Effective from 01/12/ 2025 (First date of December 2025)
This Site/ Application/ Services is/are operated /provided by Mobilique Technologies Pvt. Ltd. under the brand name
Park Protekt (“Park Protekt”).
These terms and conditions (“User Terms”) apply to your visit to and use of the Site, whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations, and or services provided to You on or through the Site, and the Application. This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I AGREE” button or by using Park Protekt’s services, you are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE YOU TO READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION/SITE. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and PARK PROTEKT. If you do not wish to accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein.
PARK PROTEKT may immediately terminate these Terms or any Services with respect to you or generally cease offering or denying access to the Services or any portion thereof, at any time for any reason. Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at #PrivacyPolicy. By accepting these User Terms, you also allow PARK PROTEKT to send you promotional emails and SMS alerts from time to time.
1. DEFINITIONS
All the terms defined below in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Application User on the Application for availing the Services provided by Park Protekt.
(ii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, or a court of India.
(iv) “Application” shall mean the mobile application developed & updated by Park Protekt from time to time.
(v) “Application User/ You” means a person who has an Account on the Application.
(vi) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Park Protekt.
(vii) “Park Protekt” or “us” or “we” or “our” shall mean Park Protekt Technologies LLC,
(viii) “Park Protekt Device” shall mean the hardware that connects with the User Mobile/ Web Application for the Services
(ix) “Consequential Damages” any damage caused by Application User to the Vehicle, Device, or Person
(x) “Registration Data” shall mean and may include the present, valid, true, and accurate name, email ID, phone number, and such other information as may be required by Park Protekt from the Application User from time to time for registration on the Application.
(xi) “T&Cs” and “User Terms” shall mean these Application User terms and conditions.
(xii) “Park Protekt IP” shall mean Intellectual Property rights associated or embodied in our User Mobile Application and/or Site, including, without limitation, the Database, API’s, Park Protekt Content, Trademarks, and any services provided by Park Protekt created or derived therefrom (collectively termed as “Park Protekt IP”)
2. ELIGIBILITY
You will be “Eligible” to use the Services only when you fulfil all the following conditions:
(i) You have attained at least 18 (eighteen) years of age.
(ii) You are competent to enter a contract under the Applicable Laws.
If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as these User Terms due to age, you must abide by such age limits. The company takes no responsibility in case the user provides/feeds wrong data in the application.
3. REGISTRATION AND ACCOUNT
3.1 You shall ensure that the Registration Data provided by You is accurate, complete, valid, true, and updated from time to time. We shall bear no liability for false, incomplete, old, or incorrect Registration Data provided by You.
3.2 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
3.3 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.4 Except for the Registration Data required for the application, Park Protekt does not want You to, and You should not, send any confidential or proprietary information to “us”, unless otherwise required by Applicable Laws. In accepting these User Terms, You agree that any information or materials that You or individuals acting on Your behalf provide to “us” other than the Permitted Information will not be considered confidential or proprietary.
3.5 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account, please immediately reach us at support@parkprotekt.com
3.6 In case you are unable to access Your Account, please inform us at support@parkprotekt.com and make a written request for blocking Your Account within a minimum of 48-72 hr.
4. SERVICES
The Services constitute a technology platform that enables users of Park Protekt mobile applications/websites provided as part of the Services (each, an “Application”) to Park and/or Share Key and/or Book and/or Rent vehicle/s as per User requirements.
ParkProtekt reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any clause in the T&C’s.
As part of the Services, ParkProtekt may sell hardware, “Park Protekt Device”, to connect with the User Application. You shall comply with the following:
- You shall not tamper, pilfer, or misuse the “Park Protekt Device (s)” or allow, induce, or assist a third party to indulge in such activity.
- modify or make derivative works of the product and/or user application
- reverse engineer or access the “Park Protekt Device (s)” and/or user application to
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions, or graphics of “Park Protekt Device (s).”
5. CUSTOMER RELATIONSHIP MANAGEMENT
Park Protekt shall endeavor to respond to Your issues within 48-72 hrs of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on a severity basis.
