1.These Terms and Conditions
1.1. What these Terms and Conditions cover. These are the Terms and Conditions which apply to your use of our website HalaPark.ae (our Website) and the HalaPark app (our App), and any use you make of the services available through our App (our Services).
1.2. Why you should read these Terms and Conditions. Please read these Terms and Conditions carefully before you use our Website or our App, and before your pay to park, or list your parking space using our Services. These terms:
- Tell you who we are, and explain the relationship between the different individuals and businesses that use our Services;
- Tell you how our Services works, and how you can use the Services to pay to park, or to list a parking space; and
- Tell you what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Hala Car Park Rental & Management LLC, a company registered in the UAE, Dubai. Our company registration number is 1281463 and our registered address is at office 3003, Concord Tower, Dubai, UAE.
3. ROLES AND LEGAL RELATIONSHIPS
3.3. Our Services. Our Services allow individuals and businesses that have available parking spaces to advertise the parking spaces, and to pay to park at the parking spaces or use any other parking related services.
3.4. Car Owners. We refer in these terms to individuals who pay to park as Car Owner, even if the person who pays to allow a vehicle to be parked in a parking space is not in fact the owner of that vehicle.
3.5. Parking Facility. Our Parking Facility means any property or berth used for vehicle or vessel parking. We refer in these terms to individuals who choose the Parking Facility to park and we make a distinction among (Public Parking), a public car park offered by the municipalities where the vehicles can park for a certain fixed period, (Private Parking) refers to a land and/or building or a part thereof, which is used for short-term and long-term parking of cars and other private vehicles under the control of a private individual, and (Yacht Parking) refers to a designated location used for mooring yachts or boats when they are not at sea.
3.5. Advertising a parking space. If you use our Services to advertise your parking space for rental, the terms that apply to this arrangement are set out here.
3.6. Parking Partner. We refer in these terms to individuals or businesses who advertise parking spaces using our Services as Parking Partner, and we make a distinction between individuals who use our Services to advertise parking spaces situated at a private property not used in the course of business (Parking Owner), and individuals or businesses who use the Services to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as shops or offices (Landlord or Tenant).
3.7 Find My Space. Find My space means a user account in our App where a Car Owner can use our Online Services.
4. OUR ONLINE SERVICE
4.1. Provision of the Service. Our Services will comply in all material respects with the description of those services in these terms, as amended by us from time to time.
4.2. Availability of the Services. We will use reasonable endeavours to make our Services available through the Website and the App, but do not warrant that access to the Services, the Website or the App will be uninterrupted or error-free.
4.3. Suspension or withdrawal of the Online Service. We may suspend or withdraw or restrict the availability of all or any part of our Website, our App or the Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.4. The parking spaces. Whilst we endeavor to ensure that parking spaces listed through the Services are of a high quality, we offer no guarantee as to any parking space's suitability for the Car Owner’s requirements. Similarly, we rely on the Parking Owner for details about a Parking Space given in the App and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
4.5. Availability of the parking spaces. We will reserve any parking space booked through the Services based on the availability information provided to us by the Parking Owner. However, we do not warrant the availability of any parking space, whether booked with a Parking Owner or a Landlord, or Tenant – please see the relevant sections below in the case of a problem with a booking with a Parking Owner, and in the case of a problem with a booking with a Landlord or Tenant.
5. YOUR ACCOUNT
5.1. Registration. If you want to use our Services, you will need to provide the information requested during the registration process, which will include:
- Mobile number; or
- Valid email address;
and then choose Find My Parking in the menu.
Upon using the Services we may also require additional information from time to time such as:
- Vehicle registration number for any vehicle or vehicles that you want to be able to pay to park.
