Terms of Agreement
1. We are authorized by the Owner to accept payment from you on the Owner's behalf. You agree that we have no responsibility for the Parking Space other than to provide the Services under this Agreement which includes collecting payment on behalf of the Owner. We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Owner during the Rental Period.
2. You are responsible for correctly entering the relevant meter number, which is indicated on the sign where your vehicle is parked. The meter number informs us of the rate to charge you and of any time restrictions on the amount of time you are permitted to park your vehicle in that space. Note that use of the Parking Services does not guarantee you a parking space and you may only activate the Parking Services after you have found an available space.
3. You know that My-Meter has validly accepted your parking transaction when you have received confirmation following payment. You are responsible for ensuring that you have properly activated the Parking Services before you leave your vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or Internet that the vehicle is validly parked.
4. All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from My-Meter if for any reason the information is inconsistent. All applicable parking regulations apply to you and your use of the Parking Services does not exempt you from following such rules.
5. In the event that My-Meter.com is unavailable, you are not excused from paying for parking for time spent in the associated parking stall and facility.
6. The use of My-Meter.com may require use of a mobile device and phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto.
7. My-Meter.com may not work with all devices or all mobile carriers. My-Meter makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services.
8. We may provide connectivity or links to other third-party services. My-Meter has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms of those third parties.
9. You have primary responsibility for your own safety and the safety of your vehicle during the License Period. The Owner is not responsible for ensuring the safety of the Driver or the vehicle.
10. You represent, warrant and agree that You will:
(a) keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
(b) park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
(c) notify the Owner or JustPark of any damage to the Parking Space during the License Period as soon as it occurs;
(d) not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Owner or to the owner or occupier of neighboring property;
(e) not conduct any illegal or immoral activity from the Parking Space;
(f) not conduct any business or commercial activity whatsoever from the Parking Space;
(g) not use the Parking Space for any purpose other than for parking;
(h) maintain insurance on the vehicle as required by applicable law;
(i) indemnify and hold harmless the Owner against all loss, liability, damages, costs and expenses arising from the Driver's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Owner; and
(j) act with courtesy towards the Owner.
11. You acknowledge that the Parking Space is someone else's property and agree not to access any other part of the property to which the Parking Space is attached.
12. My-Meter and its employees and agents (“Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on Our Website. My-Meter and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform.
13. No oral or written information or advice given by My-Meter or any authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty.
14. YOU AGREE THAT MY-METER AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM., EVEN IF MY-METER OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MY-METER AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MY-METER'S DEFENCE OF ANY CLAIM. MY-METER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact My-Meter via email at email@example.com.