A. ParkAide is a service (“Service”) that lets users pay for parking to a service provider (“Service Provider”) using top-up credits issued by Service Provider via the selected payment gateway through ParkAide mobile application and ParkAide web site. With ParkAide mobile application, an individual user may top-up credits and use them as parking payments to Service Provider, purchase value passes from Service Provider, make reservations with Service Provider, and enjoy valet services and SOS services offered by Service Provider. The individual user may also find car park information from Service Provider, save and retrieve last location of car with Service Provider, and check for special promotions by Service Provider. With ParkAide web site, users may purchase a slot to advertise their promotions in ParkAide mobile application, and create a fleet account with Service Provider. The credits top-up will be stored as pre-paid parking credits for that particular mobile phone number user. The user can then scan the ParkAide digital QR code display on a ParkAide reader placed at the entry and exit lanes of the car park managed or operated by Service Provider using ParkAide mobile application to enter and exit the car park. Parking charges will be deducted automatically from the top-up credits during the exit scan.
B. The terms and conditions governing credits top-up, value passes, reservations, valet services, SOS services, advertisements and promotions, fleet account and other facilities are regulated by Service Provider from time to time and users should refer to Service Provider web site for such terms and conditions. All notices and signs, directions, and rate changes made by Service Provider shall take precedence over any information that you receive from ParkAide.
C. ParkAide Mobile (M) Sdn Bhd is an independent contractor of Service Provider. We are not an agent of Service Provider and neither is Service Provider our agent.
D. To correctly activate the Service, you must follow the instructions given to you via your mobile phone or online.
E. This page explains the terms by which you may use our online and mobile services, web site, and software provided on or in connection with the Service that is provided by ParkAide Mobile (M) Sdn Bhd (“ParkAide”, “we”, “us”).
G. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Using the ParkAide Service
1. Our Service. ParkAide facilitates the paying for parking to Service Provider, credits top-up, value passes, reservations, valet services, SOS services, advertisements and promotions, fleet account and other facilities with Service Provider by Users of the Service at parking facilities managed or operated by Service Provider. While ParkAide makes every effort to provide accurate information regarding the various facilities listed on the Service, the information provided on the Service about specific facilities is provided by Service Provider, and ParkAide cannot guarantee its accuracy.
2. ParkAide is not a parking company. We provide a Service to enable Users to pay for parking at certain parking facilities managed or operated by Service Provider and other facilities with Service Provider. ParkAide does not own, operate, or maintain the parking and other facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. While ParkAide may have direct or indirect contractual relationships with Service Provider, ParkAide is not responsible for actions taken by Service Provider. ParkAide does not set the parking prices, operate the parking facilities, or determine parking availability. We are not responsible for any consequences arising from not being able to park, delays associated with parking, road closures, or changing traffic conditions.
3. Who can use ParkAide. You may use the Service only if you can form a binding contract with ParkAide, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Because we respect the ParkAide community, the Service is not available to any Users previously removed from the Service by ParkAide.
4. ParkAide Accounts. Creating an account with ParkAide is easy, and gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a ParkAide account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
5. Your responsibility for your account. When creating your account, you must provide us with accurate and complete information. Please be sure to provide us with your up-to-date contact information so we know how to reach you. You may never use another User’s account without permission and you are solely responsible for the activity that occurs on your account including keeping your account password secure. When using ParkAide web site, we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify ParkAide immediately of any breach of security or unauthorized use of your account. ParkAide will not be liable for any losses caused by any unauthorized use of your account.
6. How to control your account. You may control your User profile and how you interact with the Service by logging into your account through the web site www.parkaidemobile.com.my or through the mobile phone application and changing the settings in your “Profile” page. By providing ParkAide your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “Profile” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
7. Changes to the Service. We may, at any time and without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
8. Your interactions with other Users or Service Provider. You are solely responsible for your interactions with other Users or Service Provider. We reserve the right, but have no obligation, to monitor disputes between you and other Users or Service Provider. ParkAide will have no liability for your interactions with other Users or Service Provider, or for any User’s or Service Provider’s action or inaction.
