Terms & Conditions of Go Park Easy Mobility Pvt. Ltd.

1. Acceptance of Terms

By accessing and using Go Park Easy Mobility Pvt. Ltd. ("Go Park Easy", "Company", "we", "us", or "our") website, application and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Website Usage Terms

You may use our website for lawful purposes only. You agree not to use the website:

• in any way that violates any applicable federal, state, local, or international law or regulation;
• to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
• to impersonate or attempt to impersonate Go Park Easy Mobility Pvt. Ltd., a Go Park Easy employee, another user, or any other person or entity;
• in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful; or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website.

3. Service Description

Go Park Easy provides an online platform that connects parking space owners with individuals seeking parking spaces. We facilitate the booking and payment process but do not own, operate, or control the parking spaces listed on our platform.

3.1 Nature of Agreement: License Only, No Bailment

The relationship established between the User (parking seeker) and the Space Owner, facilitated by Go Park Easy, is strictly a license for the User to enter and occupy a specific, designated parking space for a fixed period. The consideration paid by the User is solely for the grant of this limited license and the use of the Go Park Easy facilitation service.

The User retains full custody, control, and responsibility for their vehicle and its contents at all times. This Agreement does not create, and shall not be construed to create, a Contract of Bailment under Section 148 of the Indian Contract Act, 1872, or any other governing statute. Go Park Easy and the Space Owner are not warehousemen or custodians, and they accept no duty or liability for the safety, security, or storage of the vehicle or personal effects left within it.

4. User Accounts

To use certain features of our service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5. Payment Terms

All payments for parking space bookings are processed through our secure payment gateway partner. By making a payment, you agree to:

• provide current, complete, and accurate billing and payment information;
• promptly update all information to keep your billing account current and complete;
• pay all charges incurred by you at the prices in effect when such charges are incurred; and
• pay all applicable taxes relating to your use of the service.

5.5 Pay at Your Own Risk and Insurance Payment Disclaimer

By proceeding with any payment on the Go Park Easy platform, including booking fees or optional insurance premiums, the user acknowledges and agrees that all transactions are made entirely at their own risk. Go Park Easy facilitates payments through third-party payment gateways and shall not be responsible for any payment failures, delays, chargebacks, or unauthorized transactions arising due to network issues, technical errors, or user negligence.

Users are advised to verify all details before confirming payment. The processing of any optional insurance premium does not imply any assumption of risk, liability, or custodial duty by Go Park Easy for the vehicle or the policy's performance.

6. Cancellation and Refund Policy

Cancellation by Users:

• Cancellations made more than 24 hours before the booking start time result in a full refund minus the processing fee.
• Cancellations made 12-24 hours before the booking start time result in a 50% refund.
• Cancellations made less than 12 hours before the booking start time result in no refund.

Cancellation by Space Owners:

• If a space owner cancels a confirmed booking, users will receive a full refund.
• Space owners who repeatedly cancel bookings may have their accounts suspended or terminated.

7. User Responsibilities

For Parking Seekers:

• Arrive and depart within the booked time slot.
• Park only in the designated space.
• Follow all parking rules and regulations of the space.
• Report any damages or issues immediately.
• Maintain valid vehicle insurance and registration.

For Space Owners:

• Ensure the parking space is available during booked times.
• Provide accurate descriptions and photos of the space.
• Maintain the space in a safe and accessible condition.
• Comply with all local laws and regulations regarding parking space rental.
• Respond promptly to user inquiries and issues.

7.6 User Acknowledgment

Users acknowledge that Go Park Easy functions only as an intermediary platform and not as the owner, operator, or manager of parking premises. The Company shall not be held liable for any personal injury, theft, damage, or loss incurred during the use of parking spaces listed through the platform.

