the Vehicle allocated to him/her by Constapark and/or the Customer exchanges the seat allocated to him/her with a seat allocated to another Customer in another Vehicle, the Customer shall do so at its own and sole risk. Constapark shall not bear any liability arising out of or in connection with such acts on the part of the Customers.
  10. The location data made available on the Application is basic is nature, and meant to provide guidance to drivers/ valets only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Constapark does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.
  11. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
  12. Constapark and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained upon the Application (whether arising from Constapark or any other person's negligence or otherwise).
  13. We do not warrant that Your use of the Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Application will be corrected, or that the Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Application or Services.


19. Privacy and Security

  1. We will take every reasonable effort not to share any of valet parking details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You. Please read Our privacy policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.
  2. You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.
  3. You hereby expressly consent to receive communications from Us through Your registered phone number and/or Original ID. You consent to be contacted by Us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a viConstaparktion of Your registration on the national do not call registry.
  4. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
  5. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You on the public forum due to Your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application, or from the Application on other social platforms (including Facebook etc).


20. Notices and Communication

  1. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
  2. Attn: Team Constapark Share
  3. Address: Kodikas Technology Private Limited 3rd Floor, Salarpuria Towers (Tower I), No 22, Hosur Main Road, 6th Block, Koramangala, Bangalore - 560095,Karnataka, India
  4. E-mail: team@constapark.com
  5. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
  6. You will be subject to Our T&Cs and privacy policy

21. Indemnity and Limitation of Liability

  1. You will defend, indemnify and hold harmless Constapark, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services or any Constapark of these T&Cs.
  2. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
  3. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE SITE. IN NO EVENT SHALL Constapark BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1000/- (RUPESS ONE THOUSAND ONLY).


22. Force Majeure

  1. We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
  2. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Constapark.


23. Copyright complaint

We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement, You can write to Us at team@constapark.com.



24. Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.


25. Revision of T&Cs

  1. We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Application and We may send You an automated e-mail to Your Original ID informing about the changes made.
  2. Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Application or using Our Services immediately.
  3. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

26. Customer Grievance Redressal Policy

  1. If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer support team@constapark.com
  2. The procedure of escalation of complaints shall be as follows:
  3. Escalation Level – 1: Write to Team Constapark Share
  4. Address: Kodikas Technology Private Limited 3rd Floor, Salarpuria Towers (Tower I), No 22, Hosur Main Road, 6th Block, Koramangala, Bangalore - 560095,Karnataka, India
  5. E-mail: team@constapark.com
  6. Response Time: 72 hours

27. Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.


28. Governing Law and Dispute Resolution

  1. Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Constapark as Constapark may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
  2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Bengaluru.
  3. This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause 29, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Bengaluru, India only.


Constapark : Parking On Rent


These terms and conditions (“T&Cs”) apply to Your access to, and use of the Application (defined hereinbelow). The Application is operated by Kodikas Technology Private Limited ,and its subsidiaries, associates, licensees, and affiliated companies of Kodikas Technology Private Limited’s. “Kodikas”

You acknowledge that Kodikas is providing you with a revocable license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By continuing usage of the Application, You are consenting to be bound by these T&Cs. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND Kodikas Technology Private Limited IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.


DEFINITIONS

All of the defined and capitalized terms in these T&Cs will have the Kodikas Technology Private Limited assigned to them here below:

  • “Account” refers to the User’s account on the mobile application Constapark enabling the use of the Application by the User.
  • “Parking on Rent” Space allotted to the Constapark user for stipulated amount of time based on subscription (3, 6, 12 or custom package) chosen at specific location within the city of operation.
  • “Vendor” Parking space provider who runs/ manages/ owns parking space.
  • “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.
  • “Application” shall mean the feature/category-icon “Parking on Rent/ Overnight Parking” within the mobile application “Constapark” and shall mean and include any updates provided by Kodikas Technology Private Limited from time to time.
  • “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by Kodikas Technology Private Limited from time to time, provided by the Users at the time of registration on the mobile application Constapark or otherwise.
  • “Subscription” Parking is package duration of 3, 6 and 12 months
  • “Onboarding” When parking is allocated at particular location, is chosen and all documents are verified and submitted to our executive, after which a payment link will be sent across.
  • “Vehicle” shall mean a motorcar as defined under the Motor Vehicles Act, 1988, which is owned and registered in the name of the user.
  • "You", “Your" or “Yourself” shall mean reference to the User accessing the Application.
  • “Website” shall mean www.constapark.com that is the domain owned and controlled by Kodikas Technology Private Limited.


