General Terms and Conditions

 

ParkOwl by Smartsum Terms Of Use

Please read these Terms of Use carefully before using the services offered by Smartsum Technologies (“ParkOwl”), a company registered in Netherlands. These terms of use set forth the legally binding terms and conditions for your use (as “Customer(s)”) of the services offered by Smartsum Technologies  website at https://www.parkowl.nl and the ParkOwl Android and iOS apps (the “Platform”) and the services, features, content, applications or widgets offered by ParkOwl (collectively with the platform, the “Service”). These Terms of use can be downloaded and printed via https://www.parkowl.nl.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by ParkOwl, each of which is incorporated by reference and each of which may be updated by ParkOwl from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the Customer does not agree to an amendment, it has the right to terminate the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by ParkOwl from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all Customers of the Service, including, without limitation, Customers who are contributors of content, information, and other materials or services on the Platform, individual Customers of the Service, businesses that access the Service, and Customers that have a page on the Service.

Access

Subject to these Terms of Use, ParkOwl may offer to provide the Services, as described more fully on the Platform, and which you select as Customer, solely for your own use (not for the use or benefit of any third party). Services shall include, but not be limited to, any services ParkOwl performs for you, any applications offered by ParkOwl that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store and Google Play

Store) authorized by ParkOwl, as well as the offering of any materials displayed or

performed on or through the Services (including content (as defined below)).

Registration and Eligibility

You may browse the Platform and view content without registering, but as a

condition to using certain aspects of the Service, you are required to register and

become a Customer with ParkOwl and represent, warrant and covenant that you

provide ParkOwl with accurate and complete registration information (including,

but not limited to Name, Phone number, e-mail address and a password you

will use to access the Service) and to keep your registration information accurate

and up-to-date. Failure to do so shall constitute a breach of these Terms of Use,

which may result in immediate termination of your ParkOwl account. 

ParkOwl Content

The Service contains content specifically provided by ParkOwl or its partners and

such content is protected by all intellectual property rights and associated rights,

including copyrights, trademark rights, patent rights, design rights, trade name rights,

database rights, and neighbouring rights, as well as rights to knowhow (“Intellectual

Property Rights”). You shall abide by and maintain all copyright notices, information,

and restrictions contained in any content accessed through the Service. Subject to

these Terms of Use, ParkOwl grants each Customer of the Platform and/or Service a

worldwide, non-exclusive, non-sublicensable and non-transferable license to use,

modify and reproduce the content, solely for personal, non-commercial use. Use,

reproduction, modification, distribution or storage of any content for other than

personal, non-commercial use is expressly prohibited without prior written

permission from ParkOwl, or from the Intellectual Property Right holder, as

applicable. You shall not sell, license, rent, or otherwise use or exploit any content

for commercial (whether or not for profit) use or in any way that violates any third

party right.

Customer Submissions

Content uploaded, submitted, distributed, added, created, posted or otherwise

obtained through the Service by Customers, including content that is added to the Service

in connection with Customers linking their accounts to third party websites and services, is

collectively referred to as, "Customer Submissions."

Public and Private Customer Submissions

Customer Submissions that are, or ever have been, part of a trip that has an “Everyone”

privacy level, or that are not part of a trip (for example your hometown or Customer bio

text) are collectively referred to as “Public Customer Submissions”. Customers Submissions

that are (and always have been) part of a trip that has an “Only me” or “Only

followers” privacy level, are collectively referred to as “Private Customer Submissions”.

Customers and/or Third Party Media that you granted access to your trip, for example by

accepting them as your follower, by (either directly or indirectly) sharing your secret

link with them, or by setting your trip’s privacy level to public, are collectively referred

to as “Authorised Customers”.

Use of Public Customer Submissions

We may use your Public Customer Submissions in a number of different ways in

connection with the Platform, Service and ParkOwl’s business as ParkOwl may

determine in its sole discretion, including but not limited to, publicly displaying it,

reformatting it, incorporating it into marketing materials, advertisements and other

works, creating derivative works from it, promoting it, distributing it, and allowing

other Customers to do the same in connection with their own websites, media platforms,

and applications (“Third Party Media”).