9. Restrictions and responsibilities when using ParkAide.
1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the ParkAide servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that ParkAide grants the operators of public search engines revocable permission to use spiders to copy materials from www.parkaidemobile.com.myfor the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2. You are solely responsible for correctly entering, selecting or scanning any and all relevant parking information, parking zone number or parking facility when you use ParkAide to park your vehicle. Note that use of the Service does not guarantee you a parking space. To correctly activate the Service, you must follow the instructions given to you via your mobile phone or online. You are responsible for ensuring that you have properly activated the Service for the relevant parking facility, space or zone (whichever applicable). You should refer to the terms and conditions governing credits top-up, value passes, reservations, valet services, SOS services, advertisements and promotions, fleet account and other facilities which are regulated by Service Provider at Service Provider web site.
3. In the event that the parking services are unavailable, you must pay the appropriate parking fee that is due by paying on the premises.
4. You understand and agree that ParkAide is not responsible for any fines, parking tickets, penalty notices, and the enforcement of vehicle parking-related offences you incur or receive. You are solely responsible for resolving with Service Provider any issues that you may have regarding the issuance of fines, parking tickets, penalty notices, or your vehicle being impounded.
5. You agree that you will enter and exit parking facilities with due care and caution for the premises, the persons and the vehicles on the premises at all times. Your failure to exercise due care while accessing or on the premises is solely your fault and neither ParkAide nor Service Provider is liable for any injury.
10. Notices or signage posted. All notices and signs or directions made by Service Provider (e.g., the suspension of a parking space) shall take precedence over any information that you receive from ParkAide. Service Provider’s parking regulations apply to you and your use of the Service does not exempt you from following their rules. Parking rates can be changed by Service Provider at any time. Increases or modifications to parking fees are beyond our control. We are not responsible for any fee increases.
11. Disclaimer or damage and injury. We and Service Provider are not responsible for theft, vandalism, acts of God, weather or any damage done by a third party or by the User to the User’s vehicle while parked, attempting to park, or attempting to exit from the parking facility. You agree to and waive all claims of liability against us and Service Provider for any damage or injury to you, your vehicle, and your passenger or passengers that might or does occur while you are entering, parking, parked in or exiting the parking premises. You take responsibility for any parties involved in injuries, or any damage caused to your property or the property of another caused by you once on the parking premises. In the event that you do not remove your vehicle in accordance with Service Provider’s notices or signage, you run the risk of being towed and you accept full responsibility for any costs associated with the towing of your vehicle.
12. Parking Reservations. ParkAide provides reservation services to Users for the sole purpose of providing Users information on the location and apparent availability of parking and assisting them in securing parking at parking locations managed or operated by Service Provider. In response to a User’s request for a car parking bay reservation through the ParkAide application, ParkAide communicates directly with Service Provider regarding such reservation request. The availability of reservations is determined at the time of a User’s query, and ParkAide makes no representation or warranty (i) regarding the accuracy of any data received from Service Provider, or (ii) on behalf of Service Provider in any capacity. ParkAide is in no way affiliated with or under control of Service Provider. You acknowledge that Service Provider have their own policies, terms, and conditions on reservations.
In furtherance of the above, you hereby acknowledge and agree that notwithstanding the assistance that the reservation services provide to you in locating and reserving parking, the ultimate decision to utilize the parking information provided by the reservation services and to park at any car parking bay remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the reservation services and/or deciding to actually park at any car parking bay. Ultimately, the actual allocation of parking spaces is the responsibility of Service Provider.
For the avoidance of doubt, ParkAide does not in any way provide parking service or operate any parking facility. As such ParkAide assumes no responsibility or liability for the safety of any vehicle parked at any particular car parking bay or the safety of any person or property in any car parking bay. Further no guarantee is provided by ParkAide as to the actual availability of a specific parking space and ParkAide will not be held liable in any manner for any delays or other consequences caused by any reserved parking space which turns out to be actually unavailable.
1. User Information In order to create and/or use your ParkAide account you will be required to provide certain information such as: name, email address, telephone number, and any other pertinent information that will assist ParkAide to provide the Service.
ParkAide Content, Our License Grant to You, and Feedback You May Provide
1. ParkAide Content. The Service and all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“ParkAide Content”) are the property of ParkAide . Except as expressly provided in this Agreement, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the ParkAide Content without our permission. Use of the ParkAide Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The ParkAide name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of ParkAide Mobile (M) Sdn Bhd. You may not use any ParkAide trademark or logo without the prior written consent of ParkAide.
