Please read these Payments Terms of Service (“Payments Terms”) carefully as they
contain
important information about your legal rights, remedies and obligations. By using the
Payment
Services, you agree to comply with and be bound by these Payments Terms of Service.
PLEASE NOTE: These Payments Terms are subject to an arbitration agreement and
class
action waiver, as fully set forth in Paragraph R of the PARKED Terms of Service and
Conditions (“PARKED Terms”). By accepting these Payments Terms of Service, you agree
to
be bound by this arbitration clause and class action waiver. PLEASE READ IT
CAREFULLY.
These Payments Terms constitute a legally binding agreement (“Agreement”)
between you and
PARKED governing the Payment Services (defined below) conducted through or in connection
with the PARKED Marketplace.
When these Payments Terms mention “PARKED,” “we,” “us,” or
“our,” it refers to PARKED,
LLC.
The PARKED Terms separately govern your use of the PARKED Platform Marketplace. All
capitalized terms have the meaning set forth in the PARKED Terms unless otherwise
defined in
these Payments Terms.
Our collection and use of personal information in connection with your access to and use of
the
Payment Services is described in PARKED’s Privacy Policy.
“Payout” means a payment initiated by PARKED to a Parker for services (such
as Booking Fee)
performed in connection with the PARKED Marketplace.
“Payment Method” means a financial instrument that you have added to your
PARKED
Account, such as a credit card, debit card, or PayPal account for issuing
payments.
“Payout Method” means a financial instrument that you have added to your
PARKED Account,
such as a PayPal account or a debit card (where available), for accepting payouts.
PARKED reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the PARKED Platform Marketplace and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the PARKED you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 Verification. You authorize PARKED, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service Lotters, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Airbnb Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.1 In order to use the Payment Services, you must have a PARKED Account in good standing. If you or PARKED closes your PARKED Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your PARKED Account in accordance with the PARKED Terms. You acknowledge and agree that anyone you authorize to use your PARKED Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6.1 When you add a Payment Method or Payout Method to your PARKED Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to PARKED or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times
6.2 When you add or use a new Payment Method, PARKED may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your PARKED Account so it can be used for a future transaction.
6.3 To verify your Payout Method, PARKED may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service Lotters. These service Lotters may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and PARKED is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject Pg. 4 of 12 PARKED Payments Terms of Service to additional terms and conditions imposed by the applicable thirdparty payment service Lotter; please review these terms and conditions before using your Payment Method or Payout Method.
6.5 You authorize PARKED to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your PARKED Account.
6.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. PARKED is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
Generally speaking, PARKED will collect the Total Fees from a Spotter at the time the Spotter’s booking request is accepted by the Lotter, or at any other time mutually agreed between the Spotter and PARKED.
8.1 You authorize PARKED to charge your Payment Method the Total Fees for any booking requested in connection with your PARKED Account. PARKED will collect the Total Fees in the manner agreed between you and PARKED via the PARKED Marketplace. PARKED will generally collect the Total Fees after the Lotter accepts your booking request. PARKED may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the PARKED Platform Marketplace and included Pg. 5 of 12 PARKED Payments Terms of Service in the Total Fees, and you agree to pay such fees by selecting the payment option. If PARKED is unable to collect the Total Fees as scheduled, PARKED will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
8.2 When you request to book a Listing, PARKED may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), to verify your Payment Method.
8.3 If a requested booking is cancelled either because it is not accepted by the Lotter or you cancel the booking request in accordance with the cancellation policy associated with the Booking, any amounts collected by PARKED will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize PARKED to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your PARKED Account. You hereby authorize PARKED to collect any amounts due by charging the Payment Method provided at checkout, either directly by PARKED or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the PARKED Platform Marketplace.
8.5 If PARKED is unable collect any amounts due via your selected Payment Method, you authorize PARKED to charge any other Payments Methods on file in your PARKED Account (unless you have previously removed the authorization to charge such Payment Method(s)).
