PLEASE READ CAREFULLY BEFORE DOWNLOADING AND INSTALLING THE APP FROM THIS WEBSITE.
This End-user Licence Agreement (EULA) is an agreement between you (End-user or you) and PIXELBYTE SDN BHD (Company No. 1104099-U) (Licensor, us or we) for:
ParkEasy mobile application software, the data supplied with the software, and the associated media (App)
We license the use of the App to you on the basis of this EULA subject to any rules or policies applied by any appstore provider (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS: THIS APP REQUIRES A MODERN SMARTPHONE DEVICE. INTERNET ACCESS AND THE LATEST ANDROID OR IOS OPERATING SYSTEM.
IMPORTANT NOTICE:
BY DOWNLOADING THE APP FROM THIS WEBSITE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE PERSONAL DATA PROTECTION POLICY DEFINED IN section 1.5 AND LIMITATIONS ON LIABILITY IN section 7.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW BY CLICKING ON THE "CANCEL" BUTTON BELOW. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.
You should print a copy of this EULA for future reference.
AGREED TERMS
1. Acknowledgements
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any other Service such as the payment gateway, unless they come with separate terms, in which case those shall terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS or email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in clause 2.2 (Devices) and to download a copy of the App onto the Devices. Your and their service providers for Internet access on the Devices may charge you and them. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not you own it.
1.5 By using the App or any Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We will use any information that you supply to us in accordance with our Personal Data Protection Policy.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 Certain Services including our App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.
1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Grant and scope of licence
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Personal Data Protection Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2 You may download a copy of the App onto your Device to view, use, and display the App on the Device for your personal purposes only.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal us of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
4. Acceptable use restrictions
You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or ac fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including the submission of any material] (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together Acceptable Use Restrictions.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that
rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. Limitation of liability
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
6.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. Termination
7.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
8. Communication between us
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Pixelbyte Sdn Bhd, Suite 11.01, Level 11, South Wing, Menara OBYU, 4, Jalan PJU 8/8A, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia; and [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by register post to the address you provide to us in your request for the App.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. Other important terms
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.2 No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against which it is sought to be enforced.
10.3 The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability or any other term or provision of this Agreement.
10.4 Please note that the law of Malaysia governs this EULA, its subject matter and its formation. We both agree that the courts in Malaysia will have exclusive jurisdiction.
This agreement has been entered into on the date of your acceptance.
TERMS OF SERVICE
This is a binding agreement between Pixelbyte Sdn Bhd (1104099-U) (referred to as “ParkEasy”, ”we,” “us” or “our”) and any person who has indicated their consent by setting up an Account with ParkEasy.
1. SERVICES
1.1. ParkEasy has attained permission from the relevant landowner/property manager/authority (“Authority”) to provide our Services at designated car park bays (“Bays”) within whole car park complexes (“Car Park”) under the Authority’s control.
1.2. The Services are an online platform where registered users (“Users”) may make reservations (“Reservations”) upon Bays listed on the ParkEasy smartphone application/web application/website (“App”) for the purpose of parking their vehicle.
1.3. ParkEasy does not manage or control ALL car park bays at the Car Park. ParkEasy’s responsibilities are limited to the Services at the designated Bays only.
1.4. Users are subject to all terms and conditions as set by the Authority regarding use of the Car Park.
2. RESERVATIONS
2.1. In exchange for consideration (“Fees”), Users may make Reservations upon Bays through the Service.
2.2. Reservations are a covenant from ParkEasy towards the User to reserve the Bay listed in the App for the User to claim and park within the grace period stated within the App.
2.3. Should ParkEasy be unable to fulfil our obligations under the Reservation, the User will be entitled to the following remedies upon contacting ParkEasy:
2.3.1. The User may be assigned another Bay in the same Car Park of equal or greater value than the original Reservation; or
2.3.2. The User may seek a Credit refund.
3. FEES
3.1. All Fees levied by ParkEasy upon the User are listed within the App prior to the User confirming a Reservation.
3.2. Fees levied by ParkEasy upon the User may be classified as follows (this list is non-exhaustive):
3.2.1. Confirmation Fee - levied upon the User immediately upon creation of a successful Reservation.
3.2.2. Duration Fee - levied upon the User in steps for the duration parked or part thereof in the Bay. It is measured from the moment the User uses the App to unlock their Bay until the moment the App successfully detects their departure.
