Website and Service Terms and Conditions
1. Primal Parking
"Primal Parking" means Primal Parking Limited (also referred to as "we" or "us"), a company registered in England and Wales with company number 07772414 and whose registered office is at 18 Bath Street Bolton, Lancashire, BL1 2DJ. Primal Parking provides a marketplace for the rental of parking spaces ("Spaces") through primalparking.co.uk and its sub-domains ("Website").
"Owner" means a User who advertises a Space as available for rent to a Parker through the Website.
"Parker" means a User who seeks to and/or does enquire as to the availability of a Space advertised by an Owner through the Website.
"User" means any user of Primal Parking (whether registered or not and including an Owner and/or a Parker).
Words in the singular include the plural and in the plural include the singular
3. Use of the Website
Important - who you are contracting with
Primal Parking acts as a marketplace only in respect of advertising Spaces, introducing Users and facilitating the rental of such Spaces between Users ("Services").
By proceeding to use the Website, you accept that any contract and/or transaction that you enter into in respect of any Space will be on terms and conditions to be agreed between you and the relevant User. Users are wholly responsible for completing any and all transactions participated in pursuant to any introduction through the Website. Primal Parking provides a template document available for purchase for £30 to assist an Owner and a Parker reaching such agreement. Such document is a framework only and should be tailored to the particular needs of each User in a particular situation. The template document provided is in no way represented as being a document that is fit for purpose for any particular User, nor should it be deemed to offer any advice (whether legal or otherwise) to any User. You accept that we have not in any way selected or assembled your parking arrangements for you. You should carefully review any terms and conditions (including those contained in the template document) which may apply to the transaction. To fully understand your legal rights and obligations in respect of an arrangement reached with a User and/or in respect of the terms and conditions upon which you contract with another User, you should take independent legal advice.
If you purchase the template document as a consumer, you have the right to cancel the purchase of the template document for a period of 7 working days from making such purchase. To cancel such purchase you must email firstname.lastname@example.org. You will receive a full refund of the price you paid to the debit or credit card used to pay for the template document as soon as possible and in any event within 30 calendar days of the day you provide us with such written notice of cancellation. In the event that you cancel the purchase of the template document, you have no right to use the template document or any modification or variation thereof and are required to delete and/or destroy any such versions or copies of the same.
4. The Services
Owners register and add their advertisement of their Space to the Website. Registration of a Space is free but all Users remain responsible in all circumstances for the costs of accessing and using the Website.
Upon registration of a Space, the Owner may be assigned a unique 070 phone number (“Primal Parking Number”). The Space and Primal Parking Number are visible and allow other Users of the Website to enquire about the availability of the Space. The potential Parkers can search for Spaces and, upon finding a Space in which they are interested, can either: (i) call the Owner on the Owner’s Primal Parking Number; and/or (ii) contact the Owner via the direct messaging system on the Website. Primal Parking has no involvement in the posting and/or allotment of Spaces, process and terms to be agreed between an Owner and Parker.
THE PRIMAL PARKING NUMBER IS CHARGED AT A RATE OF 50 PENCE PER MINUTE. IT IS THE CALLER'S RESPONSIBILITY TO GET THE BILL PAYER'S PERMISSION BEFORE MAKING SUCH CALL. MAKING A CALL DOES NOT GUARANTEE THE AVAILABILITY OF THE SPACE AND/OR THE PROVISION OF THE SPACE BY THE OWNER TO THE USER AND IS MERELY A MEANS OF DIRECT ENQUIRY AS TO THE AVAILABILITY OF SUCH SPACE AND THE TERMS ON WHICH IT MAY BE PROVIDED BY THE OWNER TO THE PARKER. THE LENGTH OF CALL DEPENDS SOLELY ON THE OWNER AND PARKER AND PRIMAL PARKING HAS NO CONTROL OVER THE SAME. PARKERS HAVE THE OPTION OF CONTACTING THE OWNER FREE OF CHARGE VIA THE DIRECT MESSAGING SYSTEM ON THE WEBSITE HOWEVER THIS SYSTEM IS NOT INSTANTANEOUS AND LONGER DELAYS MAY RESULT.
