Parckr Terms of use

 

The Parckr Terms of Use (“Terms”) govern your rights and obligations regarding the use of the Parckr services. These Terms constitute a fully binding agreement between Parckr BV, the proprietor of all rights in and to the Parckr services, and you. By using the Parckr Services, you signify your assent to these Terms. If you do not agree to these Terms in their entirety, then you are prohibited and must refrain from using the Parckr services.


Layman’s Summary

The following section summarizes the key points of the Terms for your convenience only. These key points are not made in lieu of the full Terms and they do not supersede or override the Terms.

  • Parckr is a community service, (personal) information you publish on the Parckr services will be shared with other users instantaneously.
  • The information provided by Parckr originates from the community, road authorities and other information sources. This information is intrinsically fluctuant and may be inaccurate, incomplete or out-dated.
  • The information provided by Parckr is not intended to replace the information provided by road authorities and emergency services, such as road markings, traffic signs, parking guidance systems, instructions from the road authorities or emergency services, etc. etc. Always drive vigilantly according to road conditions and in accordance with traffic laws, and only park there where this is allowed.
  • Only use the Parckr services when road and traffic conditions permit safe use.
  • The Parckr services require detailed information on your location, for example in the form of the GPS information of your smartphone. This information is temporarily stored on your smartphone and the central Parckr systems to provide the Parckr services.
  • Parckr may archive your location information in an anonymised form to improve the quality of the Parckr services. Parckr may redistribute aggregated anonymised location data.
  • Third party advertisements may appear on the Parckr services so that Parckr can provide you the Parckr services for free. Parckr allows only advertisements from organisations that provide products, services or policies that are relevant and useful to most users of the Service.
  • The Parckr services require a (mobile) Internet connection. Any associated charges incurred by your use of the Parckr services are your responsibility and made solely at your expense.


What Is The Service
The “Service” consists of smartphone apps (the “App”), central databases and software (the “Central System”), and web sites (the “Site”). Information on truck parking facilities (“Content”) from various sources is stored in, and exchanged between, the different components of the Service.


The License

Parckr BV, a Limited company based in Amsterdam, The Netherlands (“Parckr”) hereby grants you, the user of the Service (“You”), a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service for non-commercial purposes, subject to these Terms.


Using The Service

The intended use of the Service is for truck drivers to share information on truck parking facilities and their services, and to find available parking spots.

You may use the Service solely for the intended use. You may not use the Service commercially. For example, You may not: (i) offer to third parties a service of Your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of Your own, without the prior written consent of Parckr. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

The Software may not be used in any way that is not expressly permitted by these Terms.


Use Restrictions

There are certain types of conduct that are strictly prohibited on the Service.
You may not, whether Yourself or through any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or Content, or in any way or publicly display, perform, or distribute them; (ii) copy, print, save or otherwise use Content, nor engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing of Content from the Service, nor use any robot, spider, scraper or other automated means to access the Content; (iii) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect in any way personal information about users of the Service without their express consent; (iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (v) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service, or the servers or networks that host or otherwise make the Service available; (vii) transfer or assign Your Service accounts’ password, even temporarily, to a third party; (viii) use the Service for any illegal, immoral or unauthorized purpose; (ix) use the Service for other than its intended use without Parckr’s express prior written consent;


Termination Of Use Of The Service

You may terminate Your use of the Service at any time and for whatever reason. You are not obligated to advise Parckr of such termination. However, if You would also like for Parckr to delete Your Parckr account and Your personal information contained in the account, You need to request this by sending an email to support@parckr.com. On receiving such a request, Parckr will use reasonable efforts to delete such information.

Parckr retains the right to block Your access to the Service and discontinue Your use of the Service, at any time and for any reason Parckr deems appropriate, at its sole and absolute discretion.


User Content

The Service allows its users to submit and post information (“User Content”) to other users. User Content can include, for example, parking occupancy updates, restaurant reviews, ratings of services, etc. You assume sole responsibility for any User Content You post and You alone are liable for the consequences when You post User Content.

Your User Content submissions may only be sent after You have stopped Your vehicle in an appropriate location permitted by law. Alternatively, User Content may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver.


