Last updated: (5/18/17)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://vicarparking.com website (the “Service”) operated by ViCar Pariking) (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, Name, Number, email and billing information.
Members agree to pay, and authorize ViCar Parking’s third party payment processor to charge via the credit card or third party payment processing account on file in your Account (your “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Services. Members will be charged a single fee for a Parking Services transaction containing both a Pickup and Return (“Service Fee”). Service Fees may vary, for example based on service or the amount of time your vehicle is stored in the Parking Facility. When scheduling Parking Services through the dispatcher, you will be quoted an estimate of the applicable Service Fee before you confirm your reservation. Please note, however, that your actual Service Fee for the Parking Services may vary from these estimates based on the actual amount of time between Drop Off and Pickup (e.g., if you leave your vehicle with ViCar Parking overnight). You are responsible for providing complete and accurate Payment Method and contact information to us. We may suspend or terminate your access to the Services if Service Fees are past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any taxes. ViCar Parking has no obligation to provide refunds or credits relating to any Services, but may do so in ViCar Parking’s sole and absolute discretion.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring monthly cycle depending on when your service begins.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ViCar Parking
ViCar Parking has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ViCar Parking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
ViCar Parking will provide limited liability insurance covering Members and Agents during the performance of the Services. ViCar Parking provides excess automobile liability insurance up to $1,000,000 per occurrence. The policy offers liability protection while Valet Services are being provided. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions may apply.
If you wish to make a claim for any damage to your vehicle that you believe occurred during the performance of our Services, you must submit a claim for such damages to ViCar Parking on the same day such Services were performed. If you fail to submit your claim on the day it occurred, you automatically agree to waive any rights for any such Vehicle Damage. You agree to provide ViCar Parking any information or documentation that ViCar Parking may require in order to verify a claim for reimbursement for Vehicle Damage. ViCar Parking will not be responsible for any incidental, mechanical failures, special, exemplary or consequential damages in connection with any Vehicle Damage. In addition, ViCar Parking will not be responsible for and personal items left inside the vehicle, including but not limited to handbags, wallets, cell phones and electronics. ViCar Parking’s liability to reimburse you for Vehicle Damage shall be limited to the actual costs of repair by an automobile repair company selected by ViCar Parking.
At ViCar Parking’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before Attorney Marc Wynrich, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Queens NY before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by Attorney Marc Wynrich, and will be conducted in accordance with the rules and regulations promulgated by Attorney Marc Wynrich unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if ViCar Parking changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of ViCar Parking email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and ViCar Parking in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account or Agent Account at any time via calling/texting or emailing ViCar Parking. Upon any termination, discontinuation or cancellation of Services or your Account or Agent Account, the following sections will survive: ”Payment Terms,” “Content Ownership, Responsibility and Removal,” “Termination,” “Warranty Disclaimers,” “Assumption of Risk and Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
ViCar Parking conducts BACKGROUND CHECKS INCLUDING criminal AND MOTOR VEHICLE BACKGROUND CHECKS ALONG WITH A REVIEW OF OTHER RELEVANT BACKGROUND INFORMATION on its Agents. Further, only Agents who successfully complete ViCar Parking’s SCREENING PROCESS, as determined in ViCar Parking’s discretion, will provide Parking Services. ViCar Parking endeavors to ensure positive interactions between users and Agents, and works hard to ensure an optimal, comfortable and safe experience; however, Agents are human beings, and no one is perfect. ViCar Parking makes no warranty in connection with and/or arising from, Agent’s provision of Parking Services, any acts, action, behavior, conduct, and/or negligence on the part of the Agent. FURTHERMORE, VICAR PARKING MAKES NO WARRANTY REGARDING THE PARKING FACILITY IN WHICH MEMBER’S VEHICLE WILL BE STORED BETWEEN DROP OFF AND PICK UP.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.