Parkingfinder Kenya Owner Agreement

  1. These Terms
    1. SPF (SmartParkingfinder) or Parkingfinder Kenya  provides a website and an app connecting drivers seeking to book parking spaces with our Parkingfinder registered owners who own or operate such parking spaces.
    2. These terms and conditions will apply at any time when you use this website (“Website”) or any other method of accessing the Services (including via the Parkingfinder Kenya application). By continuing to use the Website or the Services you accept these terms and conditions and they will apply to the agreement between you and us (the “Agreement”).
    3. This Agreement governs the relationship between us and you. When you use the Services we are providing you with the means to enter into individual, direct contracts with Drivers to park in your parking space or use your other accessories. When accepting bookings for Parking Spaces using the Services (“Bookings”) and allowing Drivers to use your Parking Space(s) you are entering into individual, direct contracts with the Drivers. You will be bound by your obligations under this Agreement and any additional obligations included in a listing relating to a Parking Space. We are not a party to the agreement between you and the Driver and we will not be liable to you, the Driver or any third party for any breach of obligations in relation to the Parking Space whether set out in this Agreement, in any listings relating to a Parking Space or otherwise. We simply facilitate the payment between you and the Driver for the use of the Parking Space provided by you.
    4. These terms and conditions may be amended from time to time as we continually develop the services we provide. We may amend this Agreement by posting the amended terms and conditions on our website https://smartparkingfinder.co.ke/owner-agreement. These amended terms and conditions would take effect 7 days following being posted. Should you no longer wish to use the Services you can simply stop using the Services.  Any amendments or new terms and conditions will be available on our Website. The terms and conditions on the Website at the time you enter into a Booking for a Parking Space or use any other Services will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website & App you will be deemed to have accepted the new terms.
    5. This Agreement is with you, the person using the Services . You will comply with the terms of this Agreement and any additional requirements in relation to the Parking Space. If you allow another person to assist with managing a Booking or Parking Space you agree you will remain responsible for the Booking and the Parking Space.
  2. Services and listing
    1. In order to take Bookings for your Parking Spaces you must register an Account by downloading our Parkingfinder Partner App.
    2. We may advertise your Parking Space on our Website and Parkingfinder Kenya application and provide information to Drivers and prospective Drivers who may wish to use the Parking Space.
    3.  In your listing you agree to provide all relevant information about the Parking Space including:
      1. the address and a full description of the Parking Space;
      2. any restrictions on the types of vehicles that are suitable for the Parking Space;
      3. any other information or restrictions which apply to the Parking Space (including, for example, any access restrictions) which a Driver should be aware of before booking the Parking Space.
    4. You are also required to provide us separately with information before we will list the Parking Space including your name, address and telephone number.
    5. You must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time and we may also ask you to clarify any information you have provided. This may include, but is not limited to, photographic identification for you (including a passport or driving licence) and / or any contracts relating to your rent or ownership of the Parking Space.
    6. You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a Booking. You may be liable to the Driver if the information you provide is inaccurate, incomplete or misleading in any way.
    7. To the extent that you provide equipment to Drivers as part of your Parking Space offering (for example car washing machine) you agree you are responsible for that equipment and liable to the Driver for any damage or harm incurred as a result of the Driver using that equipment (save for where the Driver does not comply with user instruction or guidance provided) and that Smartparkingfinder we will not be liable to you, the Driver or any third party.
    8. We reserve the right to conduct a physical inspection of the Parking Space on reasonable prior notice and may remove your listing if the Parking Space does not conform to the information you have provided or our standards, or we believe you to be in breach of your obligations under clause 8 (Your obligations).
    9. In addition to advertising the Parking Space, we may be entitled to send promotional emails to Drivers (where we have the correct permissions to do so) and provide such information about your Parking Space as we may deem appropriate to promote SPF or your Parking Space.
    10. We may refer to you or your Parking Space at any time in the future to publicize ourselves or our Website. To the extent a Parking Space relates to a residential address we will not reveal the specific address in such publicity.
  3. Appointment as Agent
    1. You appoint us as your agent for the purposes of forming binding agreements between you and the Driver in relation to Bookings. You grant a licence to the Driver to use the Parking Space to which a Booking relates for the period of that Booking (“Booking Period”). You also appoint us to collect your fees in relation to the Booking from the Driver.
    2. At the time the Booking of the Parking Space is confirmed and payment is received from the Driver (in accordance with clause 4 below), a binding agreement will be formed between you and the Driver. The agreement between you and the Driver will include the relevant terms and conditions of these terms and conditions and will also include any additional restrictions relating to your Parking Space if listed by you in accordance with clause 2.
    3. You may not incorporate any additional terms into the agreement between you and the Driver other than the restrictions clearly included in your listing.
    1. Payment.
      1. You authorize us to accept and hold  payments on your behalf. We will forward the initial payment received from the Driver to you, within 48 hours after the start of the Booking Period
  4. The Parking Space and Licence for the Booking Period
    1. Before any Booking Period you must ensure that the Parking Space is in a satisfactory condition and complies with the information given in your listing.
