TERMS AND CONDITIONS

ParkMate - Terms of Use – July 2021

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.ParkMate.in website and ParkMate application for mobile and handheld devices.

Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.ParkMate.com (the "Website") and our "ParkMate" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with ParkMate and you signify your acceptance to this Terms of Use and other ParkMate policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by ParkMate Smart Parking Solutions Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at F-5, Ram Ganga Vihar, Phase-1, MDA colony, Moradabad, Uttar Pradesh, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "ParkMate", "we", "us" or "our" shall mean ParkMate Smart Parking Solutions Private Limited.
Your use of the Website and services offered by ParkMate are governed by these terms of use ("Terms of Use") and other applicable agreement and policies which incorporated herein by way of reference (“ParkMate Policies"). Please read these terms carefully before using or registering on the Website or accessing any material information or availing services through the Website. If you do not agree with these Terms of Use, please do not use the Website or avail any services being offered through mobile application/Website. If you use or transact on the Website, You shall be subject to the policies that are applicable to the mobile application/Website for such use or transaction.
ParkMate enables transactions on its Platform between participating valets and customers, dealing in (a) valet parking of cars, (b) payment of parking ticket fees, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can book a valet (for pick-up and delivery of customer’s owned car, to and from a parking space respectively). ParkMate enables delivery of such services or completion of Tasks at select localities of New Delhi-NCR region ("On Demand Valet Services") by connecting our car parking valets i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, ParkMate is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.

>PDPs are individuals engaged with ParkMate on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. ParkMate does not exercise control on the PDPs and the relationship between the PDPs and ParkMate is not that of an agent and principal or employee and employer.

For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

6. Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other ParkMate policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other ParkMate policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other ParkMate policies. As long as you comply with these Terms of Use, ParkMate grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and ParkMate policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

7. Use of Platform and Services

1. All commercial/contractual terms are offered by and agreed to between

Buyers and ParkMate alone with respect to services being offered by the ParkMate. The commercial/contractual terms include without limitation price, applicable taxes, payment terms, date, period and mode of delivery of services, safeties related to services and after sales services related to the services. ParkMate does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and PDPs. ParkMate may, however, offer support services to PDPs in respect to Service fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by ParkMate with the PDPs. The price of the product and services offered by ParkMate are determined by the ParkMate itself.

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Buyers and PDPs. ParkMate does not make any representation or warranty as to the itemspecifics (such as legal title, creditworthiness, identity, etc.) of any of the PDPs, except their background checks, vaccination status and medical health status.
ParkMate does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Buyers.
ParkMate is not responsible for any non-performance or breach of any contract entered into between Buyers and PDP on the Platform. ParkMate cannot and does not guarantee that the concerned Buyers and PDPs will perform any transaction concluded on the Platform. ParkMate is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of services being unavailable or back ordered.
ParkMate is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and PDP on the Platform come into or take possession of any of the products or services offered by a PDP. At no time shall ParkMate hold any right, title or interest over the services nor shall ParkMate have any obligations or liabilities in respect of such contract entered into between Buyer and PDP.

Similar to the above, ParkMate is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Buyers on the Platform as it is merely facilitating Car Parking pick-up and Delivery Services by connecting the Buyers with the PDP through the Platform. In case of complaints by the Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, ParkMate shall notify the same to the PDP and also assist Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

10. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

11. ParkMate - Use of the Website and Apps (Android and iOS)

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

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
1. belongs to another person and which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is misleading or misrepresentative in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. infringes upon or violates 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 rights of publicity;
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, ParkMate's prior written consent means a communication coming from ParkMate's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
19. harm minors in any way;
20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonate another person;
24. 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 information;
25. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
26. is false, inaccurate or misleading;
27. directly or indirectly, offers, attempts to offer, trades or attempts 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
28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'ParkMate', or otherwise engage in any conduct or action that might tarnish the image or reputation, of ParkMate or Merchant on platform or otherwise tarnish or dilute any ParkMate's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ParkMate's systems or networks, or any systems or networks connected to ParkMate.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
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 Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of ParkMate and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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 Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. 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 Platform) 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, 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.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. ParkMate shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect ParkMate views. In no event shall ParkMate assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which 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 libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such 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 advertisers on the Platform.
It is possible that other users (including unauthorized users or

