The ParkYa Phone Application:
By downloading any application from Predict Insight ltd., (here after referred to as “ParkYa”), installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (the “Terms and Conditions”).
Use of Application
ParkYa grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that ParkYa has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
The Application should not be used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Application could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) ParkYa and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter ParkYa or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
Usage, refusal or suspension of service (mainly registration information)
If you elect to register for an account with ParkYa, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your ParkYa account login information and are fully responsible for all activities that occur under your ParkYa account. You agree to immediately notify ParkYa of any unauthorised use, or suspected unauthorised use of your ParkYa account or any other breach of security. ParkYa cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ParkYa reserves the right, but has no obligation, to have our systems monitor any user’s use of the Application, including a user’s registration or invite-a-friend attempts. Accordingly, ParkYa also reserves the right to (a) disable any user’s use of or access to the Application, including the profiles of other users, or (b) terminate any user’s account, for any reason and without any notice.
ParkYa does not control the content of user accounts and profiles. ParkYa has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Application.
ParkYa reserves the right to refuse access to any user, for any reason and without any notice.
Termination and Suspension of Application Use
These Terms and Conditions will continue to apply until terminated by either you or ParkYa as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from ParkYa or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
We may terminate these Terms, or terminate, suspend or restrict your access to the Application, in the event you violate any of the Terms, or for any other reason (or for no reason), which termination, suspension or restriction may be with or without notice. Upon termination or suspension, your right to access the Application will immediately cease. We may discontinue, temporarily or permanently, all or part of the Application with or without notice. If your access to the Application is suspended or terminated by us you agree that you will not attempt to access the Application by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval which we may grant or withhold in our sole discretion. We reserve the right to terminate services and suspend or restrict access to Application at any time with or without notice.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless, ParkYa, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
The foregoing indemnity obligations will survive any termination of the Terms or your use of the Application. ParkYa reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of ParkYa, which may be granted or withheld in its sole discretion.
Disclaimer of warranties
You expressly understand and agree that your use of the application is at your sole discretion and risk and that the application is provided as is and as available without warranty of any kind.
You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use.
The company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the application.
The application is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage.
Limitation of Liability
You expressly understand and agree that ParkYa, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the application, including any loss of data or damage to your mobile device, whether or not parking defenders or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
ParkYa does not warrant that the website and/or smartphone application will be available uninterrupted, that will always be error-free or that the server that the website and smartphone application is hosted is free of viruses or errors. The User agrees that ParkYa is not held liable for any loss or damage to the User and business activities undertaken through the website and smartphone application in case of failure or interruption of the website or any of its contents. The User agrees that ParkYa is not held liable for any damages or injury caused to the User’s computer, data or telecommunications systems, as a result of use of the website and smartphone application.
The Application is not to be used while driving nor in any other circumstance that puts the user at risk of injury. While effort is made to assure the accuracy of the information presented the user is responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will ParkYa assume any responsibility for the consequences of driving decisions made by users.
These Terms and Conditions constitute the entire Agreement between you and ParkYa relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and ParkYa regarding the Application.
The failure of ParkYa to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to ParkYa.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
The rights granted in these Terms and Conditions may not be assigned or transferred by either you or ParkYa without the prior written approval of the other party. Neither you nor ParkYa are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
Changes to the terms