1. Interpretation

  1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
  2. Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
  3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Kodikas Technology Private Limited will, unless repugnant to the context, include its affiliates, successors and permitted assignees.


2. Eligibility

  1. You will be "Eligible" to use the Application only when You fulfill all of the following conditions:
    1. You have attained at least 18 (eighteen) years of age.
    2. You are competent to enter into a contract under the Applicable Laws.
    3. You have no criminal antecedents and have never been convicted of any criminal offence in India.
    4. You do not have any criminal proceedings pending against You in any courts in India.
    5. You shall submit requisite documents during the onboarding process.
  2. You may avail the services on the Application only if You fulfill the conditions as mentioned in 3.1.1 to 3.1.4 above. If You are not Eligible, please abandon any and all attempts to register or use the Application. By continuing usage of the Application, you represent and warrant to Kodikas Technology Private Limited that you satisfy the eligibility criteria listed above in clause 3.1.
  3. To use the Application You shall be required to update your User profile with details as requested at the time of sign up which may include without limitation personal information as well as personal login information and vehicle details.
  4. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Application is not Eligible to use the same. Kodikas Technology Private Limited shall not be responsible for any authenticity of the information provided by the User for use of the Application.
  5. You shall not impersonate someone else or provide account information, an email address, mobile number, vehicle details or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect information provided by You.
  6. It is Your responsibility to check and ensure that You download the correct Application for Your device. We are not liable if You do not have a compatible mobile device or if You have not downloaded the updated version or if You have downloaded a wrong version of the Application for Your mobile device.
  7. You will not assign or otherwise transfer Your Account to any third party.
  8. n case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In the event of such unauthorized use, please immediately reach Us at team@constapark.com.
  9. In case, You are unable to access Your Account, please inform Us at team@constapark.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account except in case of Force Majeure events which are beyond Our reasonable control.


3. Booking process

  1. The use of this service is available only to those who are competent to contract according to the laws of the Republic of India. In order to make full use of the service, the user is required to create an account on the website by providing contact details including but not limited to name, address, phone number, etc.
  2. Choose the package (3, 6 & 12 months subscription) and location on the app book your visit to see the location once you confirm the you need to update relevant document (Driver Licence, residential address proof local/permanent, Office id or letter from HR, and car ownership documents).
  3. Security deposit will be changed in the beginning which is refundable ones subscription is closed
  4. Rent is accepted in advance and billing cycle is of 30 days.
  5. Payment made after a week (7 days) of payment link is generated and fine of INR 200 will be levied.
  6. All payments shall be made using app. No cash, cheque is accepted.
  7. The Application shall through technologically automated means connect parking vendor and customer.
  8. Kodikas Technology Private Limited shall share the necessary details of the Customer with the other party for security reasons.
  9. Only car registred with Constapark will given parking space to park non registered vehicles will not be allowed strictly, in case unauthorised parking is found action based on parking protocol.


4. Non-Commercial Activity

  1. The purpose of the Application is strictly limited to facilitating sharing parking. The Application shall under no circumstances be used to offer or accept parking on rent services for hire or reward or profit or any commercial or professional benefit. The Application is only a mediator platform intended to connect user with vendors.
  2. You agree not to demand any reward or make profit in any form. Ones you book parking on rent subscription.
  3. You shall not offer any services whatsoever including without limitation package deliveries, Sub Letting or offering parking other than your vehicle you have taken parking space.
  4. You shall not run any form of commercial activity from parking lot.