Alternatively, for example when Primal Parking acts as an agent for another marketplace, the Space may be assigned an 0843 number. The Space and 0843 number are visible and allow other Users of the Website to enquire about the availability of the Space. The potential Parkers can search for Spaces and, upon finding a Space in which they are interested, can either: (i) call Primal Parking on the 0843 number; and/or (ii) contact Primal Parking via the direct messaging system on the Website. Primal Parking shall liaise between the Users to facilitate the rental of such Space between such Users. Primal Parking has no involvement in the posting and/or allotment of Spaces and/or terms to be agreed between an Owner and Parker. Any existing payments terms of the marketplace for which Primal Parking acts as an agent shall apply in respect of the provision of that Space and/or we will contact the User/s to make such arrangements/alternative arrangements in respect of such Space. An 0843 number is charged at a rate of 6 pence per minute. CALLS FROM MOBILES MAY BE CONSIDERABLY MORE. IT IS THE CALLER’S RESPONSIBILITY TO GET THE BILL PAYER’S PERMISSION BEFORE MAKING SUCH CALL. MAKING A CALL DOES NOT GUARANTEE THE AVAILABILITY OF THE SPACE AND/OR THE PROVISION OF THE SPACE BY THE OWNER TO THE USER AND IS MERELY A MEANS OF ENQUIRY AS TO THE AVAILABILITY OF SUCH SPACE AND THE TERMS ON WHICH IT MAY BE PROVIDED BY THE OWNER TO THE PARKER. PARKERS HAVE THE OPTION OF CONTACTING PRIMAL PARKING FREE OF CHARGE VIA THE DIRECT MESSAGING SYSTEM ON THE WEBSITE, HOWEVER THIS SYSTEM IS NOT INSTANTANEOUS AND LONGER DELAYS MAY RESULT.
Primal Parking reserves the right to: (i) issue a warning; (ii) suspend and/or (iii) deny or cancel access to the Website and/or the Services and to prevent or remove registration of a User, wherever and whenever Primal Parking believes (at Primal Parking's absolute discretion) that you are in breach of any of the Terms or it is otherwise in the best interest of other Users and/or Primal Parking to do so. Further, Primal Parking reserves the right to remove or disable any content or material including Spaces (temporarily or indefinitely) posted on the Website in its sole discretion.
5. Your responsibilities and disclaimer
You warrant that you are 18 years of age or over and have legal capacity to use the Website and to create a legally binding contract with another User. If you are registering as or representing a business entity, you warrant that you have authority to make representations and bind the Company to the Terms. Further, you warrant that you are not temporarily or indefinitely suspended from using the Website and/or the Services.
You are responsible for the accuracy of the information you provide to Primal Parking which will be viewable by other Users. Primal Parking does not control the information provided by Users and shall have no liability to any User in respect of any information supplied to any User and/or through the Website. You warrant that all personal information and information related to a Space submitted to Primal Parking and/or via the Website is correct and you accept responsibility for all details provided and/or transactions concluded between you and another User pursuant to your use of the Website. Primal Parking does not verify or guarantee the identity of any User and/or the factual accuracy of any details (including images) whether related to the User, a Space or otherwise that are posted on the Website by any party other than Primal Parking, and accepts no liability in respect of the same. You hereby acknowledge the risks associated with people acting under false pretences and/or identity. PLEASE USE CAUTION AND COMMON SENSE WHEN ACCESSING, CONSIDERING AND/OR ACTING UPON THE DETAILS PROVIDED BY ANY USER OF THE SITE. YOU ASSUME ALL RESPONSIBILITY FOR ARRANGEMENTS MADE WITH OTHER USERS.
You shall not provide or post any information on the Website or in connection with your status as a User of the Website that is: (i) false, inaccurate, misleading, fraudulent or otherwise deceptive; (ii) in breach of any applicable laws; (iii) offensive, abusive, threatening, defamatory or obscene; (iv) derogatory to Primal Parking; and/or (v) an infringement of any third party rights.
Any views, opinions, advice, reviews, ratings or comments on the Website or any third party websites which are made by Users or other third parties do not represent the views, opinions or advice of Primal Parking, should not be relied on by you and are not checked, monitored reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage (whether direct or indirect or consequential), you may suffer or incur in connection with such views, opinions, advice, ratings or comments.
Your status as a User is personal to you and you shall keep the details associated with your use of the Website confidential and you shall not allow any third party to use your details and/or represent themselves as you in their use of the Website. You hereby acknowledge and agree that any breach of these Terms and/or any third party rights through your use of the Website and/or the Services shall be your sole responsibility.
Each Owner hereby warrants that they are permitted to advertise and/or grant the rights they seek to pass to any Parker. It is your responsibility to ensure you have the relevant consents, permissions and/or insurances before advertising and/or providing your Space to a Parker and that such provision is made on terms that you are entitled to enter into. YOUR PROPERTY ARRANGEMENTS (E.G. LEASE OR SUB-LEASE) MAY RESTIRCT YOUR ABILITY TO ALLOW A THIRD PARTY (PARKER) TO USE YOUR (OWNER'S) SPACE. IF YOU DECIDE TO USE THE TEMPLATE DOCUMENT, PLEASE READ IT CAREFULLY, AND SEEK FURTHER ADVICE AS TO WHETHER YOU ARE LEGALLY ENTITLED TO ENTER INTO SUCH ARRANGMENT(S).