Commercial Information In The Service

The Service may include commercial information or advertisements (for example, indicating the locations of certain parking areas, their commercial offers, coupons, etc. (“Ads”)). The Ads may be displayed on the App or Site from time to time. Parckr may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Parckr cannot and does not guarantee the reliability or accuracy of third party Ads. Parckr will not be liable for any form of liability arising from Your reliance on, or in connection with, the use of the content of Ads posted on the Service.

Insofar as the Service includes links to services or applications not operated or managed by Parckr, Parckr will not be liable for any form of liability arising from Your reliance on such services or any information provided by them.

You must not attempt to view or click on any Ads while operating a vehicle. You alone are responsible for driving responsibly, and You acknowledge and agree that in the event that You violate the foregoing provision, the third party advertisers will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the display of the ads on the service or Your viewing of the Ads on the Service.


Forbidden Posts

It is forbidden to submit User Content of a commercial nature (including advertising).

  • When You submit User Content to be published by the Service, You must make sure it is lawful. For example, You may not submit User Content that:
  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
  • poses a risk to a person’s safety, security or health;
  • identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information;
  • is unlawful, defamatory, libellous or invades the privacy of others;
  • is harassing, offensive, threatening or vulgar;
  • is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behaviour or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
  • falsely expresses or implies that such content is sponsored or endorsed by Parckr.

The foregoing examples of unlawful User Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted User Content.

Parckr may decline to publish, or immediately delete any User Content You submit if You or the User Content have violated these Terms or if You engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Parckr or any of its affiliates. In such cases, Parckr may also terminate Your access to the Service or prevent You from posting additional User Content on the Service. The provisions of this clause are made in addition to any rights afforded to Parckr by any law.


Rights In User Content

When You submit User Content to be published on the Service, You represent and warrant that You own all intellectual property rights in the User Content; that You are permitted to publish the User Content and to permit Parckr to publish the User Content and exploit all intellectual property rights in and to the User Content. Parckr receives no ownership rights in and to the User Content that You submit. However, by submitting User Content to Parckr, You hereby grant Parckr and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the User Content. The license granted to Parckr in and to the User Content You submit is not limited to personal use, but also extends to any commercial use of User Content, at Parckr’s sole and absolute discretion.


Examination Of Content

Parckr may examine the User Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous User Content, or remove such User Content after its publication.

Parckr retains sole discretion in determining which User Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of User Content within the Service. Parckr does not guarantee that all User Content will be published, in general or for any limited time.

User Content submitted by users for publication does not reflect the views of Parckr. Publishing User Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.


Copyright Policy

All intellectual property rights in and to the Service, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Parckr or its affiliates or are exclusively licensed to Parckr. The Service is protected, among others, by Dutch Law as well as by applicable copyright provisions prescribed by any other law, in The Netherlands and elsewhere.

“Parckr”, the Parckr logo, and other trade and/or service marks are the property of Parckr or its affiliates and You may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Parckr.

The design, branding, and the ‘look and feel’ of the App and Site and other Service components are protected works under applicable copyright laws and Parckr and its affiliates retain all intellectual property rights in them. The software license granted to You in these Terms does not extend to or include a license to use any mark, indicator, logo or notation that are displayed on the Site, App or other Service components.

If You believe that certain content, which appears on the Service, infringes upon copyrights that You own or represent, You may send a written notification to support@parckr.com. Upon Your notification, Parckr may remove or disable access to any such content.


Privacy Policy

Any information collected by Parckr or provided by You that, with reasonable efforts, may be used to identify You, which may include first and last name, home address, email address and, in certain circumstances, Your location and route information, is “Personal Information”.


Abuse Reports

If You believe that Your privacy has been compromised by any person, in the course of using the Service, you can report this to support@parckr.com. Parckr will use reasonable efforts to prevent further abuse.


Information That Is Being Collected

Parckr will link all of Your information with Your account.

Whenever You use the Service, Parckr will collect:

  • detailed location information, for example in the form of GPS signals and other information sent by Your mobile device on which the App is installed and activated;
  • information about Your use of the Service;
  • information that You choose to share with Parckr, including a username You have chosen, ratings of truck parking facilities and services, reports associated with Your username, and search queries.

