Access Parking Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website www.accessparking.co.uk (the Site) to you. Please read these terms and conditions carefully before ordering any Services from the Site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of the terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from the Site.

1. INFORMATION ABOUT US

1.1 www.accessparking.co.uk is a site operated by Access Parking Limited (Company) registered in England and Wales under company number 6333622 and with our registered office at Unit 40, 1 Dock Street, Leeds, LS10 1NA. Our VAT number is 916510422.

2. SERVICE AVAILABILITY

We will endeavour to ensure that the Site is available at all times except when essential maintenance or improvements to the Site are undertaken. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside this country or payments that are not in GBP (Pound Sterling).

3. YOUR STATUS

By placing an order through the Site, you warrant that:

(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) If you are a corporate user, that you have the requisite authority to bind the business entity that you represent to these terms and conditions.

4. MEMBERSHIP REGISTRATION

4.1 When you submit your name, email address, payment details and password, we will supply you with a unique parking space reference number (Parking Space Reference Number) which combined with your email address, payment details and password will be deemed to be your membership details (Membership Details).

4.2 You warrant that you will keep your Membership Details confidential and accept any liability arising from any disclosure to third parties and further that you agree to indemnify us against any losses or damages arising out of any such unauthorised disclosure.

5. LIABILITY

5.1 All Members, whether Space Providers or Space Users release the Site, the Company and its officers, directors, agents, affiliates, parents, subsidiaries, investors and employees from all claims, liability, demands, damages (actual, special, direct, indirect and consequential), losses, costs and expenses, all legal fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any arrangements the Member may have made.

5.2 The Member is wholly responsible for completing all transactions participated in (including but not limited to monitoring the status and complying with all relevant legal obligations). The Company does not, control, endorse, approve or check the availability of the Parking Space or accuracy of the information provided regarding the Parking Spaces listed through the Site. You may find other Members' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

5.3 For the avoidance of doubt it is hereby made clear that the Company does not control the information provided by other Members, which is made available through the Site.

5.4 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

5.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

6. INFORMATION SUBMITTED BY THE MEMBER

6.1 By submitting any material to the Site, the Member automatically grants the Company a royalty free, perpetual, irrevocable, exclusive right and licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The Member acknowledges that the Company is not obliged to publish any material submitted by the Member. For the avoidance of doubt any financial or payment details submitted to us will be protected and stored securely in accordance with the provisions of our Privacy Policy.

6.2 The Member warrants that that they are legally entitled to advertise and license the use of the Parking Space on the Site.

6.3 All Space User's warrant that they have in place a current Vehicle Insurance Policy with a minimum of third party fire and theft cover in place at all times for any Vehicle parked in a Parking Space.

6.4 The Member undertakes to provide full and accurate details of the Parking Space and full details of the licence on the Site. The listings may include text descriptions, graphics, pictures and other content relevant to granting a licence for the car parking space.

6.5 Without limiting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion, suspend or terminate any Member's account if the Company suspect fraudulent activity in connection with its use of the Site and the Services provided. The Company may in its sole discretion remove and ban the Member and any Parking Spaces listed by the Member.

7. MEMBER INFORMATION

7.1 "Member Information" is defined as any information you provide to the Site or other Members in the listing process, in any public message area (including the contact or the feedback area) or through any email feature as run by the Site from time to time. Member Information includes the descriptions of car parking space and owners contact details that are displayed on the Site as well as any content the Member may post on the Site. The Member is solely responsible for Member Information and the Site acts as a passive conveyer of Member Information.

7.2 The Member's Information (including but not limited to any Parking Space listed) and activities on the Site must not:

7.2.1 be false, inaccurate or misleading;

7.2.2 be fraudulent in nature;

7.2.3 be in breach of any law, statute, ordinance or regulation;

7.2.4 be offensive or menacing, abusive, defamatory, trade libelous, unlawfully threatening or unlawfully harassing, obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.

7.2.5 breach copyright, confidentiality, or any other rights, infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;

7.2.6 contain any viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

7.2.7 create liability for the Company or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

8. THE MEMBER'S USE OF OTHER USERS' INFORMATION

8.1 As a means to facilitate the licensing of the Parking Spaces, the Company permits the Member limited access to other Members' Information contained on the Site. By accepting these Terms and Conditions, the Member agrees that, with respect to other Members' personally identifiable information that you obtain through the Site or through a Site communication or Site facilitated transaction; you may only use such information for:

8.1.1 Site related communications that are not unsolicited commercial messages and relate to your genuine participation in a Site facilitated transaction;

8.1.2 using services offered through the Site (e.g. escrow, insurance, postal and fraud complaints);

8.1.3 any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, can you disclose personally identifiable information about another Member to any third party without our consent and the consent of such other user after adequate disclosure; and

8.2 The Company does not tolerate spam or unsolicited commercial communications and Members shall not make unsolicited contact to the other Members of the Site.

9. FEES AND CANCELLATION POLICY

9.1 By providing your Membership Details on the Site listing a Parking Space and making an offer for a Parking Space is free, although you will remain responsible for the costs of accessing and using the Site.

9.2 By using the Site and engaging in communication with other Members you agree to declare the amounts paid or received for a particular Parking Space for each given month on request by the Company. Any refusal to do so or a fraudulent declaration may lead to your account being suspended or terminated.

9.3 The fee payable to accessparking.co.uk by a Space Provider is an ongoing 12% charge on the total amount received for each Parking Space (payable in arrears). This fee will be deducted from the payment made by the Space User by accessparking.co.uk before the balance is forwarded to the Space User.

9.4 We reserve the right to change or modify this policy at any time, and any change will be effective at the point of posting the new terms and conditions on this page. We may in our sole discretion change some or all of the Services at any time.

9.5 Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and the Site and all applicable taxes.

9.6 You may terminate this Agreement within the first month of any Parking Space arrangement on giving 7 days' written notice. A full month's written notice is required by either party after a month of any Parking Space arrangement has elapsed.

10. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.

11. NOTICES

All notices given by you to us must be given to Access Parking Limited at Unit 40, 1 Dock Street, Leeds, LS10 1NA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12. 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 address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) 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.

13.3 Our performance under any Contract 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 under the Contract may be performed despite the Force Majeure Event.

14. WAIVER

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this clause 14.

15. SEVERABILITY

If any of these terms and Conditions 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. ENTIRE AGREEMENT

16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17. LAW AND JURISDICTION

These terms and conditions for the Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.