5. User's Obligations

  1. You may place a request with respect to parking on rent only through the Application.
  2. You understand and undertake that the use of the Application is only for Your exclusive purpose. You shall not be allowed to offer/request/accept rides on behalf of others under any circumstances whatsoever.
  3. You are expected not to change parking location ones you book the location.
  4. You are expected to (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with each other, or in any other manner adversely affecting the quality of the service.
  5. You are expected not to use foul language at parking premises.
  6. You are expected not to share Your personal information with parking vendor or or assistants. You are expected to avoid getting personal or overtly friendly with each other.
  7. You are expected not to consume eatables (including alcohol or any other intoxicating beverages) at the parking lot.
  8. You are expected to keep Your belongings with You only.
  9. You shall not carry your pets or any other animals to the parking lot.
  10. Women Users are advised to use their own prudence while parking at late night or isolated corners
  11. Follow the rules of parking lot and Kodikas Technology private limited is not responsible for any damage or in case theft.
  12. You shall not cause any hindrance, obstruction, nuisance or in any way affecting the other occupants of the said parking lot or premises.
  13. The you shall keep the Parking Space Tidy, clean, in order and keep the same in good and tenantable condition.
  14. The you should not have any unlawful activities within the Premises.
  15. Kodikas Technology private limited shall not be liable for any loss, damage that occurs to the User/Customer, his/her vehicle, or any other party including but not limited to the property and employees/staff of the Parking Space Provider, that occur during the use of the service.
  16. The Kodikas Technology Private Limited shall not be liable or responsible for damage, theft or loss to possessions of items left in your vehicle The Kodikas Technology Private Limited shall not be responsible for any damage to your vehicle, whether or not such damage is caused by other vehicle(s) or person(s) in the parking lot and surrounding area.
  17. The you shall not make any Oil Changes or engine work performed in said parking garage/space. Emergency car work for tire change or battery change will be permitted. You are responsible for lawful disposal of tires or batteries (NOT IN DUMPSTER).
  18. GASOLINE, OTHER THAN IN THE NORMAL SINGLE AUTO FUEL TANK, shall not be stored in the storage area or parking space by the you.
  19. The you will be responsible for any damage to the building or the concrete pavement and in the event of any losses the same will be setreate or compensated to the parking lot manager or owner.


6. Privacy, Security and Terms of Use

  1. We will take every reasonable effort not to share any of personal details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement vehicle parking related instructions We receive from You. Please read Our privacy policy (available www.constapark.com) for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.
  2. You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.
  3. You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail ID. You consent to be contacted by Us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
  4. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
  5. You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of the Application, or any other customer of Kodikas Technology Private Limited, including any of Kodikas Technology Private Limited account not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application.
  6. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Kodikas Technology Private Limited systems or networks, or any systems or networks connected to the Application.
  7. You may not forge headers or otherwise Kodikas Technology Private Limited identifiers in order to disguise the origin of any message or transmittal. You send to Kodikas Technology Private Limited on or through the Application or any service offered on or through the Application. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Application or any content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of Kodikas Technology Private Limited or others.
  9. You shall not use the Application in any manner that could damage, disable, overburden, block or impair any of the server connected to the Application. You may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
  10. You may not reverse engineer, decompile and disassemble any software used to provide the services on the Application.
  11. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Kodikas Technology Private Limited or the brand name or domain name used by Kodikas Technology Private Limited or otherwise engage in any conduct or action that might tarnish the image or reputation, of Kodikas Technology Private Limited or its merchants/vendors on platform or otherwise tarnish or dilute any of Kodikas Technology Private Limited trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Kodikas Technology Private Limited.
  12. You shall not engage in advertising to, or solicitation of, other Users of the Application to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Application. It shall be a viConstaparktion of these T&Cs to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Application without Kodikas Technology Private Limited prior explicit consent. In order to protect Kodikas Technology Private Limited Users from such advertising or solicitation, Kodikas Technology Private Limited reserves the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which Kodikas Technology Private Limited may deem appropriate in its sole discretion.
  13. You understand that Kodikas Technology Private Limited has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Kodikas Technology Private Limited can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as Kodikas Technology Private Limited, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  14. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application.
  15. Kodikas Technology Private Limited shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  16. Constapark is a mere platform that facilitates the reservation of parking spots between the Customer and the Parking Vendor. We make every effort to provide accurate and correct information regarding the parking spots listed on the website/App. However, the decision to use the information provided on the website regarding the parking spots and their availability is solely that of the Customer.


