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Terms & Conditions

TERMS OF SERVICE FOR CLIENTS

We are Carsleep OÜ (Carsleep Limited), a company established and existing under the laws of Estonia, with registry code 11883706, located at Poska tn 5, Tallinn 10147 (hereinafter “Carsleep”, “we”, “us” and “our”) and we are providing a service (hereinafter “Service”), through which the customers (hereinafter “Client” or “you”) are enabled to administer the parking of a vehicle and use other additional services and parking operators (hereinafter “Partner(s)”) are enabled to provide the parking services.

Carsleep Service is available via the platform on the website of Carsleep https://carsleep.info/, https://carsleep.eu or https://carsleep.ru (hereinafter together as “Platform”) and via a mobile application available for downloading at Google Play and AppStore (hereinafter “App”).

Via the Platform and App you can administer the parking of the vehicle in all cities where Carsleep is available and in all parking lots and areas which are operated by the Partners (hereinafter the “Parking Service”). In addition to the Parking Service, you can request other parking related services through the Platform or App (hereinafter the “Additional Service”).

By accepting these Terms of Service and using the Service, you confirm that you have carefully read and understood these Terms of Service and you agree to be bound by these Terms of Service and conditions and policies referenced herein. When accepted by you, these form a legally binding agreement (“Agreement”) between you and us for using the Service.

 

USING THE SERVICE

The Service can be used only by registered users. User can become registered user by submitting a registration application via the Platform or App and accept these Terms of Service. By doing so, you confirm that any registration information submitted by you is true, accurate and complete, and you consent to use the Service and the Platform/App in compliance with these Terms of Service.

In order to enter into the Agreement, you must have full active legal capacity. If you are acting on behalf of a legal entity (which shall be regarded as Client), this legal entity must be duly incorporated and have full legal capacity. When acting on behalf of a legal entity you represent that you have full legal authority to bind that legal entity with the Agreement.

During the registration process you are asked to submit the following information name, e-mail address or mobile number, registry plate of the vehicle(s) and payment data. In case you are creating an account for legal entity then you are also asked to provide the following data about that legal entity: Carsleep Limited (Carsleep OÜ).

The use of the Service may require you to activate the function “allow location access” on your mobile phone.

If you are acting on behalf of a legal entity, who is a corporate user, you shall be solely responsible for adding vehicles, the parking of which shall be charged from this corporate user.

We reserve the right to reject your registration application or deactivate your user account upon our own discretion at any time and without an obligation to justify our decision.

The Agreement is entered into as of accepting these Terms of Service. For avoidance of any doubt, you may not use the Platform/App before you have accepted these Terms of Service.

By accepting these Terms of Service, you understand that it is prohibited to:

use the Service or its content for any unlawful purpose;

solicit others to perform or participate in any unlawful acts;

violate any international or local regulations, rules and laws;

harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

submit any false or misleading information;

upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Platform and App;

spam, phish, pharm, pretext, spider, crawl, or scrape;

use the Service for any obscene or immoral purpose;

interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

use the Service if you are not able to form legally binding contract (for example if you are underaged as stipulated in Section 2) or does not have valid authorization to act on behalf of a legal entity), or if you are temporarily or indefinitely suspended from using our sites, services, applications or tools;

transfer your user account on the Platform/App to any other party;

circumvent any technical measures we use to provide the Service.

We reserve the right to update, amend or replace any part of Terms of Service on the basis of objective reason. In case of update to the Terms of Service, we will notify you via e-mail or by posting revised terms on Platform and App.

We shall add and keep updated the user manuals in English and Russian languages explaining in detail the technical steps for users registration and using of functions of the Platform and App.

 

RIGHTS AND OBLIGATIONS IN USING THE SERVICE

Subject to the Terms of Service, you are granted a limited non-transferrable non-exclusive license to use the Service, the Platform and App as regulated herein. You understand and agree that Platform and App are solely and exclusively owned and operated by us and/or our third-party partners. You understand that your use of Service does not grant you the ownership of any content of the Platform and App. You are not allowed to lease, rent or reuse software provided to you as part of provision of the Service.

You are responsible for procuring that any information provided by you during the registration process are relevant and accurate. You understand that any mistake in the provided information may cause problems in verifying your right to use the Service. We are under no circumstances liable for erroneous registered information. You undertake to make necessary amendments to the provided data when any changes occur.

