TERMS & CONDITIONS

Welcome! By using Smarg(the "mobile application"), you agree to be bound by the following terms and conditions (the "Terms of Use" or "Agreement"). As used in this Agreement, Smarg will be referred to as "Smarg" or "we," and you will be referenced as "you". This Agreement incorporates by reference the following policies and documents also found on this Site:

Privacy Policy

Acceptance

The following terms and conditions govern your use of the parking information, materials and documents being made available to you at this website. Smarg API and other tools provided for users who are developers ("Developers") (collectively, the "Materials"). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this Site or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site or the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Part I: General Terms and Conditions

Reservation of Rights

The Smarg name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Smarg Technologies Pvt. Ltd. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Smarg or third party trademarks or logos without the prior written consent of Smarg or the applicable trademark owner.

The service provided by Smarg is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. (iii) Report violations if occurred at parking places. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.

For clarification, Smarg ​ does not:

Privacy Policy; Security

You confirm that you have read and accept our ​ Privacy Policy​ , the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Smarg, Inc. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. Smarg makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Smarg. will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Smarg in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Smarg and may be used by Smarg in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Smarg is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments.

You agree you will be solely responsible for the content of any Comments you make. Links to Other Web Sites and Services To the extent this Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their web sites or any products or services offered on those web sites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Smarg does not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by logging in through either your Facebook or your Gmail account for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

Ownership; Sublicensing

The Site contains various information in the form of data, text, graphics, and other materials from Smarg and third parties (the "Site Content"). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content is and shall remain the property of Smarg or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.

As between Smarg and you: (i) Smarg retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site, including, without limitation, the API, Database, Smarg Content, trademarks, and any and all Smarg services and any content created or derived therefrom (collectively, the "Smarg IP"); and (ii) you and, to the extent applicable, your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by Smarg. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Smarg or its suppliers. You shall not take any action inconsistent with Smarg’s ownership of Smarg IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.

Uptime

Smarg makes no guarantees with respect to the availability or uptime of the Smarg Site, the API, the Smarg Content or the Database. Smarg may conduct maintenance on any of the foregoing at any time with or without notice to you.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Disclaimer and Liability Limit

The Site, the Site Content, the API, the DataBase, and any other materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Smarg’s liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) ​ the total dollar amount of all parking booked via Smarg in the 12 months prior to the action allegedly giving rise to liability​ . Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

Copyright Complaints

If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

To contact our Copyright Agent, please email to ​ contact@smargtech.com Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of Indore, Pune, India, 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 state and federal courts located in Indore and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Modification

Smarg may at any time modify these Terms of Use and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Part II: Additional Terms and Conditions Specific to Buyers

Booked Parking Usage

Users who book parking through the Site ("Buyers") must present the Smarg parking pass in accordance with the instructions included with the booking to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Seller, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.

Buyers are responsible for ensuring they arrive at their booked parking location. Smarg is not liable for road closures or changing traffic conditions.

The parking booked is valid only for the times listed on the parking pass.

If a parking facility allows tailgating on its premises, it is the customer’s responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.).

Resale of Smarg parking passes is not permitted.

Cancellations and Refunds

Parking booked through Smarg is fully refundable within 1 hour with start of the reservation unless. Parking customers can cancel their booking for any reason before this time. Cancellations must be submitted to the Smarg mobile application.

Sellers will not be charged any fees for cancelled bookings.

After 1 hour prior to the start of the parking reservation, ​ all bookings are non-refundable​ , even if the Buyer was unable to use the parking.

Event Cancellations and Contingent Events

Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.

Pricing and Lowest Price Guarantee

All parking prices on Smarg app are set directly by the parking owner, not Smarg.

"Lowest Price Guaranteed" is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as "Lowest Price Guaranteed" may differ from the drive-up rates, if available.

Part III: Additional Terms and Conditions Specific to Sellers

Order of Precedence

In the event that a Seller has entered into a separate written Seller Agreement with Smarg and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.

Seller Console

Subject to the terms and conditions of these Terms of Use, Smarg hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Seller Console and the information Smarg provides or makes available to you in connection therewith, solely for internal business purposes. You will not (and will not permit any third party to) make any use or disclosure of the Seller Console that is not expressly permitted under this Agreement. Without limiting the foregoing, you will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats or interface protocols of the Seller Console or of any files contained in or generated by the Seller Console; (ii) copy, modify, adapt or translate the Seller Console, (iii) resell, distribute or sublicense the Seller Console, make the Seller Console available on a "service bureau" basis, or otherwise allow any third party to use or access the Seller Console, (iv) remove or modify any proprietary marking or restrictive legends placed on the Seller Console; or (v) use the Seller Console in violation of any applicable law or regulation. As between Smarg and you, Smarg retains title to and ownership of the Seller Console, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Seller Console other than those expressly granted under this Agreement.

Fulfillment

By listing parking for booking on Smarg , the Seller agrees to honor any parking sold. All information provided in the Smarg listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, Smarg will hold the Seller liable to reimburse the Buyer for their expense.

Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your Smarg account. Smarg maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.

Payment

Smarg guarantees payment to the Seller for all bookings fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller’s request, and will be processed in no more than 10 business days.

Taxes

Seller assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by Smarg , and shall include any applicable taxes in the Base Price set by Seller in the Seller Console. Smarg shall have no obligation to collect or remit any tax amounts. Seller shall indemnify Smarg and hold Smarg harmless from and against all state and local taxes, except income/service taxes, imposed on Smarg that relate to transactions originated by Smarg.

Contact Information

The Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose.

Sellers must submit a phone number for each parking location they list on Smarg. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller’s expense if this number is not answered during the parking reservation period.

Making Adjustments

Sellers authorize us to withhold payment or charge their credit card account any amount owed to Smarg if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Smarg Guarantee; (c) we reasonably believe that a Seller has committed fraud or other illegal act or omission during any buying or selling activity; (d) Seller provides incorrect or misrepresented parking and/or parking related services for any booking or portion thereof.

Dispute Resolution

The Smarg Guarantee provides Buyers the protection and motivation to book their parking at Smarg.in. Thus, we require Smarg sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking as per the terms of the Smarg Guarantee. Sellers permit us to make a final decision, in our sole discretion, on any claim that a Buyer files with Smarg under the Smarg Guarantee. If we resolve a dispute in the Buyer’s favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any Smarg fees for the booking will be refunded to the Seller. A warning notice will also be sent to the Seller.

Grant of License

You grant Smarg a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to Smarg in connection with your use of Smarg and its Services. You agree that Smarg shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Smarg user) in connection with the content in conjunction with Smarg’s marketing, promotion and publicity efforts in any media known now or in the future.

Indemnity

You agree to indemnify and hold Smarg and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Smarg and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.

Intellectual Property

Ownership in the Software will at all times remain with Smarg. Smarg will retain all right, title, copyright, trade secrets, patents, trademarks, and other proprietary and intellectual property rights in the Software or Services. You do not acquire any rights, express or implied, in the Software or Services, other than those specified in the Agreement. You will not remove any copyright, patent, trademark, design right, trade secret or any other proprietary rights or legends from the Software or Services, unless removal is permitted by subscribing to Smarg White Label feature, an add-on available as part of the electronic terms.

Exceptions

The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at ​ contact@smargtech.com.