7. CHARGES AND AVAILABILITY

  1. Billing will be based on billing cycle (4/05/2016 - 4/06/2016 in case of month with 31 days it will be adjusted)
  2. Billing cycle is of 30 days.
  3. Security amount will be refunded ones subscription is closed, after payment gateway fee of 1.9% + Sevice tax, deduction.
  4. Deduction rate subject to change as those are terms governed by payment gateway provider, we will update it as an when rates change.
  5. Late payment - all payment are charged in advance. You have 7 days from the day invoice is generated to remit payment in case payment is not updated Rs 100 as fine will be added.


8. CANCELLATION/REFUND POLICY

In of case package cancellation amount will be refunded after cutting admin charges and number of days parking used for.



9. WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED BY US, IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

  1. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  2. MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.


10. Intellectual Property

  1. All trademarks, brands and service marks used in connection with the Application and/or feature(s) offered are owned by Kodikas Technology Private Limited and is Kodikas Technology Private Limited property; Kodikas Technology Private Limited owns all copyrights and intellectual property rights and database rights in connection with the Application. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.
  2. You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any viConstaparktions of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the interface/Application.
  3. Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
  4. You may use information that has been made available by Us for downloading from the Application, provided You:
    1. do not remove any proprietary notice language in all copies of such documents; or
    2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
    3. make no modifications to any such information; or
    4. do not make any additional representations or warranties relating to such documents.


11. Termination and Suspension of the Account

  1. We reserve the right to modify, terminate or suspend the Application at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever.
  2. You may terminate Your Account by submitting a request to Us at team@constapark.com We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all activities that occurred prior to termination of Your Account.
  3. Further, We shall also reserve the right to suspend Your Account without any notice to You in the event Kodikas Technology Private Limited suspects that Your account is being used in a manner so as to cause nuisance or prejudice Kodikas Technology Private Limited or any other persons in a fraudulent manner.


12. Limitation of Liability & Indemnity

  1. All or any direct or indirect liability arising out of or in connection with the parking and/or as a consequence of misuse of the application, delays caused to a User, losses (financial and otherwise), injury or death occurring during the parking shall be the sole responsibility of the Users. Kodikas Technology Private Limited shall not be a party to any dispute and/or claims arising in connection with the parking offered and availed through the Application. It is re-iterated here that Kodikas Technology Private Limited is acting merely as a facilitator and is not privy to any contract / agreement amongst and between the Users. Further, any loss to a User or any other person caused due to reasons such as fraudulent practices, negligence, impersonation, rash & negligent driving, traffic rules violation of any User shall in no manner, whatsoever, make Kodikas Technology Private Limited liable and the same shall be the sole responsibility of the concerned User.
  2. You will defend, indemnify and hold harmless Kodikas Technology Private Limited, each of its affiliate(s) (and its respective employees, directors, agents and representatives) and any person determined by Kodikas Technology Private Limited from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to the use or misuse of the Application or any viConstaparktion of these T&Cs. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL Kodikas Technology Private Limited BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T&Cs, INCLUDING LOSS , ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1000/- (RUPEES ONE THOUSAND ONLY).



