TERMS AND CONDITIONS FOR PARKERS
The Services constitute a technology platform that enables Drivers of GarageHop’s or Affiliates mobile applications or websites provided as part of the Services (each, an “App” or “Application”) to find, subscribe and pay for the lease of a thirty (30) days assigned parking space with exclusive use for their own vehicle (the Parking Space) provided by a third party, the parking owner, manager or operator ("Owner"). GarageHop also provides you with access to the vehicular gate of the parking facility using a Virtual Key through the App. Unless otherwise agreed by us in a separate written agreement with you, the Services are made solely for your personal , non-commercial use.
Please note that these terms apply only to the provision of Services directly by us to you. These terms do not apply to your use of the Parking Space you lease to a Third Party. The lease of the Parking Space is dealt with under the terms of your Parking Space Lease Agreement with the Owner, as your lessor (“Lessor”), and also includes any additional provisions included in an Owner’s listing.
You acknowledge and agree that GarageHop is a technology services provider that does not provide parking services and is not and shall not act as a parking operator, a real estate broker, agent or insurer. We have no control over the conduct of the Owner and disclaim all liability in this regard. The Parking Space Lease Agreement and any additional restrictions included in your listing are a contract between you, as the Lessee, and the Owner, as your Lessor. We are not a party to that agreement and we will not be liable to you, the Owner or any third party for any breach of the Parking Space Lease Agreement or otherwise in relation to the Parking Space.
You must have a valid driver’s license to use the Services.
Your access and use of the Services constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and GarageHop and its Affiliates. If you do not agree to these Terms, you may not access or use some of the Services.
Use of the GarageHop Services
User Account. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to GarageHop certain personal information, such as your name, mobile phone number, license plate and vehicle make, as well as at least one valid method of payment, such as accepted payment partner. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired method of payment on file, may result in your inability to access and use the Services, GarageHop’s termination of this Agreement with you or, pursuant to the Parking Space Lease Agreement, termination of your lease by your Lessor. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We will not be held responsible for any action taken by any third party to whom you have disclosed your credentials. If you believe a third party has become aware of your credentials and is using your Account, including the Virtual key, without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion.
Valid Email Address. You must supply a valid email address when registering so that we can email lease confirmations ( the “Confirmation Email”), which forms part of your Agreement with your Lessor, and other information relating to your use of our Services or the Parking SPace. We will not be held responsible if you fail to provide a valid email address and you do not receive a Confirmation Email or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.
Access to the parking facility. The Virtual Key is automatically added to your App once you have successfully subscribed to a lease for a Parking Space. It is used to open the vehicular gate of the parking facility. It shall strictly be used to open the vehicular gate to give passage to your vehicle. The Virtual key shall only be used at sight of the gate. As a pedestrian you can exit and enter the parking facility using the directions and, when it applies, the devices provided by the Owner in the Confirmation Email.
User Requirements and Conduct. The Service is not available for use by persons without valid driver’s license. You warrant that you have a valid vehicle registration and insurance for the vehicle parked and that any state or federal fees, taxes or charges applicable to the vehicle are paid up. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, your Lessor, or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by contacting us at firstname.lastname@example.org. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that GarageHop establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by GarageHop; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that GarageHop establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content. We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GarageHop's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor GarageHop's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GarageHop in its sole discretion, whether or not such material may be protected by law. GarageHop may, but shall not be obligated to, review, monitor, or remove User Content, at GarageHop's sole discretion and at any time and for any reason, without notice to you.
Network Access, Device and Device Functioning. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GarageHop does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet, Bluetooth and electronic communications. You are responsible for having your smartphone in use and functionable condition whenever you want to use the Virtual Key. We strongly advise you to keep a phone vehicle charger compatible with your smartphone at all time in your vehicle. We cannot be held responsible of or liable for the Virtual Key being out of use if resulting from the improper functioning of your smartphone or from, but not limited to, the misuse or fraudulent use of the Virtual Key. Our support service is available to Drivers under lease with an Owner, including, at our discretion, on-site intervention.
Subscription to the Leases. The Applications will allow you to lease from an Owner a Parking Space in accordance with the Parking Space Lease Agreement. Spaces are listed per month of availability. You can require a lease for a month already started but the lease you are entering is made for the full month and as such the rent will not be pro-rated (See the Parking Space Lease Agreement). Once we have received payment for the rent and you have accepted the terms of the Parking Space Lease Agreement your month-to-month lease will be confirmed. You will have entered into a binding agreement with the Owner for the use of their Parking Space. We will send you a Confirmation Email which will include a non-sharable contact telephone number to GarageHop support service together with detailed instructions relating to the Parking Spaces as provided by the Owner.
Background Check. GarageHop does not conduct background checks on any Driver itself. However the Owner may request that you submit to one as part of the lease process. Under such occurrence, the background check will be performed 1) either by the Owner or his representative using their software or provider or 2) by our third party provider SafelyStay Inc. When applying for a lease using GarageHop Inc. service you give permission to SafelyStay Inc. to verify your identity, and check criminal databases in order to confirm your lease.
Termination of Parking Space Lease Agreement. You agree that, pursuant to the Parking Space Lease Agreement, if you wish to cancel a lease you will do so our Applications.
GarageHop Support. We provide you with various channels of customer support, including an online FAQs and a phone customer support, as well as on site intervention, as we deemed appropriate.