8.6 If your vehicle remains on the premises past the Lot Listing Conclusion without the Lotter's consent (“Expired Stay”), you authorize PARKED to charge any Payment Method(s) you have on file in your PARKED Account to collect fees payable under the PARKED Terms. In addition, PARKED may recover any costs and expenses it incurs in collecting the Expired Stay Fees by charging any Payment Method(s) you have on file in your PARKED Account. 8.7 PARKED is not responsible for any fees that a Spotter’s third-party payment service Lotter may impose when PARKED charges the Spotter’s Payment Method, and PARKED disclaims all liability in this regard.
8.7 PARKED is not responsible for any fees that a Spotter’s third-party payment service Lotter may impose when PARKED charges the Spotter’s Payment Method, and PARKED disclaims all liability in this regard.
9.1 Each Parker collecting payment for services provided via the PARKED Platform Marketplace (such as Lotter Services) (“Lotter Parker”) hereby appoints PARKED as the Lotter Parker’s payment collection agent solely for the limited purpose of accepting funds from Parkers purchasing such services (“Spotter Parkers”).
9.2 Each Lotter Parker agrees that payment made by a Spotter Parker through PARKED, shall be considered the same as a payment made directly to the Lotter Parker, and the Lotter Parker will provide the purchased services to the Spotter Parker in the agreed-upon manner as if the Lotter Parker has received the payment directly from the Spotter Parker. Each Lotter Parker Pg. 6 of 12 PARKED Payments Terms of Service agrees that PARKED may refund the Spotter Parker in accordance with the PARKED Terms. Each Lotter Parker understands that PARKED’ obligation to pay the Lotter Parker is subject to and conditional upon successful receipt of the associated payments from Spotter Parkers. PARKED guarantees payments to Lotter Parkers only for such amounts that have been successfully received by PARKED from Spotter Parkers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Lotter Parker, PARKED assumes no liability for any acts or omissions of the Lotter Parker.
9.3 Each Spotter Parker acknowledges and agrees that, notwithstanding the fact that PARKED is not a party to the agreement between you and the Lotter Parker, PARKED acts as the Lotter Parker’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lotter Parker. Upon your payment of the funds to PARKED, your payment obligation to the Lotter Parker for the agreed upon amount is extinguished, and PARKED is responsible for remitting the funds to the Lotter Parker in the manner described in these Payments Terms, which constitute PARKED’ agreement with the Spotter Parker. In the event that PARKED does not remit any such amounts, the Lotter Parker will have recourse only against PARKED and not the Spotter Parker directly.
PARKED collects the Service Fees charged by PARKED pursuant to the PARKED Terms. Where applicable, PARKED may also collect in respect of other fees and charges. PARKED deducts the Service Fee and other applicable fees and charges.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
If, as a Spotter, you owe additional amounts to PARKED due to a Booking Modification, you agree that PARKED may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your PARKED Account). If, as a Lotter, you owe PARKED any amounts due to a Booking Modification, you agree that PARKED may collect those amounts pursuant to Section 7 (“Financial Terms for Lotters”) and as otherwise permitted under these Payments Terms.
If PARKED is unable to collect any amounts you owe under these Payments Terms, PARKED may engage in collection efforts to recover such amounts from you. PARKED will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after PARKED first attempts to charge the Parker’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Lotter’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Lotter’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to PARKED by you. Such communication may be made by PARKED, or by anyone on its behalf, including but not limited to a third-party collection agent.
11.1 In any jurisdiction where PARKED facilitates the collection and remittance of Taxes pursuant to the PARKED Terms, you hereby instruct and authorize PARKED to collect Taxes from Spotters on the Lotter’s behalf at the time the Listing Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by PARKED will be visible to and separately stated to both Spotters and Lotters on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold PARKED and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or accommodations.