7.7 Space Owner Representations and Warranties

7.7 Space Owner Representations and Warranties

By listing a parking space, the Space Owner hereby represents and warrants to Go Park Easy that:

• (a) The Space Owner has the requisite legal authority and clear title, whether fee simple or otherwise permissible, to grant a license for the use of the designated parking space.
• (b) The execution and performance of this Agreement, including the listing and licensing of the space, does not violate any covenants, restrictions, prior agreements, or encumbrances affecting the property.
• (c) The parking space and its use comply fully with all applicable laws, rules, regulations, codes, and ordinances of all governmental (or quasi-governmental) authorities having jurisdiction, including but not limited to local zoning requirements, building codes, and the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA).
• (d) The space is ready for use, and its use by the User pursuant to the license granted herein is legally permitted.

Breach of any representation or warranty in this Section 7.7 shall constitute a material breach of these Terms, subjecting the Space Owner to account suspension or termination and triggering their obligation to indemnify the Company under Section 10.

8. Intellectual Property

The service and its original content, features, and functionality are and will remain the exclusive property of Go Park Easy and its licensors. The service is protected by copyright, trademark, and other laws of India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Go Park Easy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content
• Any disputes between users or between users and space owners
• Any damage to vehicles or property while using parking spaces booked through our platform

Limitation Cap and Exceptions:

Notwithstanding the foregoing, the Company's total cumulative liability for any and all claims, damages, losses, or causes of action arising out of or related to these Terms shall in no event exceed the total amount of service fees paid by the User to Go Park Easy in the twelve (12) months immediately preceding the event giving rise to the claim. This limitation of liability shall not apply to liabilities arising from (i) the Company's fraud, (ii) its willful misconduct, or (iii) its gross negligence.

9.7 Assumption of Risk

The user expressly understands and agrees that parking activities, including but not limited to vehicle movement, entry, and exit, are undertaken entirely at the user's own risk. Go Park Easy does not guarantee the safety, condition, or security of any parking space or vehicle parked therein. Users are solely responsible for ensuring their vehicle's safety, insurance coverage, and compliance with applicable laws.

9.8 Park at Your Own Risk & Insurance Disclaimer

• (a) Users acknowledge and agree that parking their vehicle through the Go Park Easy platform is done entirely at their own risk. Go Park Easy does not own, operate, or manage any parking facility and, pursuant to Section 3.1 (No Bailment), assumes no responsibility for any loss, theft, damage, fire, accident, or third-party act affecting the user's vehicle or property.
• (b) Go Park Easy provides users the option to purchase or enable parking insurance coverage through affiliated insurance partners listed on the platform. This coverage is entirely voluntary, and the terms, limits, and exclusions of such insurance policies shall be governed solely by the insurance provider's policy document.
• (c) In the event that the user does not select or activate such insurance coverage, Go Park Easy shall bear no liability whatsoever for any direct or indirect losses or damages to the vehicle or property.
• (d) For users who opt for insurance, all claims, settlements, and disputes arising from such coverage shall be handled exclusively by the affiliated insurance company, and Go Park Easy shall not be a party to any claim, investigation, or compensation process.
• (e) The role of Go Park Easy is limited to facilitating the connection between users and insurers through its platform interface. Users are advised to review insurance terms carefully before opting in.

10. Indemnification

You agree to defend, indemnify, and hold harmless Go Park Easy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of (i) your use and access of the Service, (ii) a breach of these Terms, or (iii) any breach of the representations and warranties made by you in Section 7.7 (if applicable).

11. Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions or the use of our services shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in Mumbai, Maharashtra, India.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

14. Contact Information and Compliance

14.1 General Contact

If you have any general questions about these Terms and Conditions, please contact us at:

14.2 Mandatory Compliance Contacts (IT Rules, 2021)

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company has designated the following personnel, who shall be residents in India, for compliance purposes:

14.3 Grievance Redressal Mechanism Summary

Users or victims may direct any complaint regarding a violation of these rules or other matters pertaining to the computer resources made available by the Company to the Resident Grievance Officer (RGO). Upon receipt of a complaint, the Company commits to achieving resolution and communicating the decision to the complainant within thirty (30) days.

Any person aggrieved by the decision of the RGO may prefer an appeal to the Grievance Appellate Committee (GAC) within thirty (30) days of receipt of communication from the RGO.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.