Terms and conditions

Effective from: February 2021

Please read the following Terms and Conditions on the PARK360 Website before registering on, accessing, browsing, downloading, or using the PARK360 App / Website located at PARK360.io, and all associated sites linked to PARK360.io, or the Park360 mobile applications on “Google play” / “Apple App Store” or any similar platform (hereinafter collectively, the PARK360 Platform run by myCiti 360 Technology Services Pvt. Ltd., having its registered office at 212, A-Block, 5th Floor SNS Interio, Behind CNG Pump, Near Bhatar Char Rasta, Surat – 395017 (hereinafter collectively, myCiti ) on any device and/or before availing any services offered by myCiti on the Park360 Platform (hereinafter individually, and collectively, the PARK360 Services).

For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all PARK360 Services, whether offered by PARK360, myCiti, or its affiliates.

Definition:

“myCiti”, “PARK360 Platform”, “PARK360 Services, “We” represent the “Service Provider” and are interchangeable. It also represents any subsidiary platform powered by myCiti. “You” addresses the individual User reading and agreeing to these Terms. “Commercial Complex”, “Residential Units”, “Corporate Campuses”, “Malls”, “Pay & Park Lots”, “Public Parking Lots”, “Tourist Spots”, or any other registered legal entity will be addressed as Entity from hereon.

It can also imply any such Organisation of Users utilising the Products. “Association”, “Society”, and “RWA” are used interchangeably. Subscription Term: Period for which Subscription Payment has been made. The following paragraphs contain further information about our Terms of Service, Privacy Policy, and Payment Gateway Terms. Please make sure you read through this carefully. Please proceed with the use of the Products upon agreement with the Terms.

Terms of Service:

PARK360 provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time with information to you.

Description of Service:

PARK360 provides a suite of Products categorised as below.

  • a) The “PARK360 Admin App/Portal” which provides a Central Database of the Entity, integrated with Tools for Vehicle Parking Management, Access Security Management, Gate Security Management, Admission Ticket Management, and Pay & Park Billing Management.
  • b) The “PARK360 App” which is used by each Resident/Employee/Owner/Visitor of the Entity and is a Companion App/Portal to the other products.
  • c) The “PARK360 Staff & Parking Apps” is used by each Staff/Employee of the Entity and is a Companion App/Portal to the other products. All 3 products are integrated with each other. Depending on the access available to You, You may use any or all of these Products.

PARK360 Privacy Policy:

Personal information about you is subject to our PRIVACY POLICY which is a section in these Terms.

User Account, Password and Security:

You are responsible for maintaining the confidentiality of the User ID and password you choose when you create your account and are fully responsible for all activities that occur under your account.

You agree to immediately notify PARK360 of any unauthorized use of your password. PARK360 will not be liable for any consequence arising from your failure to comply with this Section.

Abuse of Service:

You understand that all information (such as data files, written text, audio files, images, or any other media) that you may have access to as part of, or through your use of the Products of PARK360 Platform is the sole responsibility of the person from which such Content originated.

PARK360 takes no responsibility for abusive content, and it is the responsibility of the users to regulate such content. PARK360 takes no responsibility for any data generated within any of its Products and published or distributed outside by the user.

PARK360 reserves the right to suspend its service to Users involved in service abuse.

List of Prohibited Items:

Users are prohibited from aiding in the sale/exchange of any item present in the below list. This is only a partial list and items can be added as and when prohibited by law or brought to the notice of PARK360.

  • Airline tickets that restrict transfer, other unauthorised ticket sale
  • Alcohol or tobacco products
  • Blood, bodily fluids or parts
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying info Burglary tools, including but not limited to lock-picks or motor vehicle keys
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia
  • Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them
  • Counterfeit, replica, or knock-off brand name goods
  • Coupons or gift cards that restrict transfer, other unauthorised coupons or gift cards
  • False identification cards, forged certificates – Fireworks, firearms and explosives
  • Gambling items, including but not limited to lottery tickets
  • Material that infringes copyright, including but not limited to software or other unauthorised digital goods sale
  • Pornography
  • Pet animal parts, blood, or fluids
  • Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids
  • Stolen property, or property with serial number removed or altered. Items can be included in the above list as and when prohibited.

No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Products, use of the Products, or access to the Products.

Modifications to Service:

As SaaS products, all of the PARK360 offerings will undergo continuous modifications in their Features and Service.

In case any feature or service is phased out, adequate time and notice will be given to you, so that you may retain the Information assets created by you as part of that Feature.

Beyond the time given, you agree that myCiti shall not be liable to you or to any third party.

PARK360 Proprietary Rights:

You acknowledge and agree that the PARK360 Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All material contained on App / Website, including, but not limited to, all texts, information, images, graphics, motifs, trademarks, logos, designs, videos or HTML code are protected by intellectual property rights and remain the property of PARK360 and/or authorized third parties.

Except as expressly authorized by PARK360, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the PARK360 Platform, in whole or in part. You also agree not to extract the code or reverse-engineer it in any way. Any attempt at hacking or unlawful use of the PARK360 Services can and will invite the maximum prosecution allowable under the law.

Warranties and Disclaimers:

Our Warranties. We warrant that

  • (i) the PARK360 Services shall perform materially in accordance with the Functionality listed in Features List, and
  • (ii) the functionality of the PARK360 Services will not be materially decreased during a subscription term. A Subscription Term is defined by the term for which the Subscription Payment is already made.

For any breach of either such warranty, your exclusive remedy shall be Termination of Use including Refund of Advance Payments made for the Subscription Term.

For integrations of the Product with 3rd Party Software or Hardware, PARK360 warrants that it will perform due diligence while selecting the 3rd Party Software or Hardware. However, PARK360 does not warrant error-free functioning of such 3rd Party Software or Hardware.

Limitation of Liability:

In no event shall either party’s aggregate liability arising out of or related to these Terms/Agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you under the current active Subscription Term. In specific PARK360 is not liable to respond to queries from third parties about a Commercial/Residential/Public unit’s use of the Product.

All queries must come from the officially designated Users of the Commercial/Residential/Public Unit itself. By using PARK360 Services You confirm that You have the legal authority of uploading and sharing the specific data that You would upload or share on this Product. You indemnify PARK360 or its subsidiaries of any disputes regarding the ownership of such data.

Support SLA:

  • a) All Support queries are to be lodged using the “Software Help” feature present on the myCiti Services. If the issue is related to logging in, a support email can be sent to support@PARK360.io
  • b) All support queries will receive an initial response within a maximum of 16 business hours of PARK360 Services receiving the request. Business hours are 9 AM to 6 PM, IST. Support SLAs are available to all Users covered by a Subscription Term. Support SLAs are not available to Users on Trial, or any other Unpaid Usage mode.

Exit of Subscription:

This agreement is subject to review by either party at any time during the Subscription Term. If either party requires terminating this agreement, 30 days’ notice must be given and the data will be available for the customer to be extracted during this period. The notice period has to be within the subscription paid duration (Subscription Term). After such 30-day period,

The Service Provider shall have no obligation to maintain or provide any of the Customer’s Data and shall thereafter, unless legally prohibited, delete all of the Customer’s Data in the Service Provider’s systems or otherwise in its possession or under its control. Upon non-payment of Subscription Dues within the Subscription Invoice Due Date, the Subscription is considered terminated and Access to the product is discontinued for the Customer.

Severability Clause:

In case any provision of Terms and Conditions is held by an appropriate court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law:

These Terms and Conditions are subject to Indian laws only. The place of jurisdiction for all disputes arising from the use of the App / Website is Surat Gujarat INDIA.