Last update: January 12, 2017
These general terms and conditions (“Conditions”) regulate the access or use that the individuals (the “User” or “you”) make of the website http://arriv.io (“Website) and/or the electronic application called ARRIV.IO (“App”), as well as of its contents, products and services (the “Services”) made available, through such platforms, by MYPARKINGAPP, INC. (“the Company”) with domicile in [2711 Centerville Road, Suite 400, Wilmington, DE 19808].
To access and use the Website and/or the App, you must be of legal age (18 years). When you use the Website and/or the App, you acknowledge being of legal age.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. Relationship between the Company and the User.
With the access and use of the Services, the User accepts being legally bound by these Conditions which constitute a contractual relationship between you and the Company. If you do not accept these Terms and Conditions, you may not access or use the Services. These Conditions expressly supersede any prior agreement or commitment with the User. The Company may terminate these Conditions or any of the Services with regard to you immediately or, in general, stop offering or denying access to the Services or any part of them, at any time and for any reason without any liability whatsoever.
In the same manner, the Company may amend these Terms and Conditions when it is deemed necessary for the proper operation of the Services. The amendments shall enter into force immediately after their publication in this location. The access to or use of the Services after such publication constitutes the consent of the User to be bound by the Conditions and their amendments.
2. Provision of Services.
The Services that are offered through the Website and/or App to the Users by the Company consist of a technological platform that enables Users to locate parking spaces by areas, perform automatic payments for the service rates of the parking spaces that the User uses, which are charged to the payment method that the User chooses from those vendors with which the Company has an agreement, as well as any other service or products that the Company makes available to the User at the Website and/or the App. The Services are made available only for personal, and not commercial use of the User. The User acknowledges that the Company does not provide parking or similar services, since such services are provided by the parking space companies independently, therefore the User shall not submit any claim whatsoever for the loss, theft or damage to his/her vehicle, his/her belongings or to his/her person that happens in the parking lot, and the User shall adhere to the policies, regulations, standards and similar provisions, of each parking lot.
In order to provide the Services correctly, you instruct and empower the Company to process, on your account any amounts received from you in order to pay them to the relevant vendors. By accessing or using the Services, the Users agree to acknowledge and deem the payments that the Company performs at its own expense, as if they had been made directly by the User.
The Company may provide the Services directly or indirectly, and the Company is expressly authorized subcontract one or more companies. The User acknowledges and accepts that such companies, upon instructions of the Company, shall be in charge of administrating the transactions or operations that are carried out as a result of the Services, such administration shall be carried out pursuant to the agreements executed between such companies and/or aggregators and the Company, and between aggregators, such as PayPal and the User.
The Users acknowledge and agree: (A) that the Company, while providing the Services, shall be relying on the legal infrastructure and technology infrastructure of third parties, from both legal entities and individuals, who in turn provide their services based on the substitute infrastructure, devices, systems and/or applications of credit institutions with which they have executed agreements and which enable it to receive and process the transactions that are made and charged to the credit, or debit cards, or both, of the User; or (b) that the failures or errors at the moment of receiving and processing the transactions of the User may not be attributable to the Company. The Company shall make reasonable efforts to ensure that the payment processing companies that provide services to the Company are in compliance with the applicable laws.
The Services may be made available or be accessible in relation to services and third party content (including advertising) that the Company does not control. You acknowledge that different conditions and privacy policies may apply to your use of such third party services and content. The Company does not endorse such services and content of third parties and in no event shall be liable for any product or service of such third party vendors.
The Services are provided “as such” and “as available”. The Company waives any implied or statutory representation and warranty, not expressly established in these Conditions, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, the Company makes no representations nor does it provide any warranty regarding the reliability, quality, suitability or availability of the services requested through the use of the Services, or that the Services will not be interrupted or will be free of errors. The Company does not guarantee the quality, suitability, security or skills of third party vendors. You agree that any risk arising from your use of the Services and any service or good requested in connection with the same shall be solely yours.
