Terms of Service


CodiPark Ltd. (“CodiPark”, “us”, “our”, or “we”) offers an application that includes an off-street parking reservation and payment solution and other services (the “Application”) through the website located at http://www.codipark.us (the “Site”). This Terms of Service (this “Agreement”) is a binding legal agreement which governs your access and use of the Application and the Site and all services available through them (together with the Site and Application, the “Services”). “You” or “Your” means the user of the Services. CodiPark does not accept registration from users who are under 18 years of age. By using the Services you represent that you are at least 18 years old.

 

Please read this Agreement carefully. You must accept this Agreement prior to using the Services.  By downloading or using the Application or the Services or visiting the Site you signify your assent to both this Agreement and our privacy policy, which is available at https://codiparkpro.info/docs/PrivacyPolicy.html (the “Privacy Policy”). We reserve the right to modify this Agreement at any time.  We will place a notice of modifications on our Site.  We may also choose to provide notice of material changes within the Application.  Any new feature that augments or enhances the current Services, including the release of new tools and resources, will be subject to this Agreement. Continued use of the Services after any such changes will constitute your consent to such changes. If you do not agree to any provisions of this Agreement, please do not use the Service and discontinue any active membership you may have.

 

Account Registration

When you complete the registration process, you create an account and become a member. Your account allows you to use certain Services, subject to this Agreement and the Privacy Policy. CodiPark reserves the right to refuse or terminate an account at CodiPark’s sole discretion.

To create an account, you must provide your mobile phone number. Your mobile phone number is your CodiPark identity. You must provide truthful and accurate information while creating your account and during the registration process. You will indemnify us for any claims resulting from false or inaccurate information provided during the registration process.

You may not enable or assist third parties to obtain access to the Services using your account.  You agree to immediately notify CodiPark of any unauthorized use of your CodiPark account at contact@codipark.us .You are fully and solely responsible for the security of your device and all activity on your account, even if such activities were not committed by you. CodiPark will not be liable for any losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold CodiPark harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred. This includes, without limitation, illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

If you are a direct competitor of CodiPark, you may not register to use the Services except with the express written consent of CodiPark.

 

Third Party Sites, Products, Services and Information

 

Our Services enable registered users to pay for off-street parking and other services described in the Application by means of a mobile device, and provide you with information, coupons, offers or notices regarding products or services offered by third parties.  These parking services, and other products or services which are paid for or notified by means of the Application are provided by third parties, not by us.  While we might have business relationships with certain of these third parties, we do not control information in respect of these third party products or services or the nature or quality of these products or services, and we have no responsibility for or liability with respect to information provided about third party products or services or the quality or nature or other aspects of third party products or services themselves or any loss, damage or harm which may be caused by these third parties.  We are not responsible for ensuring that third parties honor coupons or other offers.

 

Portions of the Services (including, without limitation, coupons and advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. CodiPark is not responsible for content or services available by means of such sites. CodiPark does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites. We cannot and do not take responsibility for any  third party information, or for any actions you may take or payments that you may make through any third party sites, including those with whom we have business relationships.  Any activities on any third party sites are governed by their Terms of Service and Privacy Policies, which we recommend that you review. We cannot and do not take responsibility for whatever happens when you use third party products or services.  Your use of third party products or services is your sole responsibility.

 

Payments, CodiPark Fees

 

Our Services enable you to make payments for off-street parking or other third party product or services using the Application, and to skip the lines when you pay for these parking or other third party products or services.  As consideration for this service, in addition to amounts due to the off-street-parking location or other service providers we will collect an additional Skip the Line Fee and/or other charges that are listed in the Application (“CodiPark Fees”).  You are responsible for paying CodiPark Fees.  For information about current CodiPark Fees see the information in the Application.  We reserve the right to update, discount, amend and increase CodiPark Fees from time to time at our own discretion with or without notice.

 

CodiPark Fees are in addition to parking or other fees you pay to providers of third party off-street parking services or other products and services.  We have no control over these fees due to third parties.

 

Credit/Debit Card Payment Processing

 

CodiPark integrates with third payment processor companies in order to provide you with Services in respect of credit card or debit card payment processing. Such processing will be governed by separate agreements with the applicable credit card/merchant account company and payment processor. CodiPark will have no liability or responsibility in respect of these services. If you use the Services to provide credit card or debit card information to any third party, including a credit card/merchant account company or a payment processor, you grant CodiPark the right to transmit such information to the applicable third party, and you represent and warrant that you have the right and appropriate authorization and permission to provide such information.

 

By using the Application to pay for services and/or products, the user confirms all the details of the transaction, and the user’s credit card, whose details were entered into by the user, will be cleared by an clearing company.

Upon completing the purchase, a notice confirming the execution of the transaction and the CodiPark Fees due in respect of such transaction will be sent to the email provided by the user and is shown in the user’s account. The Services do not include an invoice or record of amounts paid to third parties for third party products or services, such as parking.