3.2.3 kWh Fee - levied upon the User per kilowatt-hour (kWh) consumed or part thereof by their electric vehicle from the electric vehicle charger connected to the Bay. Measurement of consumption shall be performed by the electric vehicle charger. In the event of a dispute, the value reported by the electric vehicle charger shall be considered the definitive and accurate measurement.
3.2.4 Idle Fee - levied upon the User for each unit of time or part thereof during which the User occupies the Bay without the electric vehicle charger actively delivering power. This period of occupancy without charging, referred to as "Idle Duration," encompasses both the time before and after the charging session.
3.3. Users may be subject to fees levied by the Authority for usage of the Car Park.
3.4. In the case of any Fee disputes, the User is responsible to provide evidence supporting their claim in the dispute. If ParkEasy agrees to the User’s claim, the User will be entitled to a Credit refund.
4. CREDITS
4.1. Users may pay Fees by using ParkEasy credits (“Credits”).
4.2. Credits may be purchased through the app subject to transaction fees and will be clearly stated in the App prior to payment.
4.3. All Credits whether purchased or otherwise cannot be exchanged for money.
4.4. By default, all credits will be forfeited in the case of Account termination, unless the User requests in writing that their credits are transferred to another Account.
4.5. ParkEasy reserves the right to change the conversion value from fiat money to Credits without notice.
4.6. ParkEasy reserves the right to implement a Credit expiry system without notice.
4.7. Referrals are limited to 5 new accounts per user.
5. CREDIT REFUNDS
5.1. The User must contact ParkEasy to be considered for any Credit refunds.
5.2. The User will be entitled to a Credit refund where:
5.2.1. A Reservation is cancelled within the cancellation grace period as stated in the App; or
5.2.2. The Bays are inaccessible due to changes in traffic control at the Car Park; or
5.2.3. ParkEasy cancels the Reservation; or
5.2.4. There is an error in tabulation of the Fees; or
5.2.5. Extenuating circumstances where the decision to grant a Credit refund will be at ParkEasy’s sole discretion.
5.3. The User will not be entitled to a Credit refund where:
5.3.1. The User has failed to claim the Bay within the allotted Reservation grace period; or
5.3.2. The User’s vehicle type is not permitted to enter Car Park because their vehicle does not comply with the vehicle restrictions set out by the Car Park’s Authority; or
5.3.3. The User parks in the Car Park but not in the Bay assigned by the Reservation; or
5.3.4. The User does not make reasonable attempts to find the Bay or contact ParkEasy; or
5.3.5. ParkEasy undergoes either voluntary or involuntary liquidation.
5.4. The decision to grant a Credit refund or not grant a Credit refund, whether in full or part, is at ParkEasy’s sole discretion. Users acknowledge that a refund is made in the form of Credits.
6. INSURANCE
6.1. The User (including any authorised driver) acknowledges and agrees that it is their responsibility to take out insurance cover against (without limitation) damage to the User’s vehicle, damage to the Bay, damage to the Car Park, damage to any third party property, personal injury or any other damage caused by the User in connection with the use of the Services. ParkEasy shall not be liable for the User failing to take out insurance of the kind contemplated by this section.
6.2. Users understand that it is their obligation to ensure their insurance policy is properly suited to covering their use of the Services.
6.3. The User agrees to use insurance as their first means to resolve any disagreements or claims.
7. TERMINATION OF ACCOUNT
7.1. ParkEasy reserves the right to terminate or suspend any User’s access to the Services at our sole discretion without prior notice to the User.
7.2. Suspension or termination of the User’s Account will mean the User will no longer be able to access ParkEasy’s Services.
7.3. If a User wishes to terminate their Account, they may do so by contacting ParkEasy.
8. PRIVACY & SECURITY
8.1. ParkEasy’s Privacy Policy can be found on our website (www.parkeasy.co).
8.2. ParkEasy will not be liable for any loss whatsoever and howsoever caused as a result of any unauthorised access to or use of our secure servers, interruption or cessation of transmission to or from the the App, any bugs, viruses, Trojan horses or the like, which may be transmitted through the App by any third party and / or any and all personal institutional, technical or other information stored therein.