'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, 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 Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

ParkMate 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

8. Account Registration

You may access the Platform by registering to join by logging into your account with an OTP. As part of the future functionality of the Platform services, you may link your ParkMate Account with Third Party Accounts, by either:
1. providing your Third Party Account login information to us through the Platform; or
2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your ParkMate Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your ParkMate Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your ParkMate Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one ParkMate Account and are not permitted to create multiple accounts. ParkMate reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your ParkMate Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other ParkMate policies.
You are responsible for safeguarding your login information. You agree that you will not disclose your Login OTP to any third party and that you will take sole responsibility for any activities or actions under your ParkMate Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your ParkMate Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

9. Order Booking and Financial Terms

The Platform allows the Buyers to Book a Valet for car parking only and upon acceptance of such Orders by PDPs, ParkMate will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
ParkMate does not own, sell, resell on its own such products or the related services provided in connection thereof. Buyer understands that any service request that he/she places shall be subject to the terms and conditions set

out in these Terms of Use including, but not limited to, availability of PDPs, delivery location serviceability, and acceptance by PDPs.

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to unavailability or change in Order or traffic congestion as informed by the PDP. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that ParkMate reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by ParkMate is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, ParkMate is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that ParkMate acts as the PDP’s payment agent for the limited purpose of accepting payments from Buyers on behalf of the PDP, as the case may be. Upon your payment of amounts to us, which are due to the PDP, your payment obligation to the PDP for such amounts is completed, and we are responsible for remitting such amounts to the PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
Buyer agrees to pay for the total amount for the Order placed on the Platform. ParkMate will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the listing of parking ticket fee for a particular Parking Operator, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
The prices reflected on the Platform, including parking ticket fee, valet charges and convenience charges, are determined solely by the Parking operators and ParkMate and are listed based on Parking ticket information. Very rarely, prices may change at the time of placing Order due to Parking Operators changing the price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

>Disclaimer: Prices on any parking ticket(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Parking Operators be incorrectly reflected and in such an event the settlement will be made on confirmation of such an issue, only.

13. The ParkMate shall be solely responsible for any damages/theft of the buyer’s/customer’s car if the damages/theft will be done while the car was with the PDP while parking or at parking only for vehicles having valid car insurance. ParkMate will not be liable for any damages or theft if the buyer’s/customer’s car will not be covered under a valid car insurance.

10. Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

11. Terms of service

The Buyer agrees and acknowledges that ParkMate shall not be responsible for:
1. The availability or unavailability of valets in an area;
2. The Parking Contractors serving the incorrect amount; or
The details of the parking ticket made uploaded on the Platform with respect to parking ticket fees are based on the information provided by the Parking Operators and ParkMate shall not be responsible for any changes or unavailability.
Buyers agree and acknowledge that ParkMate is not responsible for any liability arising out of delay/unavailability of valet services provided by PDP to them.
Buyers may not be able to avail Services if their delivery location is outside ParkMate’s current scope of Service. ParkMate will keep the Buyer informed of the same at the time of confirming his/her Order booking.
Buyer understands that valet’s arrival and delivery time quoted at the time of confirming the Order is just an approximate estimate and may vary based on the information obtained from PDPs. ParkMate will not be responsible for any delay in the pick-up and delivery of buyer’s/customer’s car.
Buyer’s Order for valet pick-up and drop will be only delivered only to the location designated by him/her at the time of Booking a valet and at the time of delivering the car through ‘Get my car’ option, on the Platform. Buyer’s Booking will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of ParkMate.
The Buyer shall undertake to provide adequate directions, information and authorisations to accept pick-up and delivery. In the event of no pick-up or delivery due to any act or omission attributable to Buyer, the services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
The Buyer understands that ParkMate’s (including Merchant’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.