Licenses

When customer provides Customer Submissions on ParkOwl application, customer will hereby do and shall grant ParkOwl a worldwide, non-exclusive, royalty-free,

fully paid, sublicensable and transferable license to use, copy, edit, modify,reproduce, analyse, distribute, prepare derivative works of, create a photo album of, display, translate, perform, and otherwise fully exploit the Customer Submissions in connection with the Platform, the Service and ParkOwl’s (and its successors and assigns') business, including without limitation for redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and with any Authorised Customers through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each Authorized Customer, including Third Party Media, a non-exclusive license to access your Customer Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such Customer Submissions in connection with their use of the Platform, Service and Third Party Media. For clarity, the foregoing license grant to ParkOwl does not affect your other ownership or license rights in your Customer Submission(s), including the right to grant additional licenses to the material in your Customer Submission(s), unless otherwise agreed in writing with ParkOwl. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the

Platform is the sole responsibility of the person from which such content originated;

that ParkOwl will not be liable for any errors or omissions in any content; and that

ParkOwl cannot guarantee the identity of any other Customers with whom you may

interact in the course of using the Service.

Deletion of Customer Submissions

When you delete your Customer Submissions, they will be deleted from the Service. All the personal data will be deleted. ParkOwl may use your personal data for any purpose after Aggregating the data. 

Data Privacy

ParkOwl processes any personal data it obtains as part of the Agreement, or while handling of a Customer’s query or request, in accordance with the terms of the Agreement and applicable privacy laws and legislation. We advise you to consult the applicable ParkOwl privacy policy for further information on how ParkOwl processes customer’s personal data (see https://parkowl.com/privacy).

Booking

In some parking areas Booking has to be done in advance (in accordance with that car parking).  Post Booking a car park for a certain time period, customer shall enter premises of car park before the Booking period (time) expires. Once a booking is done, it cannot be withdrawn, changed or cancelled, as communicated in the Booking process. Once completed, a Reservation cannot be terminated, changed or withdrawn, as communicated to the Customer in the Booking process. Refunds will not be given by ParkOwl with respect to any Reservation, as Section 6:230p(d) of the Dutch Civil Code applies. A refund will be provided by ParkOwl in exceptional situations in which ParkOwl is unable to meet the Customer’s request regarding a Booking (i.e. no parking spot available), the Customer is entitled to a refund of the Reservation tariff, provided that the Customer notifies ParkOwl without undue delay via support@parkowl.nl. Except when asked by a member of ParkOwl staff not to do so in the case of emergency, the Customer must ensure that his Vehicle is left securely locked with all windows closed and any Vehicle alarm, steering lock or similar device fitted is engaged. ParkOwl is neither responsible nor liable for any consequence or loss arising from a failure by the Customer to properly secure his Vehicle.

For video surveillance cameras may be installed in the Car Park at ParkOwl’s discretion to assist in its proper running. ParkOwl acknowledges that the cameras may act as a deterrent to criminal activity, but does not make any representation as to the coverage provided or guarantee of the security of the Customer’s Vehicle if the video surveillance cameras are installed in the Car Park. Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkOwl is not liable for any theft by third parties from the Customer’s Vehicle.

Rules and Conduct

Customer should follow below guidelines for effective management of car park

1. Park within the marked area (and if designated, park only in ParkOwl’s area).

2. Customer should follow individual rules of car park (eg. signs in the car park area).

3. Customer should not park in areas marked for parking by differently abled and electric vehicle.

4. Customer has to pay for parking as defined by rules in parking reservation fee.

5. In case of the breach of the rules a fine of 50 Euro per breach shall be collected by ParkOwl. When you park in car park, you provide consent to that car park to do CCTV surveillance on you and your car. 

6. In case where if the car park and/or the equipment in the Car Park is damaged by the customer, his Vehicle, its contents or the passengers in the Vehicle then, except where the damage arises as a direct result of ParkOwl’s wilful intent or negligence, customer is responsible and liable for any damages and shall indemnify ParkOwl from any third party claims in this respect.

