Terms and condition of PARKEE app usage

Terms & Conditions

(Last updated 22 April 2024)

The terms & conditions set out below govern the use of the services offered by PT. Inovasi Anak Indonesia related to the use of the Parkee App and/or Parkee Site. Users are advised to read carefully because it can affect the rights and obligations of the User under the law.

By registering and/or using the Parkee App and/or Parkee Site, Users is deemed to have read, understood and agreed to all contents in the Terms & Conditions. If Users does not agree to one, part or all of the contents of the Terms & Conditions, then Users are not allowed to use services on Parkee App and/or Parkee Site.

Definition

  1. PT Inovasi Anak Indonesia is a limited liability company that operates a software and/or technology service business ("We", “Our”, “Us” or "Parkee") that serves to facilitate Users.To meet the needs of Users, we cooperate with third parties ("Partners").
  2. Partners are third parties who work with Parkee to develop and improve features, functions and/or services on the Parkee App and/or Parkee Site that connect Users with Partners to purchase and use Products.
  3. Application is Parkee's property and can be downloaded from Play Store or App Store named “PARKEE”, which We developed to become an electronic medium to (i) find Services provided by third parties or Parkee; (ii) manage provision of Services; and/or (iii) other functions needed to support the Service ecosystem. Collectively “Parkee App”.
  4. Smartphone is one of the media used by Users to use parkee Services (through the Parkee Application and/or Parkee Site) according to their needs, including but not limited to User verification, Service purchase confirmation, Service usage confirmation, Service usage verification, etc. comply to parkee's Service improvements and updates.
  5. Parkee Site is website is a portal owned by Parkee (“Parkee Site” or “Site”).
  6. Service Provider means a party who provides Service through Application and/or Website, include but not limited to parking location owners, parking managers, payment method providers, etc.
  7. Smart Card is a card received by Buyers for purchasing Products offered by Parkee.
  8. We are not a parking management company or "Service Provider". We only provide methods, features, and service systems for the products offered in collaboration with Partners, including but not limited to parking payments, information for parking availability, parking reservation or other function needed to support the Service ecosystem that can be used by Users.
  9. Terms and Conditions are an agreement between the User and Parkee that contains a set of rules governing the rights, obligations, and responsibilities between the User and Parkee, as well as the procedures for using the products offered by Parkee.
  10. User is a party that uses Parkee services, including but not limited to Product Buyers and other parties who simply visit the Parkee Site and/or download Parkee App.
  11. Buyer is a registered user who makes a purchase request for products offered by Parkee.
  12. Wuzz is a feature in the Parkee Application, where the User can enter a parking location, make a parking fee payment transaction, then leave the parking location, completely contactless (using RFID technology), the User's vehicle is equipped with Wuzz hardware and the vehicle has been registered on the User's Parkee Application account.
  13. Share My Wuzz is a derivative feature of Wuzz, where the User can grant access to the Second User (as defined below), so that the Second User can use the Wuzz feature on the User's vehicle (which was driven by the Second User at that time).
  14. The Second User is the party specifically chosen by the User and receives Wuzz access belonging to the User who has registered with the User's Application Account.
  15. Products are goods and/or services owned by Parkee and/or Partners offered to Users through the Parkee App and/or Parkee Site.
  16. Services are any features and/or service systems available through Parkee App and/or the Parkee Site.
  17. Payment is the bill charged to the user for the selected product, as stated on the payment page.
  18. Product fee is the bill charged to the user for the purpose of purchasing goods/services by the User, the Product Fee is determined by Partners.
  19. Platform fee is the bill charged to the user for system maintenance and service improvement in transactions through Parkee App and/or Parkee Site.
  20. Payment methods is a way that customers pay for a product or service from electronic money, debit or credit card, bank account, or other payment methods through Parkee App and/or Parkee Site.
PASSWORDS AND SECURITY
  1. User understands that (1) one phone number can only be used to register (1) one user account.
  2. User can register by providing personal data information as requested in the application ("Personal Data"). Information related to the personal data provided will only be used for the provision of services described in the application. Matters related to personal data are regulated in the Privacy Policy part of these terms of use.
  3. The information contained in this application only aims to provide general information related to the product requested by the user. We always strive to maintain the correctness and currency of such information. We make no representations or provide any warranties, either express or implied, regarding the completeness, accuracy, reliability, suitability, satisfaction, security, speed, or availability of any features, information, products, services, images, cost estimates, or related graphics contained in the application for any purpose whatsoever. Images, graphics, and/or photographs contained in the application may be subject to the inherent copyright of a third party, and we do not warrant in any way such rights.