2. Our license to you. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. ParkAide reserves all rights not expressly granted herein in the Service and the ParkAide Content. ParkAide may terminate this license at any time for any reason or no reason.
3. Feedback you provide. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting Feedback you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ParkAide under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ParkAide does not waive any rights to use similar or related ideas previously known to ParkAide, or developed by its employees, or obtained from sources other than you.
1. Our Mobile Software. We make available the mobile software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. ParkAide does not warrant that the Mobile Software will be compatible with your mobile device. ParkAide grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one ParkAide account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that ParkAide may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ParkAide or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Software (and any copy of the Mobile Software). You agree to comply with all Malaysian and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of the Mobile Software.
2. Mobile Software from iTunes. The following also applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and ParkAide, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ParkAide as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to ParkAide as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, ParkAide, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and ParkAide acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
3. Uptime. ParkAide makes no guarantees with respect to the availability or uptime of the ParkAide web site or the Mobile Software. ParkAide may conduct maintenance on any of the foregoing at any time with or without notice to you.
Privacy and Security
Use of mobile phone while driving can be dangerous
PLEASE NOTE THAT OPERATING A MOBILE PHONE OR ANY OTHER DEVICE WHILE DRIVING CAN BE DANGEROUS AND WE ADVISE YOU NOT TO USE THIS SERVICE WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD PARKAIDE HARMLESS FROM ANY OR ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS OR INJURY RELATED TO USE OF THIS SERVICE OR THE ACCOUNT WHILE OPERATING ANY KIND OF VEHICLE.
You agree to defend, indemnify and hold harmless ParkAide and its subsidiaries, agents, licensors, managers, independent contractors, suppliers and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PARKAIDE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
PARKAIDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PARKAIDE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PARKAIDE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARKAIDE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PARKAIDE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARKAIDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PARKAIDE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PARKAIDE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARKAIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in Malaysia. ParkAide makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Malaysian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Malaysia.
1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ParkAide without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Malaysia; and (ii) the Service does not give rise to jurisdiction over ParkAide in jurisdictions other than Malaysia. This Agreement shall be governed by the substantive laws of Malaysia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the jurisdiction of any court located in Malaysia, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
3. Arbitration. In the unlikely event that ParkAide has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any ParkAide’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) in Kuala Lumpur under the arbitration rules then in effect for the KLRCA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable solicitors’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing ParkAide from seeking injunctive or other equitable relief from the courts as necessary to protect any of ParkAide’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PARKAIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
5. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with ParkAide in connection with the Service, shall constitute the entire agreement between you and ParkAide concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
6. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ParkAide’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
7. Contact. Please contact us at www.parkaidemobile.com.my with any questions regarding this Agreement.
This Agreement was last modified on 10 September 2019.
Product Features, Terms and Conditions
In the Mobile Application
1.1 A User can use credits via ParkAide mobile application only.
1.2 One credit is valued at RM1.00. The value of a credit may be changed from time to time with prior notice to Users.
1.3 Credits purchased are not refundable.
1.4 Credits purchased are valid for a period of 12 months only.
1.5 Credits shall be used only for casual parking, purchase of Car Park Value Passes, reservations via Book a Bay, Valet Express payments and any other Services offered by Service Provider from time to time.
1.6 Credits can be purchased with credit card via an authorised payment gateway only. The credits that a User has purchased will be credited into the User’s account at the time of purchase.
1.7 All unused credits that have exceeded their validity period will be inactive. To extend the validity period of unused credits, the User must top up the credits. Top up credits (including the unused credits) are valid for a period of 12 months only. Inactive credits will be forfeited after 7 years. Credits will be inactive for 6 months when the User closes his account or changes his mobile phone number. If the User does not request Service Provider to reactivate his account within 6 months, his credits will be forfeited.
1.8 Credits are transferable by User that made the purchase via ParkAide mobile application.
1.9 Credits cannot be exchanged or used for any purposes other than for purposes of the Services offered by Service Provider. The number of Credits required for the Services shall be decided by Service Provider and notified to Users accordingly.