7. When Customer’s vehicle gets damaged, stolen or belongings gets stolen from car in the Car Park -  

  1. Immediately notify ParkOwl’s customer support at support@parkowl.nl or reach out to us through our website www.smartsum.nl;
  2. In case of theft inform police;
  3. Notify insurers.

8. Claims against ParkOwl or complaints about the Service, should be addressed to the support@smartsum.nl

9. Separate notices extra traffic orders, rules or other legislation will be displayed in the Car Park specifying the relevant order, rule. ParkOwl reserves the right to take enforcement action against Customer (including through court proceedings) for breach of such order, rule or legislation.

10. Customer is not entitled to remain in his Vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing the Vehicle. After Customer has parked his Vehicle, Customer must proceed immediately to the nearest passenger lift, staircase or exit, following the recommended route (if any). The Customer must not, in any case, exit the Car Park by walking under a Vehicle exit barrier, unless the Car Park does not offer another exit and requires the Customer to exit through or by circumventing the entrance.

11. ParkOwl reserves the right to refuse the entry of any Vehicle in the Car Park for any reason whatsoever.

12. ParkOwl reserves the right to move Customer’s car within the Car Park using whatever method we consider appropriate (even if, damage is caused to Customer’s Vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park.  In the event the time the Vehicle is parked in the Car Park exceeds the amount of time allowed in the Car Park, as specified to the Customer through the Service ParkOwl reserves the right to move Customer’s Vehicles within or remove them from the Car Park (even if, damage is caused to Customer’s Vehicle).

13. ParkOwl reserves the right to use a lawful authority to remove any Vehicle to another reasonably convenient car park, whether or not operated by ParkOwl, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of ParkOwl’s control, or if the Car Park has to be evacuated in an emergency.

14. To the extent that it is necessary to do so in the exercise of the rights conferred upon ParkOwl in this clauses of Rules and Conduct, ParkOwl reserves the right to drive or otherwise take your Vehicle onto a public highway. 

15. ParkOwl is entitled to regard as abandoned any Vehicle left in the Car Park for more than 30 days without prior notification and which is not known by ParkOwl to be covered by a current valid season or other ticket or booking ParkOwl reserves the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the Vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned Vehicle.  Before proceeding with the disposal or sale of abandoned Vehicles ParkOwl will refer the matter to the appropriate authorities, which may include the local police and the RDW; and affix a notice to the Vehicle at least ten (10) days before the date on which ParkOwl proposes to remove the Vehicle stating that the Vehicle will be removed and sold when that period expires. Abandoned Vehicles will be disposed of as waste or sold by auction. Where sold by ParkOwl, the proceeds of sale will be applied in and towards satisfaction of all sums owing to ParkOwl together with the expenses of sale and ParkOwl’s reasonable storage and removal costs for the period during which the Vehicle is in ParkOwl’s possession. Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by ParkOwl on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.

16. Customer must not tow any Vehicle into the Car Park except as part of services offered at the Car Park by persons authorised by ParkOwl and no work on and no cleaning of Vehicles by the Customer or the Customer’s agent, other than with ParkOwl’s prior specific permission, is permitted in the Car Park. In the event of Vehicle breakdown the Customer must contact the Car Park attendant to ensure that the Vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park. No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without ParkOwl’s prior specific written permission. Customers are also not allowed to pour or take petrol from Vehicle whilst it is in the Car Park. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park. Anti-social behaviour will not be accepted in ParkOwl’s Car Parks, including (but is not limited to) drinking alcohol, taking or dealing in illegal substances, fighting and/or loitering. If Customers cause a nuisance or disturbance to others it may be recorded by video surveillance cameras and action may be taken against them.Customers should not take photos or carry out any filming within the Car Park without ParkOwl’s written consent.