Parckr will collect and use Your information whenever You activate the App on that mobile device. Your Account and information associated with Your Account will be visible only to Parckr;


Uses of information

Parckr may use information collected from or provided by You for the following purposes:

  • to provide You with the Service;
  • to share Your submissions with other users of the Service;
  • to send You marketing and advertising material;
  • to create aggregated anonymous data (where such data does not enable the identification of a specific user);
  • to conduct surveys and questionnaires;
  • to enforce the Terms of Use;
  • to contact You when Parckr believes it to be necessary;
  • to comply with any applicable law and assist law enforcement agencies under any applicable law, when Parckr has a good faith belief that Parckr’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
  • to prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Service;
  • to handle breakdowns and malfunctions;
  • to take any action in any case of dispute, or legal proceeding of any kind between You and the Service, or between You and other users or third parties with respect to, or in relation with the Service;
  • for purposes provided under the Terms.

Further information may be collected when Parckr exchanges communications with You, for example, if You submit a request, contact Parckr’s support team, or report a violation.


Personal Information That You Share

The Service is based on a community of users publicly sharing information with Parckr and with other members of that community.

In particular, users choose to share personal information such as location information and reviews. This information is shared directly to the Service and to all users.

The content that You share to all users is neither private nor confidential and You should not have any expectation of privacy with respect to it. Reviews will be linked to the location of a parking and therefore indicate Your current or past location. Therefore, You must exercise caution and common sense when submitting information.

In any event Your email address will not be visible to others through any ratings or reviews that You share or upload.

Participating in any user’s activities as a result, directly or indirectly, from using Parckr, is entirely at Your own risk. Parckr is not a party to any agreement entered into between the users in any circumstances. We do not accept any liability for any loss, damage, cost or expense that You may suffer or incur as a result of or in connection with Your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Service or the use thereof.


Meta-Data That Parckr Collects

Parckr collects information about the use of the Service. For example, Parckr may record the frequency and scope of Your use of the Service, the duration of Your sessions, information about the device on which You have installed the App, the web pages that You visit via the App, information that You read, content that You use or create, advertisements that You view or click on, Your communications with other users and third parties, the Internet protocol (IP) address and the name of the domain that serve You to access the Service, and the geographic location of the computer system that You are using to log-in.


Accessing The Service

In order to access certain features of the Service (for example, rating, reviews), You will need to set up a user account.

Parckr may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service or for accessing certain features or designated sections of the Service.

Your log-in details are Your responsibility. You are fully accountable for any use or misuse of Your Account and personal details as a result of conveying Your details to someone else. You must maintain Your log-in details in absolute confidentiality and avoid disclosing them to others. Make sure that You change Your password frequently and at least once every six months.


Sharing Information With Others

Parckr does not sell, rent or lease Your personal information to third parties.

Parckr will not share Your personal information with others, without Your consent, except for the following purposes and to the extent necessary in Parckr’s good-faith discretion:

  • as necessary for the operation of the Service;
  • If Parckr reasonably believes that You have breached the Terms of Use, or abused Your rights to use the Service, or performed any act or omission that Parckr reasonably believes to be violating any applicable law, rules, or regulations. Parckr may share Your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of Your wrongdoing;
  • If Parckr is required, or reasonably believes that it is required by law to share or disclose Your information;
  • In any case of dispute, or legal proceeding of any kind between You and Parckr, or between You and other users with respect to, or in relation with the Service;
  • In any case where Parckr reasonably believes that sharing information is necessary to prevent imminent physical damage or damage to property;
  • If Parckr organizes the operation of the Service within a different framework, or through another legal structure or entity, or if Parckr is acquired by, or merged into or with another entity, or if Parckr enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration;
  • Parckr may also share personal information with companies or organizations connected or affiliated with Parckr, such as subsidiaries, sister-companies and parent companies. Personal information may also be shared with Parckr’s other partners and service providers, with the express provision that their use of such information must comply with these Terms.


Controlling Your Personal Information.

If You would like for Parckr to delete Your Parckr account and Your personal information contained in the account, You need to request this by sending an email to support@parckr.com. On receiving such a request, Parckr will use reasonable efforts to delete such information, however please note that Your information may be retained on our back-up systems for some time.

Your location history is associated with Your Account. This information is held by Parckr for such limited period of time as is necessary in order for Parckr to be able to use the information for the purposes described in the Terms. At the end of this period of time, Parckr will then anonymize or delete Your location and route information.


