Terms and conditions

PARK’D Subscription Agreement

1. Introduction

Welcome to Park'd. By using our services, you agree to comply with and be bound by these terms and conditions. Please read them carefully. These terms constitute a binding agreement between you and Park'd, governing your use of our services. Please note that the Park'd device is provided to you on a rental basis and remains the property of Park'd at all times.

2. Services Provided

Park'd offers vehicle tracking and anti-theft services designed to enhance vehicle security and provide real-time tracking information. The contract period for using our services, including the rental of the Park'd device, is 24 months.

3. Data Privacy and Security

By agreeing to these terms, you authorize Park'd to use your data for gaining insights and improving our services. We also reserve the right to sell this data. However, you have the right to request the removal of your data and opt out of any data sale at any time. Your data will be stored securely and only accessible by authorized personnel. We adhere to the highest standards of data protection and comply with all relevant data protection laws in South Africa.

4. Use of Services

You agree to use Park'd services, including the rented device, only for lawful purposes and in a manner that does not infringe the rights of others. Unauthorized use of our services or tampering with the rented device may result in the suspension or termination of your account. You must not misuse our services or interfere with their proper functioning.

5. Installation and Maintenance

Park'd devices should be installed and maintained by certified technicians. As the device is rented, any tampering or unauthorized modifications may void warranties and affect service quality. Regular maintenance checks should be performed to ensure optimal performance. Installation fees and the first month's subscription fees are immediately due upon installation. Subject to an annual increase at the discretion of the company, with a maximum increase of 15%.

6. Moving or Removing the Device

If you decide to move the rented Park'd device to another vehicle, you must inform us prior to the transfer. There will be a R500 fee for relocating the device. If you sell the vehicle, you are required to inform us to arrange for the removal of the rented device. If the removal occurs within the first 24 months of the contract, you will be liable for the remaining payments for the full term, as well as a R500 removal fee. Alternatively, the new owner of the vehicle may opt to continue with the existing contract or enter into a new contract with Park'd, in which case the new owner will assume all payment obligations from the date of transfer. Failure to notify us of the sale and remove or transfer the device may result in the vehicle being disabled. Please note that while we will take the utmost care during the removal process, Park'd will not be held liable for any damages to the vehicle that may occur as a result.

7. Telematics Data Usage

The telematics data collected by Park'd is used solely to enhance the safety and security of our customers. It is not used to track personal movements but to protect the driver and vehicle from theft and other security threats. We collect data such as vehicle location, speed, and other relevant parameters to ensure the security of your vehicle.

8. Accidents and Damage to the Device

In the event that you are involved in an accident and the Park'd device is damaged or the vehicle is written off, you must provide us with the correct documentation from your insurance company, including a full report. Upon receipt and verification of this documentation, you will not be held to the remaining term of the agreement.

9. Payment Terms and Consequences of Non-Payment

Initial Fee: A one-time installation fee is payable with the first month of the subscription.

Monthly Subscription: The monthly subscription fee is R250.

Contract Duration: The subscription is for a fixed term of 24 months. After the initial 24-month period, you may opt to continue with the subscription.

Removal Fee: Removal of the device is free after the 24-month period. If you decide to continue with the subscription, the device will remain installed.

Payments for Park'd services, including the rental of the device, must be made in accordance with the agreed schedule. If payments are not made on the correct due date, you will have the option to settle the payment within 7 days. If the payment is not made within this 7-day period, the device will be deactivated, and you agree and accept that your vehicle will not start or be able to be moved. A technician from Park'd will need to come and remove the device. If payment is made after the 7-day period, a penalty of R250 will be charged for reactivation. Park'd also reserves the right to charge interest on overdue amounts.

10. Indemnity

You agree to indemnify and hold Park'd harmless from any claims, damages, losses, or expenses arising from your use of our services or any violation of these terms and conditions. This includes any legal fees and costs incurred by Park'd.

11. Limitation of Liability

Park'd is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services. Our liability is limited to the fees paid by you for the services in the first 12 months of the contract. We do not guarantee uninterrupted or error-free service and are not responsible for any delays or failures in performance.

12. Intellectual Property

All intellectual property related to the Park'd services, including trademarks, logos, and proprietary technology, is owned by Park'd and may not be used without our express permission.

13. Customer Obligations

You are responsible for ensuring that the vehicle is in a condition that allows proper installation and functioning of the rented device. You must notify Park'd of any issues with the device or services promptly.

14. Dispute Resolution

Any disputes arising from this agreement will be subject to mediation or arbitration before seeking litigation. The parties agree to attempt to resolve any disputes through negotiation and, if necessary, mediation before resorting to formal legal proceedings.

15. Severability

If any part of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply and be enforced to the fullest extent possible.

16. No Waiver

Failure by Park'd to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.

17. Force Majeure

Park'd is not liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, strikes, or government regulations.

18. Termination for Convenience

Park'd reserves the right to terminate this agreement for convenience with a 30-day written notice. In such cases, you will remain liable for all outstanding fees up to the date of termination.

19. Entire Agreement

These terms and conditions constitute the entire agreement between you and Park'd and supersede all prior agreements and understandings. Any amendments must be in writing and signed by both parties. For more detailed information on our policies, please refer to the full terms and conditions available on our website.