If the transaction processing company denies the transaction, you may not be able to use the Services to pay for the parking or other third party products or services, and in such event you will need to arrange payment for the parking or other product or service directly with the parking facility or other entity providing such product or service by means made available by such entity.  In addition, if clearing of the transaction is denied by the third party transaction processing Company, we may use all means available, including legal action, to obtain payments due, and/or to terminate your account at any time. 

 

Refund Policy

 

CodiPark takes customer satisfaction very seriously. If you have any urgent problems with your parking ticket, we ask that you contact the parking facility directly, but, if you have not been able to resolve your issue with the parking facility regarding our service to your satisfaction, please contact CodiPark and we will try to assist you. In appropriate cases, if you have already been billed by CodiPark, CodiPark may issue full or partial refunds, or “CodiPark credit”, all - as determined in CodiPark's discretion and understanding that the foregoing is not in any way an undertaking by CodiPark to make any refunds.

 

Termination of Account

 

You agree that CodiPark may for any reason, in its sole discretion, terminate your account. Without limitation, CodiPark may terminate your account without any notice for (i) the violation of the letter or spirit of this Agreement, (ii) you do not make timely and full payments, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of CodiPark. CodiPark will not have any liability for any damages as a result of the termination of the Services pursuant to this Agreement.

If CodiPark believes, in its sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated this Agreement or to have engaged in illegal behavior through the Services.

If you desire to terminate your account, you are solely responsible for properly suspending your activated account. You may suspend your activated CodiPark account at any time by deleting the Application, if the Application is downloaded again your account will be reactivated.  If you delete the Application, your payment and other information is retained in our system unless you specifically request deletion. A phone call or email request is not considered suspension. Any suspension, termination, or cancellation will not affect your obligations to CodiPark under this Agreement (including but not limited to ownership, intellectual property, indemnification, payments, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

If your account is terminated, you may not establish a CodiPark account again without express permission by the company.

 

Inviting Third Parties to use Services

 

The Application may facilitate users’ transmission of emails, text messages or other communications to third parties inviting them to use the Services.  Transmission of text messages or other communications may incur charges.  Please check with your communications provider regarding these charges.  You are solely responsible for such charges and for ensuring that such communications comply with applicable laws in your jurisdiction.

 

As part of its launch, Codipark would like to encourage its users to invite their friends to use Codipark as well.

 

To that end, if an existing User (the "Inviting User") invites another person (the "New User") to use Codipark, then each of the Inviting User may be entitled to receive coupons to use Codipark, valued at up to $500.00 (the "Reward"), subject to the following conditions:

1. The Inviting User used the Application's invite system to invite the New User.

2. The New User was successfully identified by Codipark as a person who did not use Codipark beforehand.

3. The New User did not make any transaction using Codipark prior to the invitation.

4. The New User did not redeem any other gift, coupon or the like incentive for Codipark use.

5. The New User received a special code upon receipt of the invitation from the Inviting User and identified himself or herself (using such code) for the purpose of the Inviting User receiving the portion of the Reward applicable to such New User.

6. The Inviting User will be entitled to the benefit described above on a per New User basis, subject to and following each such end New User having conducted his or her first transaction using Codipark.

7. Out of the total Reward to which a User may be entitle, such User may exercise portions of such Reward in each parking space, subject to limitations set by the Company, the parking space, and/or other jurisdictional limitations, set at the Company's discretion.

 

Notwithstanding anything to the contrary in the foregoing, Codipark may cancel, revoke or terminate this invitation benefit at any time, in its sole discretion and without liability, at which time only benefits already rewarded to Users will remain in effect.

 

Intellectual Property & Content

 

CodiPark and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. You will not allow any third party to use your account or any other services made available through the Services.

Certain types of content may be made available through the Services. “Content” as used in this Agreement means, collectively, all content on or made available on the Services or on associated documentation. CodiPark reserves the rights to remove and permanently delete any proprietary Content without notice.

CodiPark may enable you to submit reviews or other content to the Application or invite other users to use the Application by email, text message or other means (all such content contributed by users to or by means of the Application is referred to collectively as “Customer Content”). You are fully and solely responsible for all Customer Content, and you represent and warrant that such Customer Content and its use complies with all applicable law and does not infringe third party intellectual property rights or moral rights. Customer Content that is obscene, abusive, indecent or may otherwise subject us to public disparagement or scorn, may be deleted or made unavailable without prior notice to you and may count as cause for account termination by the company. You grant CodiPark and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any and all such Customer Content that you submit, for the purpose of providing the Services to you.

