Terms and Conditions of use

Introduction

Please read these terms and conditions carefully before using http://www.parkatmyhouse.com and it's subdomains (“the Website”) operated by Park at my House.com Limited (“the Company”) company number 05956777.

By registering your details with the Website or using any services provided by the Company (“the Services”) in any way, you (“the User” or “you”) agree to be bound by the following terms and conditions (“the Terms and Conditions").

You must read and accept all the Terms and Conditions. If you do not accept all the Terms and Conditions you must leave the Website and no longer use or access the Website.

The Company may amend or terminate the Services from time to time for any reason, without notice, including but not limited to, the right to terminate with or without notice, with no liability to the User any other User or any third party. The Company also maintains the right to amend these Terms and Conditions from time to time without notice. All amendments will be binding upon existing Users therefore Users are advised to review these Terms and Conditions on a regular basis.

1. Membership Eligibility.

Our services are not available to, and may not be used by, persons under the age of 17 years or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms and Conditions you represent that you have the authority to bind that business entity to these Terms and Conditions.

2. Registered User Identification

2.1 - When a User registers with the Website the User will submit their name, unique username, email address and password. The Website will then issue the User with a User identification number, which together with the unique email and password makes up the Registration Details.

2.2 - It is the responsibility of the User to keep his Registration Details safe and confidential.

2.3 - The User has no right to disclose his Registration Details to anybody else. Further to this the User accepts that any breach of any third party rights resulting from your prohibited disclosure or negligent safe keeping of Registration Details which then result in any liability of any nature whatsoever shall be the sole liability of the User.

3. Liability

3.1 - All Users, whether parking space owners or parking space users hereby release the Website, the Company and its officers, directors, agents, affiliates, parents, subsidiaries, investors and employees from all claims, liability, demands, damages (actual, special, direct, indirect and consequential), losses, costs and expenses, all legal fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any arrangements the User may have made.

3.2 - The User is wholly responsible for completing all transactions participated in (including but not limited to monitoring the status and complying with all relevant legal obligations). The Website does not, control, endorse, approve or check the availability of the parking space or accuracy of the information provided regarding the parking spaces listed through the Website. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

3.3 - For the avoidance of doubt it is hereby made clear that the Company does not control the information provided by other Users, which is made available through the Website.

3.4 - The Company does not accept liability for any loss or damage of any nature arising directly or indirectly as a result of any User acting or refraining from acting as a result of using either the various precedent parking agreements (together “the Precedent Agreements) provided on the Website from time to time. Users are advised that the Precedent Agreements are to be used as a guide only and are not drafted for any specific purpose or User.

4. Information submitted the User

4.1 - By submitting any material to the Website, the User automatically grants the Company a royalty free, perpetual, irrevocable, exclusive right and licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The User acknowledges that the Company is not obliged to publish any material submitted by the User.

4.2 - The User must be legally permitted to advertise the parking space on the Website. It is the responsibility of the User to investigate the legality of licensing the car park space.

4.3 The User must describe his parking space and all terms of the licence on the listing page of the Website (“User Information”). The listings may include text descriptions, graphics, pictures and other content relevant to leasing the car space. All listed items must be listed in an appropriate category.

4.4 Without limiting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion, suspend or terminate your account if the Company suspect that you have engaged in fraudulent activity in connection with the Website and the service provided. The Company may also use its sole discretion to remove and subsequently ban the car parking spaces listed by the User.

5. User Information

5.1 - "User Information" is defined as any information you provide to the Website or other Users in the listing process, in any public message area (including the contact or the feedback area) or through any email feature as run by the Website from time to time. User Information includes the descriptions of car parking space and owners contact details that are displayed on the Website as well as any content the User may post on the Website. The User is solely responsible for User Information and the Website acts as a passive conveyer of User Information

5.2 - The User’s Information (including but not limited to any car parking space listed) and activities on the Website must not:

5.2.1 - be false, inaccurate or misleading;

5.2.2 - be fraudulent in nature;

5.2.3 - be in breach of any law, statute, ordinance or regulation;

5.2.4 - be offensive or menacing, abusive, defamatory, trade libelous, unlawfully threatening or unlawfully harassing, obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.