8.3. Users acknowledge that there may be Bays and Car Parks that are monitored by CCTV or security cameras and agree to such monitoring while using the Service.
9. DISCLAIMERS & LIMITATIONS ON LIABILITY
9.1. ParkEasy does not have control over the actions of Authorities and other non-affiliated persons with access to the Bays and Car Park. Users acknowledge that their use of the Service is at their own risk. The Service is provided on a best effort basis.
9.2. ParkEasy disclaims any liabilities to the User under or in respect of the subject matter of these Terms and Conditions whether arising under contract, statute, tort (including negligence), or otherwise. We exclude, to the extent permitted by law, all other terms, conditions, warranties and guarantees which might be implied into the Terms and Conditions.
9.3. ParkEasy makes no warranty that the Services will meet the User’s requirements or be available on an uninterrupted, secure or error-free basis.
9.4. ParkEasy makes no warranty for the quality or safety of Bays and Car Parks or the accuracy, timeliness, truthfulness, completeness or reliability of any content displayed within the App, including listings.
9.5. The inclusion or offering for sale of any product or service as part of the Service does not constitute an endorsement or recommendation by ParkEasy, and the User agrees not to make any claim against ParkEasy relating to the purchase of the Services.
9.6. In no event will the collective liability of ParkEasy and its officers, directors, employees, subsidiaries, licensors, vendors and other related parties exceed the greater of the amount that the User has paid to ParkEasy for the Services during the most recent 12-month period.
9.7. ParkEasy shall not be liable for any incidental, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the User has advised ParkEasy of the possibility of such damages.
9.8. ParkEasy shall not be liable to the user or any other party for damages (including but not limited to consequential, special, direct, indirect, punitive or exemplary damages), obligations, losses, costs and expenses (“Loss”) whatsoever and however caused. This includes but is not limited to the following:
9.8.1. Damage to or destruction of the User’s vehicle;
9.8.2. Any valuables left unattended in the User’s vehicle;
9.8.3. Any suspension or termination of the User’s Account;
9.8.4. Errors, mistakes or inaccuracies on the App;
9.8.5. Personal injury of any nature whatsoever resulting from the User’s access to and use of Service;
9.8.6. Damage resulting from actions or conduct by the Car Park’s Authority;
9.8.7. Using the Service in a manner contrary to the design as intended by ParkEasy; and
9.8.8. Violation of any traffic safety rules as covered by law or implemented by the Car Park’s Authority.
10. INDEMNIFICATION
10.1. To the maximum extent permitted by law, the User agrees to indemnify the ParkEasy, our employees, and our affiliates from and against all third-party claims, liabilities, damages, obligations, losses, costs and expenses, including without limitation, reasonable legal and accounting costs arising out of or in any way connected with the Terms and Conditions, or Service.
10.2. ParkEasy reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claim for which the User is obligated to provide indemnification under this section. The User shall fully cooperate as reasonably required in the defence of any claim.
11. AMENDMENTS
11.1. The Terms and Conditions may be amended from time to time by posting an updated version onto the App. Users should visit the App periodically to read the latest Terms and Conditions. If the User does not agree with the modifications or amendments to the Terms and Conditions, the User may terminate this agreement by ceasing use of the Service. By continuing to use our Service the User will be deemed to have accepted the amended Terms and Conditions.
12. MISCELLANEOUS
12.1. The User agrees that the Terms and Conditions are fair and reasonable in all circumstances. However, if any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
12.2. The User agrees that these Terms and Conditions will continue to be binding upon the User after the termination of the User’s use of the Services as they are deemed to be relevant.
12.3. ParkEasy reserves the right to assign or subcontract our rights and obligations under the terms and conditions without notice to the User or the User’s consent.
12.4. This agreement is to be governed and interpreted pursuant to the laws of Malaysia. The parties to these Terms and Conditions agree to submit to the exclusive jurisdiction of Malaysian Courts in respect of all matters arising out of these Terms and Conditions.
13. CONTACT
13.1. ParkEasy’s contact details are listed on www.parkeasy.co