You understand and agree that you are liable for maintaining the confidentiality of your username and password. All activities on the Platform and App conducted under specific username and the password shall be deemed to be conducted by the user, to whom this username and the password belongs according to the information available for Carsleep. You shall immediately notify us if you believe the security of your account has been compromised.

You shall ensure that the payment card connected with the Service is valid, not blocked and that the associated account, if any, has sufficient coverage.

 

PARKING SERVICE

The Platform and App allow you to use the Parking Service.

Parking Service allows you to park your vehicle(s) at parking lots and areas (hereinafter “Parking lot(s)”), which are operated by our Partners. The Parking lots, where the Parking Service is available may have Carsleep signs or other Carsleep distinctive marks. Also, up to date list of our Partners and the Parking lots is available on the Platform and App.

You acknowledge and understand that Parking Service is provided and Parking lots are operated by the Partners, who are independent service providers and who have the right to establish their own parking rules and charges. For the sake of clarity, Carsleep does not provide the Parking Service.

When using the Parking Service, you undertake to comply with applicable laws and regulations and the rules established by each Partner. You are not allowed to park your vehicle in the Partner Parking lot, in case you do not accept the rules established by the Partner and/or applicable law. Upon activation of the Parking Service (by pushing button “Start parking”) via the Platform or App, the terms of using specific Parking lot (e.g. parking fee, time limits, vehicle type limit etc.) specified by the Partner will become binding to you.

The Platform and App are making the use of the Parking Service notably easy to you. You can activate, deactivate and extend the parking of your vehicle via the Platform or App. Parking Service can also be used for parking under special permits (e.g. residential/parking permit), provided that the relevant parking operator is our Partner and that Partner accepts corresponding special permits. When you wish to use the Parking Service for parking under special permit, you shall ensure that you have valid permit issued by the relevant authority and that such permit is accepted by the specific Parking lot, where you want to park your vehicle.

When using the Parking Service, you can activate the parking of your vehicle via the Platform or App. In the course of activation process, you will choose the relevant parking area code. If you are using the App’s positioning function, then the App shall propose a parking area code to you. You understand that you are fully responsible for specifying the correct area code, which matches the code of the Parking where you wish to park your vehicle. Thus, before activating the parking of your vehicle make sure that the parking code proposed automatically by the App matches the code of the relevant Parking. Carsleep assumes no liability if you have activated the parking with wrong parking code or provided incorrect parking information.

In case the parking has activated correctly, you will receive an automated confirmation via the Platform or App.

When using the Parking Service, you shall certify your parking right in accordance to the terms established by the Partner in the respective parking lot (e.g. by placing the residential/parking permit to the front window of the parked vehicle).

The parking of your vehicle can be ended manually via the Platform or App or automatically after expiry of a time limit specified. You are fully responsible for procuring that a started parking is ended at correct time or prolonged according to your wish and needs.

 

PARKING TICKETS (FINES)

You understand and acknowledge that you are fully responsible for any parking tickets (fines) or charges for incorrect parking and the payment thereof. Any parking violation is a matter between you and the Partner.

The Platform and App can be used by the Partners for the purpose of delivery of the parking tickets (fines) to you. Via the Platform or App you can see fines issued to you, check the circumstances of the issued fines, make a dispute to the Partner regarding issued fines as well as pay the fines, if you have no complaints.

Unless otherwise clearly stated by us, Carsleep does not participate in the process of issuing, handling, disputing or enforcing fines.

 

ADDITIONAL SERVICES

Via the Platform you can also apply for special permit for parking (applying for a charge concession or a charge exemption, applying for a parking card for the vehicle of a disabled person, etc.). For that purpose, you will be required to provide the necessary information and documents as required by us or the corresponding authority.

As all permits are issued by the corresponding authorities or the Partners, we cannot guarantee that all your applications submitted via our Service will be satisfied.

Subject to any additional requirements is specific countries, additional documents and activities from your side may be required to obtain the permits.

 

FEES AND PAYMENT

Via the Platform and App you can use Parking Service in different packages or as one-time parking. Parking Service packages are subject to a fixed fee specified by the Partners operating specific Parking lots, where you wish to park your vehicle. One-time parking may be subject to either a fixed fee or time based fee depending on the terms of the specific Parking lot established by the Partner. Relevant information about the amount of fee as well as terms of its calculation shall be available on the Platform or App prior activating the parking. We strongly recommend reviewing the terms as well as the fee rates prior commencing the parking of your vehicle.