Feedback 

ParkOwl welcomes your feedback regarding ParkOwl’s existing business. If you

want to send us your feedback, and we hope you do, we simply request that you

send it to us at support@parkowl.nl. Please provide only specific feedback on

ParkOwls’ existing products or marketing strategies; do not include any ideas that

ParkOwls’ policy will not permit it to accept or consider. Any feedback you provide

to ParkOwl or any of its employees shall be deemed to be non-confidential.

ParkOwl shall be entitled to the unrestricted use of the feedback for any purpose

whatsoever, commercial or otherwise, without compensation or attribution to you.

Third Party Sites and Services

The Service ay permit Customers to link to other websites, apps, services or resources

on the Internet, and other websites, services or resources may contain links to the

Platform. When you access third party websites, you do so at your own risk. These

other websites are not under ParkOwl's control, and you acknowledge that

ParkOwl is not responsible or liable for the content, functions, accuracy, legality,

appropriateness or any other aspect of such websites or resources. You acknowledge and agree that ParkOwl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Payment 

Customer must, depending on the payment methods available, pay the parking tariff using and via Third Party Applications in which the Service is integrated. ParkOwl reserves the right to use other payment methods via the Service. The parking ticket is only valid for the Vehicle in respect of which it is issued.

Parking Reservation Fee

The parking tariff payable by Customer is displayed on the tariff board in the ParkOwl application. The applicable fee payable by Customer for a Booking will be displayed in the application and has to be agreed upon, for order to successfully complete a Booking. Depending on how a Booking is made, the Booking fee will have to be paid either in advance, directly to ParkOwl, or afterwards, for example through Third Party Applications. Unless agreed otherwise, Customer is obliged to pay the parking tariff and Reservation fee and to comply with any instructions on the tariff board as supplemented by these Terms, and failure to do so may result in us issuing you with a Parking Charge Notice as called out in Rules and Conduct in this agreement. ParkOwl is at all times entitled to change the parking tariffs and Reservation fee in a reasonable manner and to the extent permitted by law.

ParkOwl Wallet

Credit issued by ParkOwl has no cash value and is not exchangeable to cash. Customer can use the ParkOwl credits for purchases done on the ParkOwl application.  ParkOwl credit is valid for 1 year from the date of last purchase, or if the Customer has not purchased, from the date of registration as a ParkOwl Customer. If your ParkOwl credit expires, it will be removed from your ParkOwl account.

ParkOwl Coupon 

ParkOwl may offer you promotional coupon codes (“Coupon Codes”), which give

you a discount when booking a parking slot. Any Coupon Code issued to you by

ParkOwl has no cash value and is not exchangeable as cash. ParkOwl Coupon

Codes may be redeemed towards future purchases using your ParkOwl account,

and you can enter your Coupon Code at the last step of the checkout process. Only

one Coupon Code can be used per order. Coupon Codes are valid until the date

mentioned on the Coupon Code, or otherwise until 6 months after you have first

received the code. Coupon Codes cannot be applied to shipping and processing,

taxes, previous purchases or other products on the ParkOwls Platform. Additional

charges may apply for import taxes, unless otherwise specified. We reserve the right

to change or cancel the terms and/or value of Coupon Codes at any time without

notice.

Disputes

You must notify us in writing within seven (7) days after receiving your credit card

statement, if you dispute any of our charges on that statement or such dispute will be

deemed waived. Such notification shall be sent to the following address: Galerij 126, 1181 Amstelveen, Netherlands or via email at support@parkowl.nl.

Returns

All sales are subject to ParkOwl’s then-current return policies.

Termination

ParkOwl may terminate your access to all or any part of the Service at any time,

with or without cause, with or without notice, effective immediately, which may result

in the forfeiture and destruction of all information associated with your membership.

If you wish to terminate your account, you may do so by following the instructions on

the Platform. Any fees paid hereunder are non-refundable. All provisions of these

Terms of Use which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers,

indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless ParkOwl, its affiliates and each of

its and its affiliates' employees, contractors, directors, suppliers and representatives

from all losses, costs, actions, claims, damages, expenses (including reasonable

legal costs) or liabilities, that arise from or relate to your use or misuse of, or access

to, the Platform, Service, content or otherwise from your Customer Submissions, violation

of these Terms of Use, or infringement by you, or any third party using the your

account, of any Intellectual Property Right or other right of any person or entity (save

to the extent that a court of competent jurisdiction holds that such claim arose due to

an act or omission of ParkOwl). ParkOwl reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ParkOwl in asserting any available defenses.