Services provided:
1. You agree and acknowledge that ParkMate shall not be liable in the event you have failed to adhere to the Terms of Use.
2. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
ParkMate does not offer any refunds against services already purchased from a PDP through the Platform unless an error that is directly attributable to ParkMate has occurred during the purchase of such services.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant PDPs.

12. No Endorsement

We will not be responsible for any damage or harm resulting from your interactions with any third party or other Members while the booking was made.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

13. General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and ParkMate policies, you shall immediately discontinue its use. ParkMate reserves the right to terminate your Membership and / or deny access to the platform if it is brought to ParkMate's notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, passwords/OTPs and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select location in New Delhi-NCR, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside our serviceable locations, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select locations. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and ParkMate policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to ParkMate to receive promotional SMS and e-mails from ParkMate or allied partners. In case you wish to opt out of receiving promotional SMS or email please send an e-mail to contactus@ParkMate.in .
By using the Platform you represent and warrant that:
1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
5. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contactus@ParkMate.in.
6. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
7. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
8. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
9. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.
10. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
11. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
12. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
  1. any part of the Platform or the Platform software; or
  2. any equipment or any network on which the Platform is stored or any equipment of any third party

8. You release and fully indemnify ParkMate and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, ParkMate cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

18. Access to the Platform, Accuracy and security

We endeavour to make the Services available during PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

19. Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and ParkMate only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not

in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

20. Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC

DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS

INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE

SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE

CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE

PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH

SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO

FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER,

YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY

REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S

SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH

SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR

RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY

YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY

RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PDP’S SERVICES.

PARKMATE DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED

TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT

DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS

BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL

QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER

INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE

ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND

/ OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION

REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY,

EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA

FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED

HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY

BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE

JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO

USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN

CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY

ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR

INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED

ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES,

AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,

WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL

INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST

DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED

BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. Intellectual property

We are either the owner of intellectual property rights or have the nonexclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that ParkMate is the registered owner of the word >ParkMate’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or ParkMate’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brandprotection@ParkMate.in with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

22. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

23. Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

24. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

25. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

26. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

27. IP Notice and Take Down Policy

ParkMate has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

Note: ParkMate does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, ParkMate is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to ParkMate.

28. Contact Us

Please contact us at contactus@ParkMate.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Mr. Dhananjaya Bharadwaj

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

Email: grievances@ParkMate.in

Time: Monday - Friday (9:00 - 18:00)

31. Notice and Take Down Policy Template and Procedures

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with ParkMate, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
1. Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ParkMate to locate the material;
3. Information reasonably sufficient to permit ParkMate to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
5. The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
6. Sign the document with either your physical or electronic signature; and
7. Send the written communication to: Email to grievances@ParkMate.in
Format of notice of infringement:

To,

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ (" IP Owner").
I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.
I may be contacted at:

Name_______________________________________________________

_____________________

Designation/Title &

Company____________________________________________________ _____

Postal Address (with Pin

code)_______________________________________________________

Email Address

(correspondence)______________________________________________ _________

Telephone/Fax________________________________________________

_____________________

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct. Declared by < >______________________________

on < > ___________________________________ at < > ________

Truthfully,

Signature ________________________

>(Important Note: (a) ParkMate shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) ParkMate shall not consider an incomplete request. (c) ParkMate's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our Platform, please visit https://www.ParkMate.IN/terms-and-conditions

PRIVACY POLICY

This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at ParkMate.com, or the ParkMate mobile application (collectively, “ParkMate Platform”) made available by Bundl Technologies Private Limited (“ParkMate”,

“Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at F-5 Ram Ganga Vihar, Phase-1, MDA Colony, Moradabad, Uttar Pradesh-244001, India.

The terms “you” and “your” refer to the user of the ParkMate Platforms. The term “Services” refers to any services offered by ParkMate whether on the ParkMate Platform or otherwise.