Any Additional Service requested from us is subject to a fee specified in our price list. Fee for Additional Service does not include any state fees and taxes (if applicable). We shall inform you in advance if any actions to be taken in the course of provision of the Additional Service require payment of a state fee or taxes apply.

You understand and acknowledge that the fees for the Parking Service (package price or one-time parking fee) are established by the Partner and the Partner is entitled to amend the fees from time to time without an obligation to justify the amendment. All fees currently applicable to the Parking Services of the Partners shall be specified in the Platform and App. The fees shall not be updated in the course of ongoing using of the Parking Services. Also, you agree that any Additional Services fees established by us, may subject to amendment from time to time.

The fee for the Parking Service is collected by us on behalf of the Partners and then transferred to the Partners. By making a payment to us, you will also be deemed to perform your payment obligation for parking toward corresponding Partner , meaning among other things that your debt towards the Partner for the Parking Services is deemed to be settled once we have received the payment for the Parking Services from you.

Payments for the Parking Service and Additional Services are payable via payment (debit and credit) cards. For that purpose, you will provide your payment card details (card holder name, e-mail address, address and billing information to comply with the security regulations for the payment transactions) and the authorization for debiting this payment card upon using the Parking Service to our licensed service provider having right to initiate and accept payment transactions on your payment card (hereinafter “Acquirer”). Acquirer shall establish, which types of payment cards (Visa, Mastercard, Maestro etc.) are acceptable for payment. Payment card information is verified upon each subsequent request for the Parking Service and the Parking Service will be denied payment card verification does not succeed. By submitting payment card information, you explicitly confirm that this payment card belongs to you and you have full authorization to use it. Carsleep, Acquirer and Partners will not be responsible if this confirmation will turn out to be false.

We calculate the amount of the fees payable for the Parking Service based on the tariffs established by the Partners for each Parking lot as specified in the Platform and App and the actual time of parking of your vehicle. The parking fees in the calculated amount shall be collected from your payment card after you finish the parking and will be transferred to the payment account of Carsleep. Carsleep shall be entitled to collect parking fees on accrued basis upon achieving agreed monetary limit of EUR 10, or regardless of the amount due within 30 days of the date when the debt was incurred

You shall guarantee that the payment card provided by you has always sufficient monetary funds to cover all the fees for used Parking Services. If you fail to have sufficient funds, the Partner or Carsleep (given that we are so authorized by the Partner) shall be entitled to claim from you the debt related to the Parking Services whether by turning to public authorities or private debt collecting agencies. You shall bear all expenses related to such debt collection.

Complaints regarding erroneous of the parking fees shall be handled and decided upon in dialogue with the relevant Partner. If the complaint is approved, the Partner shall without delay compensate the relevant amount to you. You will not be entitled to payment of any interest in this case.

 

CUSTOMER SUPPORT AND CONTACT INFORMATION

We provide you customer support service via e-mail to help and assist you with the technical questions that might arise upon your use of the Service (hereinafter “Support Service”). You are welcome to ask our help at any time by sending us an e-mail to and describing, in detail, the question and/or problem you have.

Support Service is available from Monday to Friday at 10:00 am to 16:00 pm (UTC +02:00), excluding Estonian national holidays. We try to response to your Support Service requests as soon at our earliest convenience.

We will communicate all notices to you in writing by email, the Platform or App. You confirm that such way of provision of notifications is sufficient and you explicitly refuse from the right to claim for notifications in any other form. You must ensure that the contact details provided by you to us are always valid and in working order. Otherwise you must amend them immediately.

 

LIABILITY AND IDEMNIFICATION

We explicitly refer that the Platform and App are used solely as the means for organizing the provision of the Parking Service by the Partners, but not as provision of the Parking Services. We cannot take any responsibility in relation with the Parking Service. Taking into consideration the foregoing, you are fully responsible to comply with the applicable parking laws and regulations, incl. the terms established by the Partner and applicable in the relevant Parking lot. In case of any complaints regarding the Parking Service, you should always contact the parking lot operator (the Partner) in question in the first instance.