The inclusion of Spaces on the Website and/or the introduction of Users and/or facilitation of the rental of such Spaces does not constitute an express or implied endorsement or recommendation by Primal Parking of such Spaces and/or such Users and we make no representations about the suitability or availability of the Spaces offered through the Website. We cannot give any undertaking that Spaces you provide and/or acquire and Users with which you deal with through the Website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights.
We undertake no responsibility for and are not liable for the misrepresentation, breach of contract, statutory duty or negligence of any of the Users including in connection with any services and/or Spaces booked pursuant to use of the Website. This means that in the event of you suffering a loss, personal injury, illness or death as a result of any act or omission for or on behalf of any User or you having any complaint about the quality of the services provided (see Complaints), your sole right of redress will be against the User, a quite separate and independent third party, who provided such service in connection with a Space and Primal Parking will be under no liability at all (whether in contract, tort or otherwise howsoever). Therefore, you hereby release Primal Parking (and its officers and employees) from any and all claims, liability, damages, costs, losses and expenses known and unknown arising in any way out of or in any way connected with any arrangements you may make or have made.
To the maximum extent permitted by law, Primal Parking disclaims all implied warranties with regard to the information, services and materials contained on this Website.
7. Intellectual Property
By submitting and/or posting any material to the Website the User automatically grants to Primal Parking a royalty free, perpetual, irrevocable, worldwide exclusive right and license to use, reproduce, modify, edit, publish, distribute and display such material in whole or in part.
Primal Parking is the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws. All such rights are reserved.
If you purchase the template property document, you are granted the right to use the template property document provided by Primal Property and to edit and modify the same solely in connection with any transaction you enter into with another User pursuant to the use of the Website and the Services by you and such User.
Save for the provision above concerning the template document, you may only print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way (except for the template document as provided for above), and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors or partners) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We reserve the right to bring a claim against you for any loss (whether direct or indirect) suffered as a result of a breach of this (and any other) clause in these Terms and Conditions.
In the event that you have reason to complain or experience any problems please inform the relevant User immediately, to enable them to take appropriate action. If you have any problems with the Website or any other queries about Primal Parking, please do not hesitate to contact us at email@example.com
9. The Website
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to Users.
When using our site, you must comply with the provisions of our acceptable use policy set out below.
Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our servers automatically record 'log files' containing information about the volume and characteristics of our Website traffic. This will include (but is not limited to) obtaining information such as IP addresses, numbers of pages viewed and length of time spent of such sites. We use log files to gain a valuable insight into how our Website is used and to help us monitor and improve the overall service to you. The information collected in this circumstance is not personally identifiable.
Primal Parking hereby excludes any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the operation and functionality of the Website including the use, inability to use, or results of the use of the Website and any other websites linked to it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10. Third Party Sites
Primal Parking may provide links on the Website to other sites maintained by third parties. These other websites are not under the control of or maintained by Primal Parking and/or we are not responsible for the content of such websites. Primal Parking does not accept any liability whatsoever and howsoever arising in relation to any such other websites.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you via e-mail or provide you with information by posting notices on this Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Primal Parking at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when registering as a User. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail recipient address of the addressee.
13. Transfer of rights and obligations
Your status as a User is personal to you and you may not transfer, assign, charge or otherwise dispose your status as a User, or any of your rights or obligations arising under thereunder.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising pursuant to the services provided through the Website or under any Terms at any time.
14. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in respect of any element of the Service and/or Website that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) impossibility of the use of public or private telecommunications networks
(f) the acts, decrees, legislation, regulations or restrictions of any government
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations in respect of the booking may be performed despite the Force Majeure Event.
If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Variation of Terms
Primal Parking has the right to revise and amend any the Terms from time to time for any reason and without notice, including the right to terminate the Services and/or the Website with no liability to any User or any other third party.
You will be subject to the policies and Terms in force at the time that you use the Website, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to your previous use of the Website), or if we notify you of the change to such policies or Terms before your use of the Website/Services (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of notification of the change to the Terms).
17. Governing Law and Jurisdiction
This agreement will be governed by English law and any disputes will be dealt with by the English courts. However, any services supplied will be done so on terms and conditions to be agreed between an Owner and a Parker. Accordingly, any disputes will be governed by the choice of law and jurisdiction referred to in those terms and conditions, or by operation of law in relation to the individual contract formed.
ACCEPTABLE USE POLICY
You may use the Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Terms.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.