1. Definitions
Unless otherwise stated, the following terms have the meanings set out below:
- collection, curation, and publication of parking information;
- online search and reservation of parking spaces; and
- online payment for certain parking spaces, via the website and any other channels designated by the Company.
2. Scope and Changes to the Terms
- These Terms apply to all users of the Service, including Drivers and Suppliers.
- The Company may amend these Terms as necessary. In case of material changes, the Company will provide notice in a reasonable manner (such as posting on the website or by email) before or at the time the changes take effect.
- Unless otherwise specified, amended Terms take effect upon posting on the Company's website, subject to any mandatory provisions of Vietnamese law or other applicable laws.
3. Nature of the Service and Role of the Company
- The Service is an online marketplace with the following functions:
- The Company is not an operator or bailee of any parking facilities and is not a party to any parking contracts between Drivers and Suppliers.
- For Online-Payment Parking, the Company acts as a payment agent of the Supplier, receiving the Transaction Amount on behalf of the Supplier and remitting the net amount on the Settlement Date.
4. Information-only Parking
- The Company may collect and curate Parking Information for Information-only Parking from publicly accessible sources, including:
- online map services;
- websites, blogs, and other online publications of parking operators or third parties;
- social media pages (e.g., business profiles, fan pages); and
- information published by public bodies, media, or other open sources.
- Even without any prior contract with the parking operator, the Company may, within the scope permitted by applicable laws and the relevant platform terms, compile and edit such publicly accessible information and display it on the Service as a parking information directory.
- The Company endeavours to keep such information reasonably up to date; however, it does not warrant that the information is complete, accurate, or current.
- Operators or other rightsholders of Information-only Parking may request corrections, updates, or removal of their Parking Information. The Company will respond within a reasonable scope and timeframe.
- When a Driver uses Information-only Parking, any reservations, payments, and dispute resolution are handled directly between the Driver and the parking operator. The Company does not participate in such relationships and is not a party to such contracts.
5. E-contract Formation and Pre-contract Information
- Reservations and other offers/consents made through the Service are validly concluded by electronic means such as clicking buttons or similar actions. Contracts generated through automated systems are not invalid solely on that basis.
- In accordance with Vietnamese e-commerce regulations (including Decree 52), the Company will display key contractual terms (such as fees, duration, cancellation and refund conditions, and penalties) before submission and provide mechanisms enabling users to review and correct their input.
6. Accounts and KYC
- Users must provide true, accurate, and up-to-date information when registering and must keep such information current.
- Suppliers represent and warrant that they hold lawful title or authority (ownership, leasehold, management rights, etc.) and all necessary permits and registrations to provide the relevant parking spaces.
- Suppliers agree to cooperate with the Company's KYC (know-your-customer), anti-fraud, sanctions, and anti-money laundering checks as required under Vietnamese law.
7. Bookings and Payment Methods
- Drivers may search for Bookable Parking and submit reservation requests by entering desired dates/times, vehicle information, and other required details via the Service.
- Payment methods for Bookable Parking are as follows:
- For each parking space, the booking flow will clearly indicate which payment methods are available (Pay at Location only, Pay Online only, or both).
- Where Pay Online is selected, the Driver pays the full Transaction Amount to the Company through the Service. The Company receives the funds as payment agent of the Supplier and remits the net amount to the Supplier on the Settlement Date after deducting the Margin and any set-offs. The Driver's payment obligation to the Supplier is deemed discharged upon receipt of the funds by the Company.
- Where Pay at Location is selected, the Driver pays the Supplier directly at the facility in accordance with the displayed conditions. The Company does not act as payment agent in respect of such payments and is not involved in the handling of cash. The settlement of the Margin between the Company and the Supplier is governed by Clause 9.
- The Company may cancel or suspend online payments or reservations in accordance with its internal procedures in case of, among others, payment processor rejections.
8. Cancellations, Refunds, and Overstay
- Cancellation, refund, and overstay policies for Bookable Parking will be clearly displayed on each listing page and at checkout.
- No refund will be made for late cancellations or no-shows beyond specified deadlines, unless required by law.
- For online payments, refunds will be processed by the Company according to its prescribed methods and timelines, and receipt timing may depend on the Driver's payment method and processor.
- In case of overstay, the Company may charge additional fees to the registered payment method as per rules displayed in the listing.
9. Supplier Payouts, Settlements, and Set-off
9.1 Online payments
- For Online-Payment Parking, the Company will deduct an agreed Margin and any set-off items (chargebacks, refunds, penalties) from the Transaction Amount, remitting the remaining funds to the Supplier in aggregate on the Settlement Date.