11.2 You agree that any claim or cause of action relating to PARKED’ facilitation of collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by PARKED in connection with facilitation of collection and remittance of Taxes, if any. Spotters and Lotters agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by PARKED from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
12.1 If you as a Spotter (i) agree to pay the Lotter in connection with a Damage Claim, or (ii) PARKED determines that you are responsible for damaging a Lot Listing Property or any personal or other property located at a Lot Listing Property pursuant to the PARKED Terms, you authorize PARKED to charge the Payment Method used to make the booking in order to collect the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that PARKED may charge any other Payment Method on file (and not otherwise unauthorized) in your PARKED Account at the time of the Damage Claim.
12.2 PARKED also reserves the right to otherwise collect payment from you and pursue any remedies available to PARKED in situations in which you are responsible for a Damage Claim.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the PARKED Terms;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your PARKED Account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PARKED or any of PARKED’ Lotters or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
14.2 Notwithstanding PARKED’ appointment as the limited payment collection agent of Lotter Parkers for the purposes of accepting payments from Parkers through the PARKED Marketplace, PARKED explicitly disclaims all liability for any act or omission of any Parker or other third party. PARKED does not have any duties or obligations as agent for each Lotter Parker except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
14.3 If we choose to conduct identity verification on any Parker, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Parker or guarantee that a Parker will not engage in misconduct in the future.
14.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your PARKED Account in any way, you are responsible for the actions taken by that person. Neither PARKED nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or Pg. 10 of 12 PARKED Payments Terms of Service emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Parkers or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not PARKED has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Lotter Parkers pursuant to these Payments Terms, in no event will PARKED’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the PARKED Platform Marketplace as a Spotter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Lotter, the amounts paid by PARKED to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between PARKED and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you
You agree to release, defend (at PARKED’s option), indemnify, and hold PARKED and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) PARKED’ collection and remittance of Taxes; or (iv) your breach of any laws, regulations, or thirdparty rights.
17.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the PARKED Platform Marketplace or by sending us an email, or by following the termination procedures specified in the PARKED Terms. Terminating this Agreement will also serve as notice to cancel your PARKED Account pursuant to the PARKED Terms. If you cancel your PARKED Account as a Lotter, PARKED will provide a full refund to any Spotters with confirmed booking(s). If you cancel your PARKED Account as a Spotter, PARKED will initiate a refund for any confirmed booking(s) based on the Lot Listing’s cancellation policy.
17.2 Without limiting our rights specified below, PARKED may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
17.3 PARKED may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, Pg. 11 of 12 PARKED Payments Terms of Service fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or thirdparty rights; or (iv) PARKED believes in good faith that such action is reasonably necessary to protect other Parkers, PARKED, PARKED, or third parties (for example in the case of fraudulent behavior of a Parker).
17.4 In addition, PARKED may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the PARKED Terms , applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) PARKED believes in good faith that such action is reasonably necessary to protect the personal safety or property of PARKED, its Parkers, PARKED, or third parties, or to prevent fraud or other illegal activity.
17.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by PARKED and an opportunity to resolve the issue to PARKED' reasonable satisfaction.
17.6 If you are a Lotter and we take any of the measures described in this Section we may refund your Spotters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new PARKED Account or attempt to access and use the Payment Services through other an PARKED Account of another Parker.
17.8 If you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
These Payments Terms will be interpreted in accordance with the laws of the State of Alabama and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Clark County, Nevada unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Birmingham, Alabama.
Any and all disputes or claims of any type arising under these Payment Terms shall be subject to the Arbitration Agreement set forth Paragraph 2 of the PARKED Terms.
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between PARKED and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between PARKED and you regarding the Payment Services.
20.2 No joint venture, partnership, employment, or agency relationship exists between you or PARKED as a result of this Agreement or your use of the Payment Services.
20.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.4 PARKED’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
20.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without PARKED’ prior written consent. PARKED may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior. Your right to terminate this Agreement at any time remains unaffected.
20.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
20.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by PARKED via email, PARKED Platform Marketplace notification, or messaging service (including SMS and WeChat). For notices made to Parkers residing outside of Germany, the date of receipt will be deemed the date on which PARKED transmits the notice.
PARKED will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please contact us via email at support@gotparked.com.