Carsleep shall not be liable or responsible for any damage or loss caused:

by your fault or negligence, incl. if you have left the vehicle before the parking meter has been correctly activated or deactivated, you have activated parking under wrong parking code, or you have submitted incorrect information, which is necessary for activating the parking;

you have parked the vehicle in violation of applicable laws, regulations and/or terms established by the Partner and applicable in the relevant Parking lot where you have parked your vehicle;

by an interruption, discontinuance, suspension or other type of unavailability of the Service, the Platform or App. For the avoidance of doubt, we shall not be responsible for any damage or loss caused by an error related to your own device or internet connection, incl. loss caused by discharged battery;

by cancellation of the Parking Service due to the reason that the parking time has exceeded the established by the parking operator limit of parking time, and you have not extended the parking time properly;

to your vehicle during the time the vehicle was parked in the Partner Parking lot;

by any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Service, the Platform or App;

by deletion of, corruption of, or failure to store any content or data;

by any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;

by unauthorized use of the login credential and/or the Service;

by the incompatibility of technologies used for accessing the Service, for example if certain features, functions, parts or elements of the Service are designed for use on a personal computer or laptop and do not function on the App.

The Service and any content, or services or features made available in conjunction with or through the Platform/App is provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not warrant or guarantee that the Service, the Platform and App will be compatible with all or any hardware and software which you may use, available all the time or at any specific time, uninterrupted, secure or error free, suitable for your requirements or free from viruses, interference, hacking or other security intrusion.

Without prejudice to the above said, our financial liability towards you in case of any breach of the Agreement shall be limited to EUR 25. You will have the right to claim for damages only if we have deliberately violated the Agreement. We shall not be liable for the actions or inactions of the Partners or any damages caused to you or your vehicle in the Partner Parking.

You agree to fully indemnify, defend and hold us, our affiliated companies, and their representatives harmless from any claims, costs, damage, liabilities and expenses (including attorneys’ fees) incurred directly or indirectly as a result of your violation of this Agreement or any provisions of the applicable law.

We shall not be liable for anything that is a result of any events beyond our reasonable control ( “Force Majeure”), including, but not limited to, acts of nature, storm, fire, earthquake, explosion, flood, war, insurrection, riots, terrorism, crime, labor shortages and strikes, lockout or other industrial action, embargoes, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.

 

TERM AND TERMINATION

This Agreement shall take effect from the date of acceptance thereof and is entered into for unspecified term.

You may unilaterally terminate the Agreement at any time and without providing any reason for termination by deleting your user account on the Platform or App. Termination does not influence any claims or obligations that have occurred prior to the termination.

We have the right to terminate the Agreement with immediate effect and cancel your access to the Service, by serving you an extraordinary termination notice by e-mail, if you (i) have materially violated any requirement stipulated in these Terms Service and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us (ii) have not fulfilled, the payment obligation in due under these Terms of Service or you have not connected valid payment card with the Service (iii) are not eligible or authorized to use our Service (iv) use the Service in violation of the Agreement or in a way which may cause damage to us or any third party; (v) have repeatedly parked your vehicle in violation of applicable laws, regulations, and/or rules established by any relevant Partner; or (vi) have provided incorrect, incomplete or misleading information. Additionally, we can terminate the Agreement with immediate effect and cancel your access to the Service, by serving you an extraordinary termination notice by e-mail, if it is required by the law or any public authorities for whatever reason. After the termination of the Agreement we have the right to delete your account and any data thereof.

 

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of the Republic of Estonia. In case of contradictions between the laws of the Republic of Estonia and imperative provisions of the country where you use the Service, the imperative provisions of the country where you use the Service shall prevail.

Any disputes arising from this Agreement shall be settled in the Harju County Court in the Republic of Estonia. If you are a consumer, the dispute shall be submitted for resolution to the competent court of country of residence of the defendant, or upon discretion of consumer, competent court of its country of residence or any other competent office established in the applicable jurisdiction for the purpose of resolving consumer disputes (including the European Online Dispute Resolution platform, which may be used for out-of-court settlement of disputes: http://ec.europa.eu/odr).

 

MISCELLANEOUS

If any term or provision of this Agreement is held invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected. The parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

The headings used are intended solely for the purpose of facilitating the tracking of the contents of the Agreement and have no meaning on the interpretation of the contents of any of the provisions of the Agreement.

Our failure to exercise or enforce any provision of or any of our right hereunder shall not mean a waiver of future enforcement of that or any other provision or right.