Please read this Policy before using the ParkMate Platform or submitting any personal information to ParkMate. This Policy is a part of and incorporated within, and is to be read along with, the Terms of Use.

YOUR CONSENT

By using the ParkMate Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the ParkMate Platform.

POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the ParkMate Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

LINKS TO OTHER WEBSITES

The ParkMate Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. ParkMate shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the ParkMate Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

INFORMATION WE COLLECT FROM YOU

Device Information: In order to improve your app experience and lend stability to our services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the ParkMate Platform;

COOKIES

Our ParkMate Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

Authenticating users;
Remembering user preferences and settings;
Determining the popularity of content;
Delivering and measuring the effectiveness of advertising campaigns;
Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.

A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the ParkMate Platform and use our Services, as well as when you visit other online sites and services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

USES OF YOUR INFORMATION

• We use the information we collect for following purposes, including:

i. To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your

ParkMate account; ii. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;

To administer and enhance the security of our ParkMate Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services;
To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries;
To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;
To allow you to participate in interactive features of our Services, if any; or
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
to carry out academic research with academic partners.

We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.

We analyse the log files of our ParkMate Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION

We may share your information that we collect for following purposes:

With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us.
With PDPs: While you place a request to book a car parking valet through the ParkMate Platform, your information is provided to us and to the PDPs with whom you may choose to get your car parked. In order to facilitate your online valet processing, we provide your information to that PDPs in a similar manner as if you had made a given your car directly to a parking valet in a hotel/restaurant/other places which offer exclusive car parking valet services. If you provide a mobile phone number, ParkMate may send you text messages regarding your booking, offers and new updates.
With Academic Partners: We may share your information with our academic partners for the purpose of carrying out academic research.
For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:
Obligated under the applicable laws or in good faith to respond to court orders and processes; or
Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;
Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;
Under a duty to disclose or share your personal data in order to enforce our Terms of

Use and other agreements, policies or to protect the rights, property, or safety of the Company, our customers, or others, or in the event of a claim or dispute relating to your use of our Services. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.

For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.
With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the ParkMate Platform and on thirdparty websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.

While you cannot opt out of advertising on the ParkMate Platform, you may opt out of much interest-based advertising on third party sites and through third party ad networks (including DoubleClick Ad Exchange, Facebook Audience Network and Google AdSense). For more information, visit www.aboutads.info/choices. Opting out means that you will no longer receive personalized ads by third parties ad networks from which you have opted out, which is based on your browsing information across multiple sites and online services. If you delete cookies or change devices, your opt out may no longer be effective. § To fulfil the purpose for which you provide it.

We may share your information other than as described in this Policy if we notify you and you consent to the sharing.

DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the ParkMate Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.

Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the ParkMate Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.

OPT-OUT

When you sign up for an account, you are opting in to receive emails from ParkMate.

You can log in to manage your email preferences [here] or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from ParkMate.

If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy, please write to us at contactus@ParkMate.in. Please note that we may take time to process such requests, and your request shall take effect no later than 5 (Five) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.

GRIEVANCE OFFICER AND PARKMATE PLATFORM SECURITY

If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at contactus@ParkMate.in or write to our Grievance Officer at the following address:

ParkMate Grievance Officer

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

If you come across any abuse or violation of the Policy, please report to grievances@ParkMate.in

Further, please note that the ParkMate Platform stores your data with the cloud platform of Heroku and Amazon Web Services, which may store this data on their servers located outside of India. Amazon Web Services has security measures in place to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com/. The privacy policy adopted by Amazon Web Services are detailed in https://aws.amazon.com/privacy. In the event you have questions or concerns about the security measures adopted by Amazon Web Services, you can contact their data protection / privacy team / legal team or designated the grievance officer at these organisations, whose contact details are available in its privacy policy, or can also write to our Grievance Officer at the address provided above.

