Terms and Conditions

Last updated: 25th July 2018

DISCLAIMER

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP. YOU HEREBY AGREE TO THE TERMS AND CONDITIONS BELOW, WHICH MAY BE UPDATED BY JOMPARKIR SDN BHD (COMPANY REGISTRATION NO: 1243640-A) (HERE IN REFERRED TO AS “JOMPARKIR” FROM TIME TO TIME.

TERMS OF SERVICES

The following are the terms and conditions on which, JomParkir, offer services for a parking payment solution (the “Service”) by the mobile application (“App” or “JomParking”), and on the website Jomparking.com (the “Website”).

OUR SERVICES

Among the service offered by JomParking are the usage of parking tokens purchased by the user. The tokens can be accessed and used via the app. The Services include an integrated service whereby the user can utilize the tokens purchased for parking in numerous locations based on the availability of listed locations. The user would be able to top-up tokens via numerous methods such as credit card, debit card, online banking or other methods as provided by JomParking.

The guide for the service can be found on the website. You will agree that your usage of the service is at your own risk, and it is your responsibility to use the service safely. You will also agree not to use the service to violate any applicable laws, rules, or regulations including but not limited to usage of the service while driving.

  1. Rights and responsibility of the user

    In order to use the Service, you must register using your email, mobile number and create a password via the app. You will agree to provide true, accurate, and complete information. By registering for our service, JomParkir will be granted permission to access and use your information to store credentials for the service. You are responsible for maintaining the confidentiality of the password and the information relating to you, and are fully responsible for all activities that occur under your account. You will agree to immediately notify JomParking of any unauthorized use of your password , tokens, any other breach of security. JomParking cannot and will not be liable for any loss or damages arising from your failure to comply in this section.

    By providing JomParking your email address, you consent to us using the email address to send you service related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive certain email messages, you may opt out by notifying JomParking by email. Opting out may prevent you from receiving certain email messages regarding the service that may be beneficial to you.

  2. Customer Privacy

    JomParking values your privacy and is committed to protecting your privacy. In some cases, you may be subject to byelaws or parking regulations depending on the type and location of parking space you are utilising. It is your responsibility to ensure you comply with all applicable laws. In the course of the use of the service, you may be asked to provide certain information about yourself. Such information shall be collected and used in accordance to the law. You acknowledge that you are solely responsible for the accuracy and content of such information.

  3. Payment & Processing

    Please note that the payments collected through the Payment Service for the use of the Services are collected on behalf of the Parking Operators or Local councils.

    The parking fees will be set by the local council or parking operators based on the applicable locations and shall be subject to any minimum or block charges that may be determined by the local council or JomParking. Where applicable, the customer shall be able to purchase parking token for the duration in certain circumstances, the customer may make such purchases in advance. The local council or parking operators may increase any car parking charges or change any payment method with or without any notice to you whereupon such changes will be reflected in the Service.

    For avoidance of doubt, all usage of parking tokens for payment towards the duration of the parking charges as stipulated by the local council shall be linked to the car registration number as provided and/or selected by the user and as in accordance with the relevant By-Laws enforced by relevant local councils.

    The receipt for any payments made by the customer for the car parking charges shall be available on the member’s portal which is accessible on the app.

    Once any payment for the purchase of the Parking Tokens and/or the usage of Parking Tokens for the car parking charges has been finalized and confirmed, the customer will not be able to obtain any refund and there shall be no cancellation, transfer or modification of the payment and/or the car registration number. The user shall be responsible to ensure the accuracy of the location and area where the user intended to pay for parking as well as the car registration number. The user acknowledges that any wrong payment may result in a compound, fine and/or summons from the local council or any other relevant authorities for non-payment of parking. JomParking shall not be liable for such mistakes by the customer and JomParking shall not be responsible to assist with any appeals made by the user.

    In the event the customer shall make payment for any third party(s), including but not limited to friend(s) and family(s), the customer shall be solely responsible for such third party(s) and shall ensure that the third party(s) shall abide by the terms and conditions herein.

  4. Parking Credit Sharing Service

    The user (the “Primary user”) may elect to share its Parking tokens available with a selected individual or family member (the “Secondary User”). Upon completing the necessary verifications and confirmation, the Secondary User will be able to make payments belonging to the Primary User. The Primary User acknowledges and agrees that by utilizing this Parking Token Sharing Service, the Primary User will be liable for the usage of the Parking Token of the Secondary User.

    JomParking shall not be liable for any wrongful usage, negligence, over usage, fraud, theft or any such actions by parties not within JomParking’s control or due to any reason whatsoever.

  5. Modification to the services

    JomParking will provide services such as but not limited to notifications, informing the customer that their parking period is about to expire or automatic location detection. JomParking reserves the right to withdraw or discontinue, temporarily or permanently, the service (or any part thereof) any and/or all portion of the value added services at any time without notice and shall not be liable to any party whatsoever for doing so. JomParking does not guarantee the accuracy or reliability of any and/or all of the value added services. The user shall take necessary steps to protect their own rights and interest.

  6. Indemnification

    You agree to indemnify and hold JomParking, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

  7. Account Termination

    You agree that JomParking, in its sole discretion, may terminate, suspend or restrict your use or your access to any part or all of the Service, at any time, with or without cause and with or without notice, effective immediately, including, without limitation, for lack of use or if JomParking believes that you have violated or acted inconsistently with the terms or spirit of the Terms Of Service.

    JomParking may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms Of Service may be effected without prior notice, and acknowledge and agree that JomParking may immediately deactivate or delete your access to the Service and all related information and files for the Service and/or bar any further access to such files or the Service. Further, you agree that JomParking shall not be liable to you or any third-party for any termination of your access to the Service.

  8. Service Cancellation

    You may terminate your JomParking Service by email. Upon cancellation, all benefits and privileges shall cease and JomParking will not be liable for any compensation or to pay any refunds to you as the member in relation to the forfeiture or cancellation of the Service.