  4. In the use of this application, You may be presented with the opportunity to connect, access, or link to the application programming interface ("API") and/or uniform resource locator ("URL") of third parties and/or Our Partners that are not under Our control. We have no control over the nature, content, or availability of such APIs and/or URLs. The availability of any API and/or URL in this application does not imply that We recommend such API and/or URL or endorse and/or approve the views expressed and/or stated in such third-party API and/or Partners.
  5. User agrees not to use and/or access Parkee's system directly or indirectly, in whole or in part, with viruses, software, or other technology that can weaken damage, interfere with, inhibit, limit, or take over the functionality, and integrity of the software system or hardware, network, and/or data on the Parkee Site or Parkee App.
  6. Users are prohibited from creating and/or using hardware, software, features, and/or other tools that aim to access or use services on the PARKEE system, such as but not limited to: (i) creating multiple accounts; (ii) manipulating devices that aim to harm Parkee; (iii) crawling, scraping, or copying content; (iv) automation activities in transactions, buying and selling, promotions, and so on; (v) adding products to the storefront; (vi) harvesting or stealing user data; (vii) spamming; sending large amounts of electronic communications; sending chain letters; and/or (vii) other activities that can be reasonably assessed as acts of manipulation of services or systems.
  7. The use of certain services in the application requires the user to activate the Global Positioning System (GPS) feature on their mobile device. This GPS enabling is necessary for the use of services related to your location provided by Our Partners. Our Partners have the full discretion to accept, postpone, or reject requests for services selected by users.
  8. User is personally responsible for maintaining the confidentiality of the account, password and all activities that occur within the user's account.
  9. We will not ask for the account name, password, or verification code/one-time password (OTP) of the user's account for any reason. Therefore, we urge to the User not to provide such data or other important data to parties on behalf of us or to other parties whose security cannot be guaranteed.
  10. User hereby declares that Parkee is not responsible for any losses or problems arising from the misuse of the User's account caused by the User's negligence, including but not limited to approving and/or providing account login access sent by Parkee through notification messages to other parties through the User's device, lending accounts to other parties, accessing links or links provided by other parties, providing or showing verification codes (OTP), passwords, or emails to other parties, or other User negligence that results in losses or problems to the User's account.
TRANSACTIONS
  1. The download and/or access to Parkee App and/or Parkee Site is free of charge. However, we may charge for the use of certain features of Parkee App and/or Parkee Site at a later date.
  2. In terms of providing this Service, we cooperate with Partners. All risks that may be incurred by Partners are beyond our authority and responsibility. Product availability is highly dependent on the conditions at that time (real-time), and we do not make any guarantee on this matter.
  3. Products available on Parkee App and/or the Parkee Site are subject to fees that users may discover before ordering such products. We may change or update the fees from time to time based on certain factors, including location, timing, type of product, and applicable laws and regulations.
  4. User hereby understands and agrees that Product Fees are different according to the type of Product used by the User, the User hereby agrees to be charged according to the type of Product used. Especially for Product Fees from Partner's Products offered through the Parkee App and/or Parkee Site, are fully determined by the Partner.
  5. User hereby understands and agrees that any problems and/or disputes arising from disagreements between Partners and User about Product Fees are not Parkee's responsibility.
  6. User hereby understands and agrees that errors in price information and other information caused by the Parkee website page not being updated due to the browser/ISP used by User are User's responsibility.
  7. For every transactions of parking membership Products available on Parkee Site is subject to fees (include Platform fee) that users may discover before ordering such products, as follows:
    1. Payment methods via Bank transfer:
      • Two Wheel Vehicle
        Product fee + Smart Card Fee≤ IDR 50.000≤ IDR 50.000 - IDR 100.000> IDR 100.000
        Platform FeeIDR 5.000IDR 6.000IDR 7.000
      • Four Wheel Vehicle
        Product fee + Smart Card Fee≤ IDR 100.000≤ IDR 100.000 - IDR 250.000> IDR 250.000
        Platform FeeIDR 7.000IDR 8.500IDR 10.000
    2. Payment methods via QRIS and GoPay are subject to a Platform Fee of 2% of the total Product Price plus the Smart Card Price or adjusted to point (a). The highest nominal Platform Fee is taken.
    We may change or update the fees from time to time based on certain factors, including location, timing, type of product, and applicable laws and regulations.
  8. In the event that the use of the Share My Wuzz feature is approved by the User and the Second User, both the User and the Second User release Parkee from any claims, demands or compensation for loss, theft or damage to vehicles committed by the Second User.