2. Parking reservation – Book a Bay
2.1 A User can use Book a Bay service in the ParkAide mobile application to reserve a car park with Service Provider. When a reservation is submitted, the quoted rate is fixed. The User agrees to abide by the terms and conditions of the purchase imposed by Service Provider with whom a reservation is made, including without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by Service Provider.
2.2 Payment for Book a Bay service is made when the reservation is confirmed.
2.3 A User needs to register in ParkAide his vehicle registration number, expected arrival time and expected duration for the use of the car park bay provided by Service Provider.
2.4 Payments shall be made using credits only which include the standard parking charges to park at the parking facility plus reservation fees and/or surcharge as determined by Service Provider.
2.5 Additional standard parking charges shall apply to the User who parks beyond the duration booked.
2.6 If the User cancels his reservation, the reservation fees and/or surcharge will not be refunded. The standard parking charges will be refunded only if the User cancels his reservation at least one hour before the expected arrival time, otherwise all sums paid shall be forfeited.
2.7 The parking charges, reservation fees and/or surcharge are subject to changes as determined by Service Provider from time to time with prior notice to Users.
2.8 The Book a Bay service may be offered or withdrawn by Service Provider at any time without prior notice to Users.
3. Valet Express
3.1 A User can use Valet Express service in the ParkAide mobile application to reserve valet service with Service Provider.
3.2 Payment is made when the reservation for Valet Express service is confirmed.
3.3 A User needs to register his vehicle registration number and expected arrival time in ParkAide.
3.4 Payments shall be made using credits only for the service charge as determined by Service Provider.
3.5 If the User cancels his reservation, the service charge will not be refunded.
3.6 The service charge is subject to changes as determined by Service Provider from time to time with prior notice to Users.
3.7 The Valet Express service may be offered or withdrawn by Service Provider at any time without prior notice to Users.
4. Value Passes
4.1 Service Provider sells value passes via ParkAide mobile application that can be used to redeem for Services offered by Service Provider.
4.2 Value passes allow the User to pay for Services at discounted rates.
4.3 Value passes charges and any surcharge are determined and may be changed by Service Provider from time to time with prior notice to Users.
4.4 Value passes sales may be offered or withdrawn by Service Provider at any time without prior notice to Users.
4.5 Value passes can only be purchased by using credits.
4.6 Once a User has made a purchase, the value pass is redeemable by the User from Service Provider. The User needs to select and utilise a purchased value pass upon exiting from the Service Provider car park.
4.7 Value passes are available only for Users of ParkAide.
4.8 Value passes are transferable and must be redeemed within the period of their validity and unused value passes are not refundable and shall be forfeited.
4.9 All value passes are subject to individual terms and conditions of use provided by Service Provider.
4.10 Reproduction, sale, resale or trade of a value pass is prohibited. Any attempt to carry out any of these may render the value pass void at Service Provider’s discretion.
5.1 SOS service may incur charges to be determined by ParkAide from time to time with prior notice to Users.
5.2 To activate the SOS service, the User needs to turn on the ParkAide application first. The User must also turn on the emergency SMS mode and set up an emergency telephone number in Malaysia. In the event of an emergency, he must shake his mobile phone.
5.3 A SMS will be sent to the emergency telephone number in Malaysia as to the last location of the User. A notification will also be sent to Service Provider only if the User is in Service Provider’s car park and only if Service Provider provides the SOS service.
5.4 The SOS service cannot be relied upon for emergency calls, such as calls made to law enforcement agencies, fire brigade or other emergency services.
5.5 Service Provider and ParkAide shall not be held responsible or liable for any loss or damage incurred or suffered due to the non-service of the SOS service.
5.6 For the SMS transmission time, its reliability depends on the telephone network provider. Service Provider and ParkAide shall not be held responsible for any loss or damage incurred or suffered due to the non-service of the telephone network.
6. Find Your Car
6.1 Find Your Car information is provided by Service Provider and enables the User to store, either by scanning the QR code on the pillar in the Service Provider car park or manually, the location of the parking spot. Once the information is entered, it will be saved and displayed on Find Your Car tab in the ParkAide mobile application.