 

Open Source. The Application may include certain software made available under open source licenses (the “Open Source Software”).  A full list of such Open Source Software is available here https://codiparkpro.info/docs/PrivacyPolicy.html . To the extent required by the applicable open source licenses, the terms and conditions of such licenses shall apply to the Open Source Software in lieu of the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, CodiPark makes no warranties in respect of Open Source Software in excess of the warranties set forth in the applicable open source license itself, and accepts no liability in respect of Open Source Software in excess of the limitation of liability set forth in the applicable open source license. If any license requires CodiPark to provide source code, you may download such source code from the website of the applicable Open Source Software as available in the link set forth above.  If the foregoing is insufficient to satisfy the requirements of the applicable open source license to provide such source code, CodiPark shall to the extent required by the applicable license make such source code available to you upon your written request according to the terms of the applicable open source license.

 

 

Restrictions

 

The software and technology underlying the Services is the property of CodiPark. You may use the Site and the Services solely for your personal, non-commercial purposes, and you will not grant access to the Services to any other individual or entity. Without limiting the foregoing, you may not do or attempt to do any of the following:

Use the Services to send spam or unsolicited email messages in violation of application law;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to the Services) without our prior written authorization, including framing or mirroring any part of the Services;

Circumvent, disable, or otherwise interfere with security - related features of the Services;

Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services;

Use or access another user’s account without permission or under false pretenses;

Use the Services or content thereon in any manner not permitted by this Agreement;

Post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; or (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or

Restrict or inhibit use of the Services or impose an unreasonably or disproportionately large load on our infrastructure;

Impersonate another user or otherwise misrepresent yourself in any manner, whether to another user, to us, or otherwise violate the legal rights of others, including defaming, abuse, stalking or threatening users or infringe CodiPark’s or any third party’s intellectual property rights, moral rights, or other rights;

Violate the legal rights of others, including defaming, abuse, stalking or threatening users or infringe CodiPark’s or any third party’s intellectual property rights, moral rights, or other rights;

Commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

Commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations required by you, or would cause CodiPark to be in violation of any law or regulation, or to infringe any right of any third party; or

Publish falsehoods or misrepresentations that may damage CodiPark or any third party.

Support

 

If you experience any problems with the Services, please contact us at http://www.codipark.us


Disclaimers

 

the Services may be subject to limitations, delays and other problems inherent electronic communications. CodiPark is not responsible for any delays, delivery failures or other damage resulting from such problems.

 

you will need to purchase a mobile device in order for you to receive certain of the Services. CodiPark will have no responsibility or liability in respect of any malfunctions or delays caused by such external device, and will have no service obligations in respect of such device.

 

CodiPark provides you with support as set forth under the heading “Support” above. Notwithstanding the foregoing, your use of any aspect of the Site is at your own risk. CodiPark makes no representations or warranties whatsoever in respect of the Site, Services or Content, including, without limitation, any reports or tools. Neither CodiPark nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, Services or Content.

 

Without limiting the foregoing, services and all other matter available on the Site or application or by means of the Site or application are provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and CodiPark expressly disclaims all express or implied warranties.

 

you agree that codipark will have no liability in respect of products or services provided by third parties, including without limitation where such products or services are NOTIFIED or paid for by means of the services.

 

CodiPark does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

No party will be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause will excuse the customer from any payment obligations under this Agreement.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless CodiPark and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of this Agreement by you or anyone using your DEVICE or MOBILE PHONE NUMBER; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the site, application or services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation, including, without limitation, any applicable privacy laws; (d) your infringement (or the infringement by any Customer Content) of any right of any third party, including without limitation any intellectual property right, moral right or privacy right; or (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) will be in compliance with all applicable laws, regulations and guidelines.

 

Limitation of Liability

 

In no event will CodiPark be liable to you or any third party for any incidental, consequential, indirect, special or punitive damages, arising out of or relating to the Application, Site or Services. In any case, CodiPark’s total aggregate liability under any provision of this Agreement, or for anything relating to the Application, Site or Services will not exceed amount OF CODIPARK FEES paid by you to CodiPark for the use of the Services in the 12 months prior to the applicable claim.

 

Miscellaneous

 

This Agreement will be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with this Agreement or the Site will be brought exclusively in the competent courts located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against CodiPark must be brought within one (1) year of the date such cause of action arose. In the event that any provision of this Agreement is held to be unenforceable, such provision will be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of this Agreement will remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and CodiPark or enables you to act on behalf of CodiPark. Except as may be expressly stated in this Agreement, this Agreement constitutes the entire agreement between CodiPark and you pertaining to the subject matter hereof. Nothing contained in this Agreement will be construed to limit the actions or remedies available to CodiPark with respect to any prohibited activity or conduct. Non-enforcement of any term of this Agreement does not constitute consent or waiver, and CodiPark reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement is for the benefit of CodiPark Ltd., its affiliates (and respective assignees), and each will have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under this Agreement to any third party without notice.

 

Last updated: April 2018