How Parckr Uses Aggregated Information

Parckr may use anonymous, statistical or aggregated information, including anonymous location information (“Aggregated Information”), in a form that does not enable the identification of a specific user, to properly operate the Service, to improve the quality of the Service, to enhance Your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.

Parckr may also use Aggregated Information by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Service, to the partners and any other third party.


Cookies

Parckr may use cookies on the Site. Cookies are packets of information sent by the Site’s servers to Your web browser and then sent back by the browser each time it accesses the Site’s servers.

Parckr may use cookies for various purposes, for example to facilitate the use of the Site, to collect statistical information, to verify information, and to customize the Site to Your personal preferences and for information security purposes.


Advertising Campaigns

Parckr may permit, solicit or contract certain other companies to conduct advertising campaigns on the Service. The advertisements that You see when accessing the Service may be geographically or contextually targeted.

The Service includes an internal messaging system which provides You the ability to send and receive reviews and ratings to and from other users, and to receive marketing messages and advertisements from us. You hereby agree that we may use the internal messaging system for the purpose of informing You regarding products or services, which may interest You and to send to You advertisements and other marketing material.


Information Security

Parckr implements systems, applications and procedures to secure Your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Parckr takes great efforts to protect Your personal information, Parckr cannot guarantee and You cannot reasonably expect that Parckr’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.


Apple

If You use the Service on an Apple device, then You agree and acknowledge that:

Apple, Inc. bears no duties or obligations to You under the Terms, including, but not limited to, any obligation to furnish You with Service maintenance and support;

You will have no claims, and You waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.


Limitation of Liability and Warranty

Parckr provides the service and content included therein for use on an “as is” and “as available” basis. They cannot be customized to fulfil the needs of each and every user. Parckr hereby disclaims all warranties and representations, either express or implied, with respect to the service, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy.

Additionally and without derogating from the above clause, Parckr disclaims any warranties relating to the accuracy of the Content, such as maps, parking occupancy forecasts, or parking conditions presented or displayed in or by the Service.

You agree and acknowledge that You assume full, exclusive and sole responsibility for the use of and reliance on the Service, and You further agree and acknowledge that Your use of or reliance on the Service is made entirely at Your own risk. You further acknowledge that it is Your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

The information provided by the Service is not intended to replace the information presented on the road. In the event that the information presented on the road (as for example in road markings, traffic signs, instructions from road authorities or emergency service personnel, etc.) instructs differently than the service, You must not rely on the service.

Parckr does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Parckr’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Parckr or any of its providers.

Parckr, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the service, or from any failure, error, or breakdown in the function of the Service, or from any fault, or error made by our staff or anyone acting on its behalf, or from Your reliance on the Content of the Service.


Breach And Indemnity

Without derogating from any applicable law, You agree to indemnify and hold harmless Parckr and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of Your violation of these Terms. In view of the fact that the Service is provided to You free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Parckr, its employees, officers, directors or agents as a result of Your violation of the Terms, including but not limited to legal expenses and attorney fees.


Modifications To The Service And Software

Parckr may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service’s features, the user interface and design, the extent and availability of the Content in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Parckr for applying such changes or for failures incidental to such changes.


Termination Of Service

Parckr may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.


Modifications Of These Terms

Parckr may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the App as well as on the Site. Your continued use of the Service after the Terms have been modified signifies Your assent to the updated Terms. If You dissent to the updated Terms or to any term within them, You must discontinue all further use of the Software.


Governing Law And Jurisdiction

These Terms, the Software and the Service will be governed solely by the laws of the The Netherlands, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court of Amsterdam.


Limitations

Should You desire to file any cause of action against Parckr, arising out of or related to the Parckr Software or Service, You must do so within one (1) year of the day You become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute Your complete and final waiving of the lawsuit.


Assignment Of Rights

You may not assign or transfer Your rights in and to the Service, without the prior written consent of Parckr. Parckr may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Parckr’s obligations to You under these Terms.


Complete Terms

These Terms shall constitute the entire and complete agreement between You and Parckr concerning the Parckr Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during App installation, these Terms shall prevail.


No Legal Relationship

These Terms of Use and Your use of the Service, including the submission of User Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for Your enjoyment and benefit and the provision of the Service to You (subject to Your compliance with these Terms) constitutes the sole and sufficient consideration that You are entitled to receive for any User Content or other contributions You have made to the Parckr Service, its Content and any other data.