3. Consideration for the Services.
The User accepts that he/she is solely responsible for paying the parking lot the consideration resulting from the parking service and that the relationship he/she has with the operator and/or owner of the parking lot is not governed by these Conditions.
In addition to the charges that the User pays to the operator and/or owner, the User agrees to pay the Company a consideration for the use of the Services that the company offers to the User through the APP. This consideration shall be informed by the Company in the receipt it issues for such purposes after the transaction.
All charges are expressed in the currency of the country in which the transaction takes place.
Once you obtain your receipt or voucher, you may request the tax receipt or invoice corresponding to the service charge. Pursuant to the applicable tax legislation, such receipt or invoice shall expressly and separately establish the value-added tax applicable to the service charge. For this purpose, you must click on the Contact button, which will contain the option of requesting an electronic invoice and enter the relevant information. The tax receipt or invoice shall be sent to the email address indicated by the User once the relevant payment process is finalized.
4. Identity of the User.
When you create an account on the Website or on the App, our platform will link your identity to your User name and to the security password that you will choose and that only you must know and for whose use only you shall be responsible. In this manner, your password is associated with your identity and profile within the Platform. You will only be able to perform transactions if you entered the Website or to the App by using your secret password. In terms of the provisions contained in the Code of Commerce (Código de Comercio), the use of this password enables us to identify you in the digital environment and to link the acts and transactions that you make in the platform to you. The company is entitled: (i) to assume that data messages associated to your electronic signature or account come from the User linked to such signature and/or account and to act in consequence of the received message (e.g. process his/her payments); and (ii) to assume that the data message that you send, corresponds expressly to what you intended to send.
In this regard, an account holder will be considered the individual whose identity is linked to the email address that is assigned by an email service provider (e.g. Yahoo!, Google, etc.). In the event that the User uses a social network account (e.g. Facebook, Twitter, etc.) the account holder shall be considered the individual to whom the service provider of the social network has assigned such account, in terms of the policies of each social network.
5. Intellectual property.
The Company is the legitimate owner of all rights, titles and interest in and to intellectual property contained in or related to the Website and the App, therefore you agree not to use or copy any part of the same without our express permission.
The user license that the Company grants the User, only authorizes him/her to use the Website and/or App to locate parking spaces by areas, perform automatic payments for the service rates of the parking spaces that the User uses, which are charged to the payment method that the User chooses from those vendors with which the Company has an agreement, as well as any other service or products that the Company makes available to the User at the Website and/or the App.
6. Safety measures.
The Company reserves the right to take unilateral actions (including deleting, deactivating or disabling the account of any User or disabling his/her password at any time) when such actions are necessary to maintain the security of the Website and/or the App and/or the accounts of other Users. Furthermore, the Company may request additional information on you from companies that support the Company in the fraud prevention and investigation processes, in order to evaluate if the Company shall or not authorize or cancel a transaction.
The Company has adopted technical, physical and administrative security measures to protect your account, the Website, the App and other information and contents of the platform; however, the Company cannot protect the User information outside the platform.
7. Applicable law.
For the interpretation and enforcement of these Conditions, the parties agree to submit themselves to the laws of the state of Delaware, United States of America and its competent courts. The parties expressly waive any other current or future jurisdiction that by reason of their current or future domiciles may correspond to them. Such submission shall not affect your rights if you are considered as a consumer and the relevant law protects you in certain matters.
8. Other provisions.
The fact that the Company does not enforce any right established in the documents referred to in the preceding paragraph, in its entirety or partially, shall not be construed as a waiver of such right. Any waiver of rights made by the Company shall be evidenced in writing.
The Company may give notices through an email sent to the email address of the User or to his/her account that identifies him/her within the platform included information provided to register on the platform.
Contact and Notices for Doubts and/or Clarification
MYPARKINGAPP, INC. with domicile in [2711 Centerville Road, Suite 400, Wilmington, DE 19808], email [firstname.lastname@example.org].