    2. Unless you have agreed to the Driver being given a later departure time or further Booking Period (which must be agreed through the our Platforms), if a Driver stays longer than the Booking Period, the Driver will be liable to pay the full price for any additional time stayed. If a Driver does stay for such an additional period you authorize Parkingfinder Kenya to collect payment of any such additional fees from Driver on your behalf.
    3. You represent and confirm that you own the Parking Space or are authorized to allow third parties to use the Parking Space (including having the necessary permission from any relevant landlords, tenant or association and / or other third parties to offer the Parking Space for use by Drivers) and that the licence for the Driver to use the Parking Space during the Booking Period will comply with all applicable laws, rules and regulations that may apply to the Parking Space, including but not limited to parking laws, tax requirements and laws governing rental of or licenses to use residential and other properties. If you are in any doubt you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, condominium documents or any other documents to ensure that you are able to grant a licence to use the Parking Space.
    4. You agree to notify us immediately (and provide copies where requested) upon receiving any notice, or correspondence from any governmental authority, landlord or any association (or other persons who control any part of which the Parking Space is a part) in connection with your use of the Parking Space for the Services. Following such notice we reserve the right to terminate this Agreement and remove the Parking Space from the our platforms.
    5. We will not be liable to you, the Driver or any other third if you do not have the necessary authority referred to in clause 5 iii.
  5. Complaints and Disputes
    1. You agree that if you have any dispute with a Driver concerning your Parking Space or any use of the Parking Space you will attempt to resolve it in the first instance by directly communicating with the Driver.
    2. In the event that a dispute cannot be resolved with the Driver directly, you may refer the dispute to us or make a complaint. Similarly, a Driver may refer a dispute to us. We are under no obligation to resolve any disputes between you and a Driver. However, we may seek to resolve the dispute between you and a Driver and we may require that a Driver makes further payment to you. Or we may require that you refund payments you have received from the relevant Booking.
    3. You agree that if we determine that you should make a refund or other payment to a Driver, you will be responsible for these amounts and we may use any funds we are holding on your behalf in order to settle a dispute with the Driver and then seek the funds from you.
    4. You agree that the provisions in this clause will survive any termination of this Agreement.
  6. Cancellation
    1. If you want to cancel a Booking you must do so through the cancellation policy  which may be updated from time to time (“Cancellation Policy”).
    2. Furthermore, you agree that if a Driver wishes to cancel a booking they may do so through us and our app and we will act as your agent in dealing with any cancellation. If we are required to process a cancellation we will do so in accordance with the Cancellation Policy.
    3. If we have received any payments in respect of a booking before a Booking Period begins and such booking is subsequently cancelled by you or the Driver, you authorize us to refund the Driver from any payments we are holding on your behalf. Where you have received payments you are required to refund the Driver in accordance with the Cancellation Policy.
  7. Your obligations
    1. You must:
      1. honor all bookings with Drivers and ensure that the Parking Space is available for the duration of the Booking Period;
      2. not obstruct the Driver or prevent the Driver from parking in the Parking Space and not allow any vehicle, other than the vehicle detailed in the Booking to use the Parking Space during the Booking Period;
      3. not deliberately do, or omit to do, anything which will or is likely to put the Driver or their vehicle at risk;
      4. provide your Parking Space in accordance with the details and information set out in your listing;
      5. ensure that all information about you and your Parking Space that you provide to us for inclusion on the app is true and accurate in all respects and could not in way be construed as misleading to a Driver;
      6. ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the Booking Period and that any equipment provided as part of the Parking Space (including electric vehicle charging equipment for example) is in good working order;
      7. deal with all Drivers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
      8. deal with all queries from Drivers relating to a Parking Space or booking in a prompt and satisfactory manner;
      9. be available by telephone, SMS or email prior to or at the commencement of the Booking Period to direct the Driver to the Parking Space;
      10. subject to clause 6 use your best endeavors to settle any disputes that may arise during a Booking Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Driver may still fulfill his booking.
    2. You agree that you will not create any false account with SPF or use your account with SPF for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
    3. You agree to use Parkingfinder Kenya as your exclusive agent for the purposes of making and accepting bookings from  Drivers. 
  8. Bank Account & M-Pesa details

    1. In order to register an account you may be required to provide us with bank account details to enable us to make payments to you. If you do not provide us with the  details  you will not be able to withdraw funds from your Account.
  9. Termination and suspension
    1. If you do not comply with the terms of this Agreement (including but not limited to not complying with the Cancellation Policy or not having the right to offer a Parking Space to Drivers) we may suspend or close your Account and you will not be able to use our Services (including taking and accepting Bookings).
    2. If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to take or accept any further Bookings. If you attempt to avoid this by creating or attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
    3. If we suspend or terminate your Account, upon termination you will no longer be able to use our Services or take or accept Bookings through us. If you have any outstanding Bookings for which Drivers have made payment directly to you, you must refund those Drivers for those Bookings in accordance with the Cancellation Policy and the Bookings cannot proceed. The terms of this Agreement will continue to the extent they relate to existing consequences of previous Booking (for example terms relating to fees, liability and damage).