- Driving license;
- Tenancy contract;
- Debit card or credit card details
5.2. Use of the account. You agree that you will not:
- 5.4.1 Create any false account in connection with the Services or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering;
- 5.4.2. Use our Services or deal with other users of the Services in any way which could be deemed to be harmful to our business or reputation, or do anything which might adversely affect our relationship with a Parking Partner or a Car Owner;
- 5.4.3 Solicit or perform services for, or induce or attempt to induce, any customer, supplier, licensee or business relation of us, or any Car Owner or Parking Partner, through any communication including written and oral communication made by yourself or a third party to enter into any arrangement relating to parking other than through use of the Services.
5.3. Suspension or closure of account. We may suspend or close your account at any time if you are in breach of any of these terms. We may also suspend or close your account if you do anything to put our goodwill or reputation at risk. If we suspend or close your account you will not be able to use the Services any longer and may not be able to access all areas of the Website and the App.
5.5. Inaccurate contact details. If you do not provide accurate contact information, you may not receive a booking/listing confirmation or other information from us about your booking/listing or your account. We are not responsible if you fail to receive communications in these circumstances, and if you become aware that you have supplied inaccurate contact information, please contact us immediately to correct the information we hold about you.
6. PAYMENT AND CANCELLATION
6.1. What this section covers. The terms in this section only apply to you if you use the Services to pay to park at a parking space. If you happen to use the Services both to pay to park, and also to advertise a parking space that you own, the terms in this section apply to you in your role as a Car Owner only.
6.2. Making your payment. When you pay to park using our Services, we collect the payment acting for the relevant Parking Facility. The price advertised on the Services also includes the fee that we charge the Car Owner for providing the Services.
6.3. If you want to cancel a booking. If you want to cancel a booking you have made, you should cancel the booking from within your account to request the cancellation.
6.4. If we or the Parking Partner want to cancel a booking. We may cancel a booking, on our own behalf or acting on behalf of the Parking Partner whether before or after the parking period has started.
6.5. Refunds. Any refunds due in the event of cancellation will be returned to the same payment method used for your booking. In the event the account of original payment has been closed, we will require evidence of the closed account in order to process a refund to an alternative account.
6.6. Money that remains unused in the wallet for 90+ days can always be used but cannot be refunded
7. CHANGES TO THESE TERMS
7.1. Changes to these terms. We may change these terms from time to time without providing advance notice to you, and the version of the terms that will apply to any booking you make will be the version available on our Website.
7.2. Changes to the Website, the App and the Online Service. We may change the Site, the App and the Services from time to time, and version in effect at the time you place your booking will apply until the end of the then current booking.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1. Where we cannot exclude liability. We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
8.2. Where we exclude liability. We use reasonable endeavors to provide the Website, the App and the Services in accordance with these terms.
However, if you are using the Services as a Car Owner:
- We do not warrant the accuracy of the information about parking spaces available through the Services, and we are not responsible for inaccurate information provided by any Parking Owner, or for any interaction, you have with a Parking Owner, or for the unavailability of a parking space at the time of your booking – please see the relevant sections if you have a problem with a booking with a Parking Owner, and if you have a problem with a booking with a Landlord or Tenant;
- We do not own or operate the parking spaces available through the Services, and we are not responsible for any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, or any booking with a Parking Owner to the fullest extent permissible by law.
If you are using the Services as a Landlord or Tenant:
- We are not responsible for any personal injury or property damage, of any nature whatsoever, which you suffer in connection with your access to and use of the Services, or any booking with a Car Owner, to the fullest extent permissible by law;
- We are not responsible for any losses you suffer in connection with any claim brought against you by a Car Owner, or arising out of any interaction you have with a Car Owner.
- In whatever role you access our Website or the App, we are not responsible to you for:
- Any interruption or cessation of transmission to or from the Website and the App;
- Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website or the App by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website, the App or the Services, however caused.
8.3. Interactions with other users of the Services. You are solely responsible for all of your communications and interactions with other users of the App and with other persons with whom you interact as a result of your use of our Services .
9. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the emirate Dubai, U.A.E, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the emirate and federal courts located in Dubai and waive any jurisdictional, venue, or inconvenient forum objections to such courts.