6. FORCE MAJEURE & UPTIME
In case of Force Majeure Event or issues related to Mobile Application availability or uptime (including scheduled maintenance), we shall not be liable for any failure to perform any obligations under these User Terms, if the performance is prevented, hindered, or delayed, and in such case our obligations under these User Terms shall be suspended for so long as the issues continue.
7. INDEMNIFICATION
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Park Protekt, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs or (c) Your use or misuse of the Application or Service.
8. LIABILITY
8.1. IN NO EVENT SHALL PARK PROTEKT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARK PROTEKT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
8.2. DAMAGES DUE TO THE USER AND/OR CAR OPERATOR AND/OR DUE TO ERROR IN OPERATING THE DEVICE WHICH CAUSES DAMAGE TO THE CAR AND/OR VEHICLE AND/OR PERSON SHALL NOT BE CONSIDERED AS THE COMPANY’S FAULT. NO DAMAGES AND/ OR INSURANCE CAN BE CLAIMED FROM THE COMPANY. COMPANY LIABILITY IS LIMITED TO DEVICE REPAIR UNDER THE WARRANTY/ GUARANTEE PERIOD ONLY.
8.3. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT PARK PROTEKT’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 500/- (Indian Rupees Five Hundred only).
9. APPLICATION LICENSE
9.1. Subject to Your compliance with these User Terms, Park Protekt grants You a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to download and install a copy of the User Application on a mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
9.2. You shall not, as per Clause 4, indulge in any activity that causes a loss of business opportunity for the company. Such concerns will lead to financial investigations, and the company, as a dispute resolution, shall seek compensation in lieu of up to a limit of 500% of the expected business loss.
9.3. We will have the right to fully investigate and prosecute violations of any of the above laws. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Park Protekt has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body.
10. INTELLECTUAL PROPERTY OWNERSHIP
10.1. Park Protekt alone (and its Parent Company, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to, not limited to, the User Application, Device, Services, Site, Text, Graphics, UX, UI, Visual, Photographs, Trademarks, Logo, computer code, design, form, material, user information related to the services, application or the device. Any Third-party trademarks that may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For the use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
10.2. These User Terms do not convey to You any rights of ownership (or sale) in or related to the Site, the Application, or the Service, or any intellectual property rights owned by Park Protekt. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
11. TERM AND TERMINATION OF LICENSE AGREEMENT
11.1. You, as a User of the application, are entitled to always terminate the agreement by deleting the account as per the instructions provided on the User Application and/or Site.
11.2. Company is not obliged to give any advance notice for termination to You and is entitled to terminate the agreement at all times and with immediate effect i.e by disabling Your use of the all the Service if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Park Protekt, misuse the Application or the Service.
11.3. All Clauses pertaining to Indemnification, Liability, Application License, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law, and Dispute Resolution, and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
12. CONFLICT
In the event of any contradiction or inconsistency between these User Terms and any other agreement executed between You and Park Protekt, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by referring to the relevant Clause sought to be modified under these User Terms.
13. DISCLAIMER
13.1. You agree that Park Protekt is a technological platform to facilitate the seamless parking for its users and does not, in any manner, own these parking spaces searched, geotagged, or listed on our platform or User Application. The company does not guarantee or provide assurance in respect of the correctness of data, or any actions of the users on the Mobile Application.
13.2. We do not authorize anyone to make a warranty on our behalf, and you shall not rely on any statement of warranty as a warranty by Us.
13.3. Company and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Ola or any other person’s negligence or otherwise).
13.4. This Site, Application, and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Park Protekt shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
14. MODIFICATION OF THE SERVICE AND USER TERMS
14.1. Company reserves the right, at its sole discretion, to modify or replace, in part or in full, any of these User Terms, or change, suspend, block, discontinue, or restrict your use of all or any feature of the Service or Application at any time.
14.2. The Company is not obliged to notify You of any changes made to these User Terms, and on its own discretion can send alerts for such changes. Any changes, in case no further consent is sought, will constitute your acceptance of these changes.
15. NOTICE
Park Protekt may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address, or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Park Protekt’s account information.
16. ASSIGNMENT
You shall not assign Your rights under these User Terms without prior written approval of Company. Park Protekt can assign its rights under the User Terms to any affiliate.
17. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any Dispute will be subject to the exclusive jurisdiction of the courts in Chandigarh, India.