    4. You may also terminate this Agreement at any time, but if you terminate this Agreement you agree to honor any outstanding Bookings at the time of termination. From the date of termination we will not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding Bookings.
    1. When accepting a Booking we may share details of the Driver with you (Shared Data)via our app. The Shared Data may include a Driver’s name, telephone number and car registration. These details are provided to you for the purpose of accepting and fulfilling Bookings. In relation to the Shared Data provided by us, you agree to:
      1. comply with your obligations under the data protection legislation;
      2. provide us with all reasonable assistance as we may require from time to time;
      3. only use the Shared Data for the purpose of accepting, managing and fulfilling Bookings and for security purposes (Agreed Purposes); and
      4. only use the Shared Data for the duration of the Booking.
    2. The permitted use of the Shared Data expressly excludes (without limitation):
      1. disclosure in breach of the confidentiality obligations in Clause 14 below;
      2. use of the Shared Data for any purposes inconsistent with the Agreed Purposes unless required or permitted by law;
      3. transferring the Shared Data outside of Kenya
      4. including any element of the Shared Data within any larger data set already held by you; and
      5. washing or integrating any element of the Shared Data against any previous data derived by you from other data washing activity.
    3. Smartparkingfinder reserves the right upon giving reasonable notice and within normal business hours to inspect (either by itself or through an appointed third party) your systems in order to ascertain compliance with the data protection legislation and the terms of this Agreement. Each party shall bear its own costs of any such inspection which shall be carried out with the minimum of disruption.
    4. Even where the Shared Data does not constitute personal data for the purposes of the data protection legislation, you shall (for the purposes of this Agreement treat the Shared Data as though it were personal data).
    5. You shall where you are acting as data controller in relation to Shared Data:
      1. issue notices to data subjects in relation to the Shared Data about your processing of such Shared Data when requested to do so by Parkingfinder Kenya;
      2. allow Parkingfinder Kenya to approve and, if Parkingfinder Kenya deems necessary, to amend any notices given to data subjects in relation to the Shared Data that are required by data protection legislation;
      3. promptly inform Parkingfinder Kenya about the receipt of any data subject access request;
      4. not disclose the Shared Data with any party other than the parties to this Agreement, the employees and subcontractors of each party who need access to the Shared Data and any other third parties engaged to perform obligations in connection with this Agreement;
      5. ensure that you have in place appropriate technical and organizational measures, reviewed and approved by Parkingfinder Kenya, to protect against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
      6. provide Parkingfinder Kenya with reasonable assistance in complying with any data subject access request;
      7. not disclose or release any Shared Data in response to a data subject access request without first consulting with and obtaining the consent of Parkingfinder Kenya;
      8. assist Parkingfinder Kenya, at the cost of Parkingfinder, in responding to any request from a data subject and in ensuring compliance with its obligations under the data protection legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      9. notify Parkingfinder Kenya without undue delay on becoming aware of any breach of the data protection legislation;
      10. not transfer any personal data outside of Kenya unless the prior written consent of the data subject has been obtained and the following conditions are fulfilled:
        1. the data subject has enforceable rights and effective legal remedies with regard to the transferred personal data;
        2. the transferring party complies with its obligations under the data protection legislation by providing an adequate level of protection to any personal data that is transferred.
      11. use compatible technology to that used by Parkingfinder Kenya for the processing of Shared Data to ensure that there is no lack of accuracy resulting from personal data transfers; and
      12. maintain complete and accurate records and information to demonstrate your compliance with this Clause 12 and allow for audits by Parkingfinder Kenya or its designated auditor.
    6. You shall procure that where you disclose the Shared Data to a subcontractor in accordance with clause 12.6(d) (whether directly or by requesting SPF to grant access to the Shared Data) that such subcontractor shall comply with the terms and conditions set out in this Agreement.
  10. Insurance
    1. You will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your Parking Space.
  11. Confidentiality
    1. Except as otherwise agreed in these terms and conditions, each party agrees with the other to keep secret and not share (except for with its employees, advisers and contractors) any confidential information it receives from the other party through the Services.
  12. General
    1. You acknowledge that we may transfer our rights under the terms (and any related claims) to any third party without having to obtain your prior permission provided that this will not affect the standard of services you receive under this Agreement and that we notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity, Your only rights under or in connection with this Agreement will be against the new legal entity and not against us.
    2. You agree that these terms are fair and reasonable in all the circumstances. However if any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
    3. If you breach these terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
    4. You agree that your right to access and use the Services is also subject to applicable law and any rules or policies applied by the relevant App Store from which you access the App.
  13. Governing Law and Jurisdiction
    1. This Agreement shall in all respects be governed by the laws of Kenya. We both agree to submit to the non-exclusive jurisdiction of the Kenyan courts, which means: (i) that if you live in the Kenya, you may enforce your rights in connection with these terms