Complaints and Disputes between You and Owners. You agree that if any dispute arises concerning the Parking Space or otherwise during the Lease Period you and the Owner will attempt to resolve such dispute in the first instance by directly communicating with GarageHop. In the event that a dispute cannot be resolved via GarageHop mediation, it is agreed that either party may attempt to resolve the dispute directly.
You agree that our Applications are platforms for advertising Parking Spaces owned by Owners and we have no responsibility for the Parking Space other than to provide the Services under this Agreement which includes administering and confirming the subscription to the month-to-month lease, collecting payment on behalf of the Owner and providing access key for the vehicular gate. Whilst we endeavor to ensure the Parking Spaces advertised on the Website are of a satisfactory quality we offer no warranty as to a Parking Space's suitability for your requirements. Similarly, we will have relied on the Owner for details about a Parking Space and pedestrian access of the parking facility given on the Applications and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
Rent. Rent (“Rent”) payment are due upon the 1st of each month. In case of late payment, your virtual key will be temporally disabled until full payment is received. Late fee may apply for late payment as referred to in your Parking Space Lease Agreement. We will facilitate your payment of the applicable rent on behalf of your Lessor, as such Lessor’s limited payment collection agent. Payment of the Rent in such manner shall be considered the same as payment made directly by you to the Lessor. Rent will be inclusive of applicable taxes where required by law as provided by the Lessee.
Other Payment: As between you and us, we reserve the right to establish, remove and/or revise fees for any additional features of the Services at any time in our sole discretion.
Receipts. We will provide you with the receipts for the payment of your rent on behalf of the Lessor. Any correction to a receipt for a lease must be submitted to us in writing five (5) business days before the end of the month the lease is linked to. Absent such a notice, we shall not be liable for any mistakes in or corrections to the receipt or for correction or disbursement of the rent.
License Grant. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, non-assignable, revocable license to use the GarageHop Services to: (i) access and use the Applications, including the Virtual Key, on your personal device, including smartphone, solely in connection with your use of the Services; and ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. All right not expressly granted to you are reserved by us, our Affiliates and our respective licensors.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services. You acknowledge that portions of the Services may be made available under GarageHop's various brands, including “GarageHop”, “HopAndRide”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with certain of GarageHop's subsidiaries and affiliates.
Ownership. The Services and all rights therein are and shall remain GarageHop’s or Affiliates’ property or the property of GarageHop's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GarageHop’s company names, logos, product and service names, trademarks or services marks or those of GarageHops licensors.
Proprietary Rights; License
You will be entirely responsible for any and all insurance that you may require for the purposes of leasing a Parking Space. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not ours, to resolve them with your insurer(s).
You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier or business relation of GarageHop or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Website or App.
Disclaimers; Limitation of Liability; Indemnification
Disclaimer. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GARAGEHOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GARAGEHOP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. By using the GarageHop Services, App and Device, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
No Service Guarantee. We and our Affiliates do not guarantee the availability or uptime of the GarageHop Services or App. You acknowledge and agree that the GarageHop Services or App may be unavailable at any time and for any reason (e.g. due to scheduled maintenance or network failure). Further, the GarageHop Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including Bluetooth, and we and our Affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
Limits of Liability. GarageHop and its Affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind, including arising out of the use of or defects in the Services, App, including the Virtual Key; or ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage, or, to the extent permitted by the law, damage for personal injury, even if we and our Affiliates have been advised of the possibility of such damages. IN NO EVENT SHALL GARAGEHOP’S TOTAL LIABILITY TO YOUIN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE RENT PAID FOR A MONTH.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 7 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify and hold harmless GarageHop, its affiliates, and their respective members, managing-members, officers, directors, managers, employees and agents ("GarageHop Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions in relation to the Services, the Website, the Parking Space or the Lease; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Website caused damage to a third party; (v) your violation of any law; or (vi) your breach of the Parking Space lease Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify GarageHop Indemnitees.
We may refer to you at any time in the future to publicize the GarageHop Services or ourselves.
Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
Termination. Either party may terminate this Agreement i) without cause at any time upon five (5) business days prior written notice before the end of the month to the other party; ii) immediately, without notice, for the other party’s material breach of this Agreement; or iii) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party; or iv) immediately without notice if you are found in breach of the violation reporting policy, such as repeated parking in the wrong Parking Spaces.
Effects of termination. In the event of termination, the terms of this Agreement will continue in full force, so far as such terms relate to existing leases, unless termination is without notice, or the consequences of any previous leases (including terms relating to fees, disclaimers, liability and damage).
Modifications. We may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that we may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: i) to an Affiliate; or ii) to an acquirer of all or substantially all of GarageHop’s business, equity or assets.
Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to”. The recitals form a part of this Agreement. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third party beneficiary claims.
Notice. Any notice delivered by us to you under this Agreement will be delivered email to the email address associated with your account or by posting on the dashboard available to you on the GarageHop Services. Any notice delivered by you to us under this Agreement will be delivered by contacting us at email@example.com.
Force Majeure. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
Governing Law and Jurisdiction
This Agreement shall in all respects be governed by the laws of the State of Washington without reference to its principles of conflicts of laws.
Regardless of where you are domiciled any claims brought againstGarageHop must be filed in State of Washington court. Any arbitration, mediation or other conciliatory process must be initiated and carried out in the United States. Notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, GarageHop may bring an action to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of this Agreement or to enforce the decision of the arbitrator. The arbitrator shall apply the substantive laws in accordance with clause 18 (Governing Law and Jurisdiction), shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties will split the arbitrator's fee. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party. You agree that the provisions in this clause will survive any termination of this Agreement.