5.2.5 - breach copyright, confidentiality, or any other rights, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;

5.2.6 - contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

5.2.7 - create liability for the Company or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

6 The Users Use of Other Users' Information

6.1 - As a means to facilitate the licensing of car parking spaces, the Company permits the User limited access to other Users' contact information contained on the Website. By accepting these Terms and Conditions, the User agrees that, with respect to other Users' personally identifiable information that you obtain through the Website or through a Website communication or Website facilitated transaction; you may only use such information for:

6.1.1 - Website related communications that are not unsolicited commercial messages and relate to your genuine participation in a Website facilitated transaction;

6.1.2 - using services offered through the Website (e.g. escrow, insurance, postal and fraud complaints);

6.1.3 - any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, can you disclose personally identifiable information about another User to any third party without our consent and the consent of such other user after adequate disclosure, and

6.2 - The Company does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website.

7. Breach.

In the event that the User breaches these Terms and Conditions the Company has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of the User’s listed parking spaces and refuse to provide any of the Services to the User without notice to the User for any of the following reasons:

7.1.1 - the User breaches these Terms and Conditions;

7.1.2 -if the Company are unable to verify or authenticate the User Information provided to us to our satisfaction;

7.1.3 - if the Company believe that the User’s actions may cause the Website legal liability or financial loss; or

7.1.4 - if the Company in its sole discretion believes it is in the best interest of the Website and other Users.

8. Privacy

The Website has a Privacy Policy which is hereby inferred into these Terms and Conditions. Therefore it is necessary that the User read and agree to the Privacy Policy prior to accepting these Terms and Conditions. Read the Privacy Policy in full by clicking here.

9. Copyright and Monitoring

The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

10. No Warranty

The Company does not guarantee continuous, uninterrupted or secure access to the Website, and the Website may be interfered with factors outside the control of the Company. To the fullest extent permitted by law the Company excludes all implied warranties, conditions and other terms, whether implied or by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. This may not apply to Users in certain jurisdictions that do not allow the disclaimer of implied warranties.

11. Third Party Right

The Terms and Conditions and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.

12. Entire Agreement

These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.

13. Governing Law and Jurisdiction

These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with English law. The parties irrevocably agree that the English courts have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions any documents referred to in them.

14. No Agency

Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.

15. Mediation

If any dispute arises in connection with the Terms and Conditions, the parties will attempt to settle it by mediation as agreed between the Parties. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.

16. Fees

Registering on ParkatmyHouse.com, listing a space and making an offer for a space is free, although you will remain responsible for the costs of accessing and using the Site (internet access, electricity, etc.).

By using our site and engaging in communication with other ParkatmyHouse.com users, 'Space Owners' and 'Parkers' agree to declare the amounts paid or received for a particular parking space for each given month on request by ParkatmyHouse.com. Refusal to do so or a fraudulant declaration may lead to your account being suspended or terminated.

The fee payable to ParkatmyHouse.com for successful rentals is an ongoing 10% charge on the total amount received for each parking space. This fee is payable within fourteen days of receipt of our online invoice. An additional $0.25 administration charge is added to each invoice payment.

Our fee for successful sales is 5% of the total amount received for the parking space. Once an enquiry is made, we will assign a real estate agent to handle the transaction and take you through the entire process. This service is included in the 5% fee. This fee is payable within 7 days of receiving our invoice which will only be issued after the sale has been completed.

We may change this policy at any time, and any change will be effective at the point of posting the new terms and conditions on this page. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service and you will be notified as soon as you login to your account.

Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Queries

If you have any questions or queries regarding any of the services or products featured please contact us