13. Disclaimers

  1. Except for Our limited role as facilitator of parking space between you (customer) and vendor, We are not involved in any understanding between You and any other User or other third parties. We shall not be liable for the quality, safety, reliability, legality, delivery or any other related or connect matter with the parking resulting from parking on rent.
  2. Your use of the Application is at Your own risk. The Application and/or its features are provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Application, including the availability or otherwise of the features forming part of the Application at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the foregoing paragraph, We do not warrant that:
    1. This Application will be constantly available, or available at all; or
    2. The information on this Application is complete, true, accurate or non-misleading; or
    3. This Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
    4. Content on the Application constitutes, or is meant to constitute, advice of any kind;
  3. Kodikas Technology Private Limited shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User/s and it’s vehicle arising out of parking resulting from parking on rent subscription including but not limited to any direct, indirect, incidental, punitive, and consequential damages. Parking, and any claim resulting from the same, requested through the Application, remains the responsibility of the respective Users against whom the claim is made and Kodikas Technology Private Limited shall not be liable for any conduct of any of the Users using the Application.
  4. Kodikas Technology Private Limited is not responsible for the conduct, whether online or offline, of any User of the Application. You are solely responsible for Your interactions with other Users, whether user parking in same premises or vendor. You acknowledge that Kodikas Technology Private Limited is not responsible for the acts or omissions of any User whatsoever.
  5. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any such statement of warranty as a warranty by Us.
  6. Kodikas Technology Private Limited and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Application, or Your reliance upon the information contained in the Application (whether arising from Kodikas Technology Private Limited or any other person's negligence or otherwise).


14. Notices and communication

  1. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
  2. Attn: Team Parking on Rent
  3. Address:Kodikas Technology Private Limited, 3rd Floor, Salarpuria Towers (Tower I), No 22, Hosur Main Road, 6th Block, Koramangala, Bangalore - 560095, Karnataka, India
  4. E-mail: team@constapark.com
  5. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
  6. You will be subject to Our T&Cs and privacy policy.


15. Force Majeure

  1. We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
  2. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Kodikas Technology Private Limited.


16. Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to the Application or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.



17. Amendment of T&Cs

  1. We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or any features attached to the Application, at any time and at Our sole discretion. Any changes will be effective upon posting of the amendments/modifications on the Application and We may send You an automated e-mail to Your email-ID informing about such changes.
  2. Unless otherwise specified by Us, amended T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use the Application or any features attached to it, You will be deemed to have agreed to accept and be bound by such amended T&Cs. If You do not agree to the amended T&Cs, You should discontinue accessing Our Application and/or its features immediately. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application and related features.


18. Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.



19. Entire Agreement

These T&Cs constitute the entire agreement between the User and Kodikas Technology Private Limited with respect to Kodikas Technology Private Limited services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Kodikas Technology Private Limited with respect to this service. A printed version of the T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



20. Governing Law and Dispute Resolution

  1. Any dispute, controversy or claim arising out or in connection with the use of the Application and/or its features or relating to these T&Cs and interpretations thereof or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Kodikas Technology Private Limited as Kodikas Technology Private Limited may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the User.
  2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Bangalore.
  3. These T&Cs shall be governed by and construed in accordance with the laws of India. We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Bangalore, India only.

Constapark Terms and Conditions

This [Site/ Application/ Services] is/are [operated /provided] by Kodikas Technology Private Limited .

These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Constapark IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.Constapark.com/privicy-policy



Constapark : Self Parking model



DEFINITIONS

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

  • “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Constapark.
  • “Constapark” Product (app/website) of Kodikas Technology Private Limited which offers parking services and in the document Constapark and Kodikas Technology interchangeably.
  • “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
  • “Application” shall mean the mobile application “Constapark” updated by Constapark from time to time.
  • “City of Operation” shall mean a city in which the Customers and Vendor avail and render the parking services respectively. For clarity, the services rendered by the Vendor and availed by the Customers shall be in the same city.
  • “Customer/ You” means a person who has an Account on the Application.
  • “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Constapark.
  • “Constapark” or “us” shall mean Kodikas Technology Private Limited , a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Kodikas Technology Private Limited, 3rd Floor, Salarpuria Towers (Tower I), No 22, Hosur Main Road, 6th Block, Koramangal Bangalore - 560095,Karnataka, India , which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
  • “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Constapark from the Customer from time to time for registration on the Application.
  • “Self Parking” “Service(s)” means the facilitation of parking service by Constapark through the Application
  • “Site” shall mean the Application and the website operated by Constapark or any other software that enables the use of the Application or such other URL as may be specifically provided by Constapark.
  • “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
  • “Vehicle” shall mean a motorcar or motor cab as defined under the Motor Vehicles Act, 1988.