- The Company is not liable for payment delays or failures due to incorrect bank details or other Supplier-attributable reasons, and the Supplier bears additional re-transfer costs.
9.2 Pay at Location (Supplier receives cash directly)
- When Drivers pay the Supplier directly at the facility, the Supplier must remit to the Company, on the Settlement Date, the aggregate Margin and any agreed set-off items for such transactions.
- The Supplier shall submit sales reports for such transactions as prescribed by the Company, and the Company may, within a reasonable scope, reconcile such reports with reservation data.
- Each party is responsible for its own compliance with applicable tax, accounting, and e-invoicing rules.
10. Prohibited Conduct
Users must not engage in any of the following when using the Service:
- false or misleading registration or impersonation;
- listing or accepting reservations for parking spaces without proper authority;
- encouraging illegal or unauthorised parking;
- bringing hazardous materials or otherwise compromising safety;
- causing nuisance to neighbours (noise, littering, etc.);
- damaging facilities, equipment, or other vehicles;
- unauthorised access to or interference with the Service's systems or networks;
- manipulating reviews or submitting fraudulent claims; or
- any other conduct that violates applicable laws or the Company's policies, or that the Company reasonably deems inappropriate.
11. Supplier Obligations
- Suppliers must ensure that all information displayed about their parking spaces (fees, hours, restrictions, entrance/exit, conditions, cancellation/refund terms, etc.) is accurate and kept up to date.
- Suppliers must ensure on-site safety and hygiene and comply with all applicable technical, traffic, fire, building, and other regulations.
- Suppliers are liable for any losses arising from lack of lawful rights, inadequate safety measures, or illegal operation of their parking spaces.
12. Driver Obligations
- Drivers must comply with posted rules, usage conditions of parking spaces, and all applicable laws.
- Drivers are liable for repair costs and other losses if they damage parking facilities or other vehicles due to intent or negligence.
- Drivers are solely responsible for their vehicles and belongings; the Company is not liable for theft, loss, or damage to vehicles or their contents.
13. Intellectual Property
- All intellectual property rights related to the Service (including copyrights, trademarks, and database rights) belong to the Company or its licensors.
- Users are granted a non-exclusive, non-transferable right to use the Service for its intended purposes only, and are prohibited from copying, modifying, distributing, or publicly transmitting any part of the Service unless expressly permitted by law.
14. Personal Data and Privacy
- The Company will handle users' personal data in accordance with its Privacy Policy.
- Users can exercise their rights under Vietnamese personal data protection regulations (including access, correction, deletion, and withdrawal of consent) by following the procedures outlined in the Privacy Policy.
15. Disclaimers and Limitation of Liability
- The Service is provided on an "as is" basis without any express or implied warranties as to completeness, accuracy, fitness for a particular purpose, or uninterrupted availability.
- The Company is not liable for any indirect, special, consequential, or incidental damages or loss of profits arising out of or in connection with the use or inability to use the Service.
- To the extent liability of the Company is established, the total aggregate liability of the Company for a particular transaction shall be limited to the amount of the Margin actually received by the Company for that transaction.
- This limitation does not apply to the extent that liability cannot be excluded or limited under applicable law, or in cases of the Company's wilful misconduct or gross negligence.
16. Force Majeure
- "Force Majeure" means events that are objective, unforeseeable, and unavoidable despite all necessary measures being taken (including natural disasters, war, riots, terrorism, fire, flood, epidemics, power outages, and government actions).
- The Company is not liable for delays or failures in performing the Service to the extent caused by Force Majeure.
17. Suspension and Termination
- If the Company reasonably believes that a user has violated these Terms or has engaged in fraudulent or illegal conduct, the Company may, without prior notice, suspend or remove listings, cancel bookings, or disable the user's account.
- Nothing in this Clause shall prejudice any mandatory consumer rights under applicable consumer protection laws.
18. Dispute Resolution
- Complaints, inquiries, and disputes from users will first be handled through the Company's internal dispute resolution process as set out in its Dispute Resolution Policy.
- If not resolved internally, users may escalate matters to competent authorities, consumer protection bodies, alternative dispute resolution mechanisms, or ultimately to the courts.
- Consumer users retain any mandatory venue rights granted under applicable consumer protection laws.
19. Governing Law, Jurisdiction, and Language
- These Terms are governed by the laws of the Socialist Republic of Vietnam, excluding conflict-of-law principles.
- Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Hanoi, Vietnam, without prejudice to any mandatory consumer venue rights.
- These Terms are prepared in Japanese, English, and Vietnamese. In case of any inconsistency, the Vietnamese version shall prevail.