  9. When the User and the Second User agree to use the Share My Wuzz feature, the Second User is obliged to make Payments with the payment method pre-selected by the Second User via his Parkee Application.
  10. In the event that the Share My Wuzz feature above has been running, the User has the control to cancel giving access Wuzz to the Second User at any time without the consent of the Second User.
  11. By making a transaction through Parkee App and/or Parkee Site, User realizes and agrees to verify or confirm via Smartphone to make transactions with the total fee to be paid as stated on the payment page.
  12. In the event that the Service used by the User is a parking fee payment Service, User realizes and agrees that under certain circumstances, the vehicle together with User must verify QR (obtained via Smartphone) at the exit gate of the parking location so that User transactions can be confirmed and verified automatically.
  13. User agrees to make payment through the payment method pre-selected by the User and provided by Partners ("Payment Method Provider"), including electronic money, debit or credit card, bank account, or other payment methods ("Payment Method").
  14. To be able to make payments through a Payment Method, User must be officially registered with the selected Payment Method Provider. User is fully responsible for all necessary licenses and all losses or disputes arising between the User and such other parties.
  15. Buyers are advised to check and make Payments following the nominal bill stated on the payment page.
  16. Refunds from Parkee to the Buyer can only be made in the following circumstances:
    1. Buyer's overpayment from the price of the product; and
    2. Resolution of the matter in the form of a refund to the buyer or a decision by Parkee.
  17. In the event of a refund process, the refund will be processed through Us or together with the Payment Method Provider, at Our sole discretion.
WARRANTIES AND LIMITATION OF LIABILITY
  1. We are a technology company that provides Services and Products to Users and/or Second User through Parkee App and/or Parkee Site. In the event of unexpected situations such as loss, theft, robbery, natural disasters, disputes, and others caused or allegedly caused by the Service Provider, this will be resolved by separate procedures between the User and/or Second User with the relevant parties. In this case, we, as an application provider, only act as an intermediary between the parties involved; however, we will make every effort to help resolve the problem.
  2. User and/or Second User agrees that you utilize the PARKEE Services and Products at the User's and/or Second User's own risk, and PARKEE Services and Products are provided to you on an "AS AVAILABLE" basis.
  3. Neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, Products or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  4. To the fullest extent permitted by applicable law, PARKEE shall have no liability, and the User and/or Second User agrees not to hold PARKEE liable, for any losses resulting directly or indirectly from:
    1. The User's use of or inability to use the PARKEE Services, includes but not limited to changes of fee, procedures for using the products and/or services, also other instructions available in Parkee's services.
    2. User errors in entering User data as requested when purchasing Products and Services through the Parkee App and/or the Parkee Site including but not limited to the destination number, customer number, KTP, and others requested on the Parkee App/Parkee Site to be able to use the Product and Services.
    3. Any misuse of products or services that have been purchased by User.
    4. Losses due to unauthorized payments to other parties from the PARKEE official account that were made in any way in the name of PARKEE, through negligence in writing the account and/or other information, or through the negligence of the partner.
    5. Damage to your hardware from the use of any PARKEE services.
    6. Any hacking action carried out by a third party on User's account.
  5. Notify Us immediately if You know or suspect that Your account has been used without your knowledge or consent. We will take actions that we deem necessary and able to take against such non-consensual use.
INTELLECTUAL PROPERTY RIGHTS
  1. PARKEE exclusively owns all rights, titles, and interests in and to the Parkee App and Parkee Site, including all trademarks, service marks, brand names, logos, and other intellectual property ("Intellectual Property") displayed on the Parkee App and Parkee Site.
  2. No right or permission is granted directly or indirectly to any party accessing the site to use or reproduce the intellectual property, and no party accessing the site may claim any right, title, or interest therein. By using or accessing the services, you agree to comply with copyright, trademark, service mark, and all other applicable laws protecting the services, the site, and its content.
  3. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works from any part of the service, the site, or our content.
INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Parkee and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-brand owners, and other Partners, and employees (collectively the "Indemnified Parties") from and against all claims, legal actions (including but not limited to civil and criminal legal actions), proceedings, and claims, and all matters relating to liabilities, losses, settlements, penalties, fines, costs, and expenses (including, without limitation, any other settlement costs) incurred by the Indemnified Parties arising out of or arising out of or arising out of or arising from:

  1. Any transaction made by the user,
  2. Violation of any provision of these Terms of Service or any policies or guidelines referenced herein by you,
  3. Your use or misuse of the service, or
  4. Violation of any law or third-party rights by you.
FORCE MAJEURE

Parkee App and/or Parkee Site may be interrupted by events beyond our authority or control, including but not limited to natural disasters, power failures, telecommunications disturbances, government policies, and others. You agree to release us from any claims and responsibilities, if we are unable to facilitate the service, including fulfilling the instructions you give through the Application, either partially or wholly, due to a Force Majeure.

CHOICE OF LAW

This Term and Condition shall be regulated and interpreted pursuant to the laws of the Republic of Indonesia. Any and all disputes arising from this Term and Condition shall be regulated by the exclusive jurisdiction of the District Court of West Jakarta.

LANGUAGE

In case there is any discrepancy in interpretation or understanding upon the content of this Term and Condition or Privacy Policy between the Indonesian-language text and the English-language text, the Indonesian-language text shall prevail.

OTHER MATTERS
  1. The terms and conditions may be amended and/or updated from time to time. We recommend that you read carefully and check this Terms & Conditions page from time to time to be aware of any changes. We will notify You through e-mail or through announcement in the Parkee Site 1 (one) day prior to the changes become effective. By continuing to access and use PARKEE services, the user is deemed to agree to the changes in the Terms and Conditions.
  2. To submit a complaint, question, objection, etc. ("Report"), you need to provide sufficient information, including but not limited to a summary of the facts that occurred, the evidence you have, the order number, and personal information, such as an email address and a registered mobile phone number.
  3. To respond to any report submitted by you, We will first verify the information by matching the information provided by you with Your personal information contained in Our system. If necessary, We may directly request that You provided the necessary information for verification purposes.
  4. We may refuse to follow up on Your report if the information You provide does not match the personal information contained in Our system or if the report is submitted concerning, against, on behalf of, or by another party that is different from the owner of the relevant account that is officially registered in Our system. We may terminate the follow-up to Your report if, in Our sole discretion, we consider that Your report is not supported by sufficient and clear facts or has been completed. We may also forward Your Report to the service provider or payment method provider to be resolved directly by you and the service provider or payment method provider.
  5. For certain service-related reports, we may, at our sole discretion, facilitate a meeting between you and the service provider to amicably resolve the matter. In such a case, if You still feel the need to take other actions, including any legal action, You may do so at Your sole personal responsibility.
  6. For certain Reports related to payment methods, We may refund Your funds through Us or together with the Payment Method Provider, based on Our sole discretion. We will not refund to another party using credentials different from those registered to your Parkee Application Account or Payment Method Provider, including if you use another party's credentials to make a payment through a Payment Method.