1. ELIGIBILITY

You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

  1. You have attained at least 18 (eighteen) years of age.
  2. You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.


2. REGISTRATION AND ACCOUNT

  1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
  2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
  3. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account can not be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
  4. You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id. You may, upon availing or attempting to avail the Services, receive messages in Your mobile phone from Constapark regarding the details of your parking.
  5. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
  6. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Constapark does not want You to, and You should not, send any confidential or proprietary information to Constapark on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Use You agree that any information or materials that You or individuals acting on Your behalf provide to Constapark other than the Permitted Information will not be considered confidential or proprietary. Constapark will use the Permitted Information in accordance with the Privacy Policy posted on the Site.
  7. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
  8. We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach us at team@constapark.com.
  9. In case, You are unable to access Your Account, please inform Us at team@constapark.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.


3. SERVICES

  1. Constapark offers information and a means to obtain parking services offered by the vendors, which may be requested through phone, via call centre, Site, the use of Application or through any other channel made available by Constapark for ‘booking’ purposes. Our Services are available in regions set out in Bangalore. Constapark will store the information provided or record your calls for contacting You for all Service related matters. You may promptly inform Constapark on any change in the information provided by You.
  2. Presently Constapark does not charge any fee Self Parking Service thereof. However, in the event Constapark decides to impose any such fee, whether for the use of the Site or Application on the whole or some limited features therein, it shall be notified to You by email, a message on Your registered phone number or on the Site. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised fee term by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Site/ Application.


4. HOW TO USE THE SERVICE

  1. The Self park Service allows You to choose nearest parking space/lot through Constapark and the application will only guide to your selected parking location. Fare breakup can be vary than what application shows.
  2. Constapark do not guarantee you parking every time you application parking space is subject to availability.
  3. By using the Application or the Service, You further agree that:
  4. You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
  5. You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
  6. You will not use the Service or Site for unlawful purposes;
  7. You will not try to harm the Service, Site or our network in any way whatsoever;
  8. You will provide Constapark with such information and documents which Constapark may reasonably request;
  9. You will only use an authorized network to avail of the Service;
  10. You are aware that when requesting Services, whether by message, via Site, calling the call centre of Constapark, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
  11. You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
  12. You are aware of and shall comply with the Information Technology Act, 2000 and the rules, reguConstapark reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.lations and guidelines notified thereunder.
  13. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email or failure to inform Constapark of the incorrect details immediately.


5. PAYMENT

You may choose to pay for the parking services by either of the following method:

  1. Cash payment: Cash payment towards the parking can be made to the parking vendor directly. Constapark’s application do not facilitate parking payments as of now.
  2. Parking fee is regulated by vendor and all are payments are subject the tariff decided by vendor, before parking your vehicle do check the tariff information.
  3. Parking fee may vary from location to location and we cannot guarantee any standard price.
  4. We are only guiding you to the parking this cannot be considered as booking, parking will be offered on first come first basis and at discretion vendor.


6. USER Constapark OF USER TERMS

You shall not smoke and drink in the Vehicles or misbehave with the parking attendants/assistants or act in viConstaparktion of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the parking space and tell you move vehicle out of parking lot. In the event You fail to pay fine we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be.



7. CUSTOMER RELATIONSHIP MANAGEMENT

  1. All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us through email address mentioned on the Site or Application.
  2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
  3. Any issue reported on channels other than the above may be addressed by Constapark only on a best-effort basis. Constapark takes no liability for inability to get back on other channels.
  4. Constapark shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it within 10 (ten) working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Constapark shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.


8.FORCE MAJEURE

We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.



9. INDEMNIFICATION

By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Constapark and their affiliates, their licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Valets/Driver, Parking Vendor \or (c) Your use or misuse of the Application or Service.