6.2 This feature is provided free of charge.
In the Web Site
7. Fleet Account
7.1 Fleet Account is a parking payments account that operates under a User’s account with multiple Users.
7.2 A User can register an account in ParkAide web site and create an account under Fleet Account Users. Once an account is registered, the User can set the limit and determine the number of authorised Fleet Account Users under the account.
7.3 Payments of registration fees and parking charges shall be made via the selected payment gateway only.
7.4 ParkAide will send notification email to the User when the credit limit is about to be exceeded.
7.5 The Fleet Account service is provided up to the limit of the available credits in the Fleet Account.
7.6 The minimum value of credits to be retained in the Fleet Account at any time shall be RM25.00 per Fleet Account User. The Users will be denied entry into any Service Provider car park if the Fleet Account is below the minimum value level.
7.7 The User may check the monthly itemized bill detailing all transactions under the Fleet Account by login to his account.
7.8 Parking history of every vehicle (time, place, date, duration and total charges) under the Fleet Account shall be recorded which the User may retrieve at any time.
8. Customers Connect
8.1 The Tenant/Retailer shall bear all responsibility regarding the contents and/or services advertised. Such contents and/or services shall be governed by the terms and conditions which are set by ParkAide.
8.2 The Tenant/Retailer must register at ParkAide web site and must have a valid account to place advertisements in the ParkAide mobile application.
8.3 To place an advertisement, the Tenant/Retailer must login using an email address and a password on a standard browser only. The Tenant/Retailer must select his preferred car park site for his advertisement.
8.4 Advertisement placements and biddings are to be paid to ParkAide by credit card through an authorised payment gateway only.
8.5 The Tenant/Retailer can bid only once during the placement windows period between the 1st and the 7th day of each month.
8.6 ParkAide shall set a floor rate which would be the minimum rate Tenants/Retailers may bid on. Bids below the floor rate will not be considered.
8.7 Ranking announcement and placement is between the 8th and the 15th day of each month.
8.8 All advertisements contents will be deliberated and shall be approved by ParkAide between the 16th and the 24th day of each month. Advertisements contents which are approved by ParkAide will be published in the ParkAide mobile application for the entire duration of the following month.
8.9 The Tenant/Retailer may re-submit the contents of advertisements which were rejected by ParkAide between the 16th and the 24th day of each month.
8.10 Advertisement ranking is based on the bidding value.
8.11 Only the top 10 highest bids for advertisements will be displayed on the front page of the ParkAide mobile application.
8.12 All advertisements charges are neither refundable nor transferable, including rejected advertisements.
8.13 ParkAide has the sole and absolute discretion to reject, omit, suspend or change the position of any advertisements, including but not limited to the following reasons:
(a) Insufficient details;
(b) Inflammatory religious, racial or discriminatory content;
(c) Political agendas and/or any association with criminal and/or terrorist activities;
(d) Hate speech, whether directed at an individual or a group and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity or language of such individual or group;
(e) Advertisements which do not comply with the specifications of ParkAide;
(f) Advertisements which are vague or confusing, indecent or comparable or similar to other advertisements;
(g) Advertisements which are not from relevant Tenants/Retailers of the premises where the advertisements are to appear; and/or
(h) Advertisements for businesses which contravene the laws of Malaysia.
9. Loyalty Vouchers
9.1 Loyalty Vouchers are issued by Service Provider which can be purchased in bulk by Tenants/Retailers or individuals.
9.2 Purchase of Loyalty Vouchers can only be made from Service Provider on the web site using credit card payment via an authorised payment gateway.
9.3 A QR code will be generated on the web site once the transaction is completed, which the Tenant/Retailer or individual can print out. There may be multiple vouchers in one QR code for each purchase. The QR code will be void once all purchased Loyalty Vouchers are used up.
9.4 Purchased Loyalty Vouchers are not refundable. Unused Loyalty Vouchers exceeding their validity period shall be forfeited.
9.5 To retrieve the Loyalty Vouchers, the User can scan the QR code. To use the Loyalty Vouchers, the User shall select and utilise the retrieved Loyalty Vouchers using ParkAide mobile application upon exiting the Service Provider car park.
9.6 The User can login to his Loyalty Vouchers account and retrieve transactions statement on the use of his Loyalty Vouchers at any time.
This Product Features was last modified on 10 September 2019.