2021

Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.ParkMate.com (the "Website") and our "ParkMate" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with ParkMate and you signify your acceptance to this Terms of Use and other ParkMate policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by ParkMate Smart Parking Solutions Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at F-5, Ram Ganga Vihar, Phase-1, MDA colony, Moradabad, Uttar Pradesh, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "ParkMate", "we", "us" or "our" shall mean ParkMate Smart Parking Solutions Private Limited.
Your use of the Website and services offered by ParkMate are governed by these terms of use ("Terms of Use") and other applicable agreement and policies which incorporated herein by way of reference (“ParkMate Policies"). Please read these terms carefully before using or registering on the Website or accessing any material information or availing services through the Website. If you do not agree with these Terms of Use, please do not use the Website or avail any services being offered through mobile application/Website. If you use or transact on the Website, You shall be subject to the policies that are applicable to the mobile application/Website for such use or transaction.
ParkMate enables transactions on its Platform between participating valets and customers, dealing in (a) valet parking of cars, (b) payment of parking ticket fees, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can book a valet (for pick-up and delivery of customer’s owned car, to and from a parking space respectively). ParkMate enables delivery of such services or completion of Tasks at select localities of New Delhi-NCR region ("On Demand Valet Services") by connecting our car parking valets i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, ParkMate is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.

For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

6. Amendments

7. Use of Platform and Services

1. All commercial/contractual terms are offered by and agreed to between

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Buyers and PDPs. ParkMate does not make any representation or warranty as to the itemspecifics (such as legal title, creditworthiness, identity, etc.) of any of the PDPs, except their background checks, vaccination status and medical health status.
ParkMate does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Buyers.
ParkMate is not responsible for any non-performance or breach of any contract entered into between Buyers and PDP on the Platform. ParkMate cannot and does not guarantee that the concerned Buyers and PDPs will perform any transaction concluded on the Platform. ParkMate is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of services being unavailable or back ordered.
ParkMate is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and PDP on the Platform come into or take possession of any of the products or services offered by a PDP. At no time shall ParkMate hold any right, title or interest over the services nor shall ParkMate have any obligations or liabilities in respect of such contract entered into between Buyer and PDP.

Similar to the above, ParkMate is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Buyers on the Platform as it is merely facilitating Car Parking pick-up and Delivery Services by connecting the Buyers with the PDP through the Platform. In case of complaints by the Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, ParkMate shall notify the same to the PDP and also assist Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

10. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

11. ParkMate - Use of the Website and Apps (Android and iOS)

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

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
1. belongs to another person and which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is misleading or misrepresentative in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. infringes upon or violates 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 rights of publicity;
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, ParkMate's prior written consent means a communication coming from ParkMate's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
19. harm minors in any way;
20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonate another person;
24. 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 information;
25. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
26. is false, inaccurate or misleading;
27. directly or indirectly, offers, attempts to offer, trades or attempts 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
28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'ParkMate', or otherwise engage in any conduct or action that might tarnish the image or reputation, of ParkMate or Merchant on platform or otherwise tarnish or dilute any ParkMate's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ParkMate's systems or networks, or any systems or networks connected to ParkMate.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
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 Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of ParkMate and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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 Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. 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 Platform) 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, 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.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. ParkMate shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect ParkMate views. In no event shall ParkMate assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which 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 libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such 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 advertisers on the Platform.
It is possible that other users (including unauthorized users or

ParkMate 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

8. Account Registration

You may access the Platform by registering to join by logging into your account with an OTP. As part of the future functionality of the Platform services, you may link your ParkMate Account with Third Party Accounts, by either:
1. providing your Third Party Account login information to us through the Platform; or
2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your ParkMate Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your ParkMate Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your ParkMate Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one ParkMate Account and are not permitted to create multiple accounts. ParkMate reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your ParkMate Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other ParkMate policies.
You are responsible for safeguarding your login information. You agree that you will not disclose your Login OTP to any third party and that you will take sole responsibility for any activities or actions under your ParkMate Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your ParkMate Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

9. Order Booking and Financial Terms

The Platform allows the Buyers to Book a Valet for car parking only and upon acceptance of such Orders by PDPs, ParkMate will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
ParkMate does not own, sell, resell on its own such products or the related services provided in connection thereof. Buyer understands that any service request that he/she places shall be subject to the terms and conditions set

out in these Terms of Use including, but not limited to, availability of PDPs, delivery location serviceability, and acceptance by PDPs.