Liability

ParkOwl’s liability, whether based upon (attributable) default, unlawful act or any

other ground, is excluded.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form

shall be admissible in judicial or administrative proceedings based upon or relating to

these Terms of Use to the same extent and subject to the same conditions as other

business documents and records originally generated and maintained in printed

form. You and ParkOwl agree that any cause of action arising out of or related to

the Service must commence within one (1) year after the cause of action arose;

otherwise, such cause of action is permanently barred. These Terms of Use and any

disputes or claims arising out of or in connection with it shall be governed by, and

construed in accordance with, the laws of The Netherlands. All disputes or claims

arising out of or relating to these Terms of Use shall be subject to the exclusive

jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and ParkOwl with

respect to the Service and use of the Platform, Service, content and Customer

Submissions, and supersede all prior or contemporaneous communications and

proposals (whether oral, written or electronic) between you and ParkOwl with

respect to the Platform. If any provision of these Terms of Use is found to be

unenforceable or invalid, that provision will be limited or eliminated to the minimum

extent necessary so that these Terms of Use will otherwise remain in full force and

effect and enforceable. The failure of either party to exercise in any respect any right

provided for herein shall not be deemed a waiver of any further rights hereunder.

Waiver of compliance in any particular instance does not mean that we will waive

compliance in the future. In order for any waiver of compliance with these Terms of

Use to be binding, ParkOwl must provide you with written notice of such waiver

through one of its authorized representatives.

Changes of Terms of Use

ParkOwl reserves the right, at its sole discretion, to modify or replace any of these

Terms of Use, or change, suspend, or discontinue the Service (including without

limitation, the availability of any feature, database, or content) at any time by posting

a notice on the Platform or by sending you notice through the Service or via email.

ParkOwl may also impose limits on certain features and services or restrict your

access to parts or all of the Service without notice or liability. It is your responsibility

to check these Terms of Use periodically for changes. Your continued use of the

Service following the posting of any changes to these Terms of Use constitutes

acceptance of those changes.

Contact

You may contact ParkOwl at the following address: Galerij 126, 1181 Amstelveen, Netherlands is registered with the Chamber of Commerce in the Netherlands under

Number / KVK 74281097, Vestigingsnr. 000042252822

Download

You can download our terms as PDF here.

Definitions

  1. “Booking” mean means the online reservation via the Service by Customer of any parking spot (not being a designated parking spot) in a Car Park on a particular date and time, by providing ParkOwl with the personal data required for ParkOwl to process the reservation;
  2. “Intellectual Property” means, collectively, Marks, inventions, techniques, methods, works of authorship, know-how, publicity rights, trade secrets, proprietary rights, and all other intellectual property rights related thereto.
  3. “Parking Location” means the location or locations of a Transaction Entity’s, on-street parking, off-street parking, gated parking, reservation parking, parking lots, parking decks, permitted parking, and other facilities where you may park.
  4. “Privacy Policy” means our Privacy Policy, which is posted on our Site at https://parkowl.nl/privacy-policy/, as updated, amended, or revised as provided therein.
  5. Customer” means the person accessing or using the Platform.
  6. Platform”  means, our App or Site, together with any future updates, changes or additions thereto.
  7. Vehicle” means Customer’s car.
  8. Marks” whether registered or unregistered, all patents, trademarks, trade names, servicemarks, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices; any pending applications for seeking registration or grant of rights; and any other intellectual property or proprietary notices.
  9. Terms” mean these Terms of Use, as updated, revised, or amended from time to time.
  10. Services” mean, collectively, our backend technologies, functions, servers, databases and our other products, services, content, features, technologies, applications, and related websites or other applications.