Terms and condition of PARKEE app usage

Terms & Conditions Web Membership

(Last updated 10 April 2023)

The terms & conditions set out below govern the use of the services offered by PT. Inovasi Anak Indonesia related to the use of “membership.parkee.app” site (“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 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 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") to develop and improve features, functions, and/or services on Parkee App and/or Parkee Site that connects Users with Partners to use the Products.
  2. Parkee Site is website is a portal owned by Parkee, that can be used to access the Products (“Parkee Site” or “Site”).
  3. Service Provider means a party who provides parking membership “Product” through Parkee Site, include but not limited to parking location owners, parking managers, payment method providers, etc.
  4. Smart Card is a card received by Buyers for purchasing Products offered by Parkee.
  5. 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.
  6. 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.
  7. User is a party that uses Parkee services, including but not limited to Product Buyers and other parties who simply visit the Parkee Site.
  8. Buyer is a registered user who makes a purchase request for products offered by Parkee.
  9. Products are services offered to users through Parkee Site.
  10. Services are any features and/or service systems available through the Parkee Site.
  11. Payment is the bill charged to the user for the selected product, as stated on the payment page.
  12. Platform fee is the bill charged to the user to use services purchased by the user.
PASSWORDS AND SECURITY
  1. 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 Privacy Policy part of these terms of use.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. User is personally responsible for maintaining the confidentiality of the account, password and all activities that occur within the user's account.
  7. 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.
  8. 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. 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.
  2. For every transactions of Products available on Parkee Site is subject to fees (include Platform fee) that users may discover before ordering such products, as follows:
    • Two Wheel Vehicle
      Product fee + Smart Card FeeIDR 1 ≤ 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 FeeIDR 1 ≤ IDR 100.000> IDR 100.000 - IDR 250.000> IDR 250.000
      Platform FeeIDR 7.000IDR 8.500IDR 10.000
    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.
  3. By making a transaction through Parkee Site, User agrees to pay the total fees payable as stated on the payment page.
  4. User agrees to make payment through the payment method pre-selected by the User and provided by a third party ("Payment Method Provider"), including electronic money, debit or credit card, bank account, or other payment methods ("Payment Method").
  5. 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.
  6. Buyers understands to make a payment throught Pament Methods, we cooperate with Partners. All risks that may be incurred by Partners are beyond our authority and responsibility.
  7. Buyers are advised to check and make Payments following the nominal bill stated on the payment page.
  8. Refunds from Parkee to Buyers are carried out with the terms set by Parkee.
  9. 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. In connection with service fees that may be set/changed by the Payment Method Provider from time to time, We may charge you the aforementioned service fee in the event of a refund.
  10. We reserve the right to refuse or delay continuing Your payment transaction through the Payment Method for certain reasons, including but not limited to the existence of indications or sufficient reasons to suspect fraud, fraud, violation of the Terms of Use, violation of applicable laws and regulations, including those related to debit or credit card payment instruments, electronic money, anti-money laundering, corruption, and the prevention of terrorism financing, or other unusual or suspicious actions, including the non-fulfillment of User obligations to Us.
  11. Buyer understands and agrees that Buyer is responsible for maintaining information related to transactions through the Parkee App and/or Parkee Site. All actions, including but not limited to agreements made on purchase transactions, returns, or exchanges of products outside the Parkee App and/or Parkee Site, are not our responsibility, so claims and losses arising from such actions are the responsibility of each party personally.
WARRANTIES AND LIMITATION OF LIABILITY
  1. We are a technology company that provides services and convenience in terms of parking management to Users. 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 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 agrees that you utilize the PARKEE Services at the User's own risk, and PARKEE Services 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, 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 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 dispute 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.