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to unavailability or change in Order or traffic congestion as informed by the PDP. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that ParkMate reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by ParkMate is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, ParkMate is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that ParkMate acts as the PDP’s payment agent for the limited purpose of accepting payments from Buyers on behalf of the PDP, as the case may be. Upon your payment of amounts to us, which are due to the PDP, your payment obligation to the PDP for such amounts is completed, and we are responsible for remitting such amounts to the PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
Buyer agrees to pay for the total amount for the Order placed on the Platform. ParkMate will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the listing of parking ticket fee for a particular Parking Operator, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
The prices reflected on the Platform, including parking ticket fee, valet charges and convenience charges, are determined solely by the Parking operators and ParkMate and are listed based on Parking ticket information. Very rarely, prices may change at the time of placing Order due to Parking Operators changing the price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

10. Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

11. Terms of service

The Buyer agrees and acknowledges that ParkMate shall not be responsible for:
1. The availability or unavailability of valets in an area;
2. The Parking Contractors serving the incorrect amount; or
The details of the parking ticket made uploaded on the Platform with respect to parking ticket fees are based on the information provided by the Parking Operators and ParkMate shall not be responsible for any changes or unavailability.
Buyers agree and acknowledge that ParkMate is not responsible for any liability arising out of delay/unavailability of valet services provided by PDP to them.
Buyers may not be able to avail Services if their delivery location is outside ParkMate’s current scope of Service. ParkMate will keep the Buyer informed of the same at the time of confirming his/her Order booking.
Buyer understands that valet’s arrival and delivery time quoted at the time of confirming the Order is just an approximate estimate and may vary based on the information obtained from PDPs. ParkMate will not be responsible for any delay in the pick-up and delivery of buyer’s/customer’s car.
Buyer’s Order for valet pick-up and drop will be only delivered only to the location designated by him/her at the time of Booking a valet and at the time of delivering the car through ‘Get my car’ option, on the Platform. Buyer’s Booking will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of ParkMate.
The Buyer shall undertake to provide adequate directions, information and authorisations to accept pick-up and delivery. In the event of no pick-up or delivery due to any act or omission attributable to Buyer, the services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
The Buyer understands that ParkMate’s (including Merchant’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.

Services provided:
1. You agree and acknowledge that ParkMate shall not be liable in the event you have failed to adhere to the Terms of Use.
2. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
ParkMate does not offer any refunds against services already purchased from a PDP through the Platform unless an error that is directly attributable to ParkMate has occurred during the purchase of such services.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant PDPs.

12. No Endorsement

We will not be responsible for any damage or harm resulting from your interactions with any third party or other Members while the booking was made.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

13. General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and ParkMate policies, you shall immediately discontinue its use. ParkMate reserves the right to terminate your Membership and / or deny access to the platform if it is brought to ParkMate's notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, passwords/OTPs and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select location in New Delhi-NCR, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside our serviceable locations, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select locations. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and ParkMate policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to ParkMate to receive promotional SMS and e-mails from ParkMate or allied partners. In case you wish to opt out of receiving promotional SMS or email please send an e-mail to contactus@ParkMate.in .
By using the Platform you represent and warrant that:
1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
5. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contactus@ParkMate.in.
6. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
7. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
8. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
9. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.
10. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
11. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
12. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
  1. any part of the Platform or the Platform software; or
  2. any equipment or any network on which the Platform is stored or any equipment of any third party

18. Access to the Platform, Accuracy and security

We endeavour to make the Services available during PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

19. Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and ParkMate only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not

in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

20. Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC

DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS

INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE

SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE

CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE

PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH

SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO

FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER,

YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY

REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S

SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH

SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR

RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY

YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY

RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PDP’S SERVICES.