10. LIABILITY

  1. The information, recommendations and/or Services provided to You on or through the Site, the Application and by our call centre are for general information purposes only and does not constitute advice. Constapark will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
  2. Constapark shall not be liable for missing trains/flights/events or delays etc as the Service is dependent on many factors not in our control. You must book Constapark by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
  3. In the event, there is a delay by the Vehicle in the reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Constapark shall only endeavour to get You in touch with the valet/driver assigned for pickup.
  4. Constapark shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Site or Application, unless such damage is the result of any wilful misconduct or forms gross negligence on the part of Constapark.
  5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the valet on demand, Constapark will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
  6. Constapark does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
  7. Constapark shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Constapark. Constapark will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
  8. IN NO EVENT SHALL Constapark BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Constapark OR ANY OF Constapark’ SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
  9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Constapark’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY.
  10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Constapark shall be the minimum permitted under Applicable Law.


11. APPLICATION LICENSE

  1. Subject to Your compliance with these User Terms, Constapark grants You a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
  2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
  3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in viConstaparktion of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or viConstaparktive of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
  4. Constapark will have the right to investigate and prosecute viConstaparktions of any of the above to the fullest extent of the law. Constapark may involve and cooperate with law enforcement authorities in prosecuting users who viConstaparkte these User Terms. You acknowledge that Constapark has no obligation to monitor Your access to or use of the Site, Service or Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. Constapark reserves the right, at any time and without prior notice, to remove or disable access to any content that Constapark, at its sole discretion, considers to be in viConstaparktion of these User Terms or otherwise harmful to the Site, the Service or Application.


12. CONTENT POSTED BY CUSTOMERS

  1. Constapark can accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Constapark shall not in any manner be responsible for or endorse the Posted Content.
  2. You agree that when posting Posted Content, You will not:
    1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
    2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
    3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
    4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
    5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
    6. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
    7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    8. Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
    9. Restrict or inhibit any other user from using and enjoying the Site.
    10. Constaparkte any code of conduct or other guidelines which may be applicable for any particular Posted Content.
    11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    12. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    13. Constaparkte any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.


13. INTELLECTUAL PROPERTY OWNERSHIP

  1. Constapark alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
    1. the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
    2. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
    3. other information provided by You or any other party relating to the Site, Application or the Service.
  2. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
  3. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Constapark. You shall be solely responsible for any viConstaparktions of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
  4. You may use information on the Site purposely made available by Us for downloading from the Site, provided that You:
    1. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
    2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
    3. do not make any additional representations or warranties relating to such information.


14. LINKS

We welcome links to this Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Constapark trademarks or service marks or any Content belonging to Constapark and appearing on the Site, including any logos or characters, without Our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without Our prior written consent.



15. TERM AND TERMINATION OF LICENSE AGREEMENT

  1. Unless terminated in accordance with this Clause, the agreement between Constapark and You is perpetual in nature upon downloading the Application and for each booking in any other mode.
  2. You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the Service. You can close Your user account at any time by following the instructions on the Site.
  3. Constapark is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violation or breach any term of these User Terms, or (b) in the opinion of Constapark, misuse the Application or the Service. Constapark is not obliged to give notice of the termination of the agreement in advance. After termination Constapark will give notice thereof in accordance with these User Terms.
  4. Termination of this agreement will not prejudice accrued rights of either Constapark or You.
  5. Clauses 09 (Indemnification), 10 (Liability), 11.d (Application License), 12 (Contents posted on Site/ Application ), 13 (Intellectual Property Ownership), 15 (Term and Termination), 19 (Notice) and 21 (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.


16. INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.



17. CONFLICT

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Constapark, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.



18. MODIFICATION OF THE SERVICE AND USER TERMS

Constapark reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Service or Application at any time by posting a notice on the Site or by sending You notice in accordance with Clause 19 below. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised terms by You.



19. NOTICE

  1. Constapark may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Constapark’s account information.
  2. You may contact Constapark by electronic mail at Our email address team@constapark.com or by written communication sent by regular mail to Our address at Kodikas Technology Private Limited, 3rd Floor, Salarpuria Towers (Tower I), No 22, Hosur Main Road, 6th Block, Koramangala, Bangalore - 560095, Karnataka, India


20. ASSIGNMENT

You may not assign Your rights under these User Terms without prior written approval of Constapark. Constapark can assign its rights under the User Terms to any affiliate.



21. APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) will be subject to the exclusive jurisdiction of courts in Bangalore, India.