PARKMATE DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED

TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT

DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS

BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL

QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER

INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE

ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND

/ OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION

REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY,

EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA

FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED

HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY

BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE

JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO

USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN

CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY

ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR

INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED

ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES,

AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,

WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL

INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST

DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED

BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. Intellectual property

We are either the owner of intellectual property rights or have the nonexclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that ParkMate is the registered owner of the word >ParkMate’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or ParkMate’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brandprotection@ParkMate.in with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

22. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

23. Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

24. Severability

25. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

26. Governing law and dispute resolution

27. IP Notice and Take Down Policy

ParkMate has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

Note: ParkMate does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, ParkMate is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to ParkMate.

28. Contact Us

Please contact us at contactus@ParkMate.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Grievance Officer/Nodal Officer

Mr. Dhananjaya Bharadwaj

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

Email: grievances@ParkMate.in

Time: Monday - Friday (9:00 - 18:00)

31. Notice and Take Down Policy Template and Procedures

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with ParkMate, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
1. Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ParkMate to locate the material;
3. Information reasonably sufficient to permit ParkMate to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
5. The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
6. Sign the document with either your physical or electronic signature; and
7. Send the written communication to: Email to grievances@ParkMate.in
Format of notice of infringement:

To,

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ (" IP Owner").
I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.
I may be contacted at:

Name_______________________________________________________

_____________________

Designation/Title &

Company____________________________________________________ _____

Postal Address (with Pin

code)_______________________________________________________

Email Address

(correspondence)______________________________________________ _________

Telephone/Fax________________________________________________

_____________________

on < > ___________________________________ at < > ________

Truthfully,

Signature ________________________

PRIVACY POLICY

The terms “you” and “your” refer to the user of the ParkMate Platforms. The term “Services” refers to any services offered by ParkMate whether on the ParkMate Platform or otherwise.

YOUR CONSENT

POLICY CHANGES

LINKS TO OTHER WEBSITES

INFORMATION WE COLLECT FROM YOU

COOKIES

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

Authenticating users;
Remembering user preferences and settings;
Determining the popularity of content;
Delivering and measuring the effectiveness of advertising campaigns;
Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

USES OF YOUR INFORMATION

• We use the information we collect for following purposes, including:

i. To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your

ParkMate account; ii. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;

To administer and enhance the security of our ParkMate Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services;
To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries;
To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;
To allow you to participate in interactive features of our Services, if any; or
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
to carry out academic research with academic partners.

DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION

We may share your information that we collect for following purposes:

With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us.
With PDPs: While you place a request to book a car parking valet through the ParkMate Platform, your information is provided to us and to the PDPs with whom you may choose to get your car parked. In order to facilitate your online valet processing, we provide your information to that PDPs in a similar manner as if you had made a given your car directly to a parking valet in a hotel/restaurant/other places which offer exclusive car parking valet services. If you provide a mobile phone number, ParkMate may send you text messages regarding your booking, offers and new updates.
With Academic Partners: We may share your information with our academic partners for the purpose of carrying out academic research.
For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:
Obligated under the applicable laws or in good faith to respond to court orders and processes; or
Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;
Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;
Under a duty to disclose or share your personal data in order to enforce our Terms of

For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.
With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the ParkMate Platform and on thirdparty websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.

We may share your information other than as described in this Policy if we notify you and you consent to the sharing.

DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

OPT-OUT

When you sign up for an account, you are opting in to receive emails from ParkMate.

GRIEVANCE OFFICER AND PARKMATE PLATFORM SECURITY

ParkMate Grievance Officer

ParkMate Smart Parking Solutions Private Limited

Reg Office: F-5 Ram Ganga Vihar,

Phase-1, MDA Colony,

Moradabad, Uttar Pradesh-244001, India

Phone: +91 - 9910803169

If you come across any abuse or violation of the Policy, please report to grievances@ParkMate.in