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1. INTRODUCTION

1.1.  It is hereby stated and submitted that the terms and conditions set out for the usage of our platform has been set out hereunder hereby binding you (including your assignees, representatives, employers or employees) and us (including your assignees, representatives, employers or employees) to the terms and conditions set out hereunder.

1.2.  It is further stated that the application “OPPR DIGITAL PARKING SOLUTION”(referred hereinafter as “THE APPLICATION” for the same of brevity) has been programmed by OPPR SOFTWARE SOLUTIONS PRIVATE LIMITED attached to CIN number U74999WB2017PTC222181, in order to digitalize the smooth, efficient and quick parking facility of the vehicles in designated areas.

1.3.  It is further stated that the term “Designated Areas” in the clause no. 1.2 and hereinafter in this document means the areas attached to our said application by virtue of the documents, indentures, Memorandum of Association, agreement by and between us and the owner of the said area.

2. TENURE OF ACCOUNT

In order to use the said application, one needs to essentially create an account in order to successfully park the vehicles in the designated areas. Your account shall continue to exist till perpetuity, save and except:-

  • You are found to indulge and involve in acts prejudicing the interest of the company.
  • You are found to act unprofessionally.
  • You are found to involve in unscrupulous acts.
  • You have failed to make payments in stipulated time.
  • In the event of misbehaviour by you to any of our employers. Employees, assignees, affiliates or attorneys.
  • Any act in done contrary to clause no. 9. [NO DEFAMATION]
3. DATA INFORMATION

3.1.  It is hereby stated and agreed that we shall be taking following data setout hereunder in order to create your account :

  • Name
  • Mobile Number
  • Address
  • Vehicle Number
  • Vehicle Type

3.2. It is further stated that you are entitled to add the following data upon creation of your account :

  • Email
  • Guest List
  • Vehicle Registration Number and
  • License Number
4. INSTRUCTION FOR USAGE OF OUR APPLICATION

a.  It is hereby stated that the said application shall function and be operateable in the said designated areas only.

b.  You shall only be able to book a parking spot in the designated areas upon entering the vicinity of the premises of the designated areas, either for yourselves or for any of your expecting guests or visitors (if the said designated area is society where you reside or commercial place where your perform functions in your professional capacity).At the further outset, it is stated that in the event you booking for any of your visitors or guest, you shall have to authenticate the entry of the said guest or visitor before entry and also before exit of the said guest from the said premises.

c.  You shall be able to book a parking spot for your employers and/or employees working in professional capacity in your commercial premises by booking a valid gate pass for them in order to allow them to enter the said designated premises without any hurdle or hindrances.

d.  It is further stated that you are not entitled to pay any amount in order to enter the said designated premises or avail our services unless and until the same is imposed upon you by the owner of the said designated area.

e.  It is further stated that you shall not be able to leave or exit from the premises of the said designated areas without payment in lieu of our services, if so required by the said owner of the said designated area.

f.  It is hereby stated that we shall inform, intimate you 15 days before the due date about the expiry of your vehicle registration number and license number and the insurance thereof.

g.  It is further stated that you can view the parking availability in the designated premises for yourself.

5. YOUR DUTIES & RESPONSIBLITIES

It is hereby stated and agreed that you are bound to perform the following acts or deeds set out hereunder:-

  • You shall reserve the right to use our said application provided, you are within the vicinity of the premises of the said designated areas.
  • You shall allow payment in lieu of our services.
  • To behave in a professional manner and to observe polite behaviour towards our company or any employer, employee, attorney and/or affiliate thereof.
  • To abide by the terms and conditions of this document.
6. OUR DUTIES & RESPONSIBILITIES

It is hereby stated and agreed that we are bound to perform the following acts or deeds set out hereunder:-

  • We shall abide by the terms and conditions of this document.
  • We shall deliver the best quality supplement to you.
  • To behave in a professional manner and to observe polite behaviour towards our company or any employer, employee, attorney and/or affiliate thereof.
  • To abide by the terms and conditions of this document.
  • Shall not disclose your data, save and except Clause no. 7 [DATA CONFIDENTIALITY]
7. DATA CONFIDENTIALITY

All the data collected by you as aforesaid in clause no. 3 shall remain and be retained with us thereby abiding by the Doctrine of Confidentiality. We shall not disclose, forward, share or transmit your data or information to any third party not falling within the ambit of this document, save and except :-

  • As per the mandate of law.
  • As required by the necessary orders or decree or judgment of any Hon’ble Court.
  • As required by any government machinery or local authority with appropriate sanctions, permissions and authority.
8. PAYMENT

8.1.  It is hereby stated that the said application is operated by the owner of the designated premises in the event the said owner wishes to book a parking spot for any of expected guests/visitors (in your residential or commercial premises) or for yourself, then you are entitled to pay such amount as the owner of such designated area demands or wishes. Similarly, such guest or visitor is entitled to pay as the said owner demands.

8.2.  It is further stated that we are not liable for any matters pertaining to payment of any cost.

9. NO DEFAMATION

9.1.  It is hereby stated that in the event of any controversy or dispute by and between you and us, you shall still observe professional etiquettes and that you shall not post, comment, share, transmit and/or upload any of the content or data on any public platform, which even includes the social sites such as the facebook, twitter, Instagram, linkedin and all such incidental sites, or make any comments thereon thereby prejudicing our name, fame and goodwill in any form or nature.

9.2.  In the event of the breach of the clause no. 9.1, we reserve the right to commence criminal proceedings u/s 499 and 500 of Indian Penal Code, 1860, or civil proceeding thereby claiming huge amount to compensate us for the loss caused by you.

10. CANCELLATION POLICY

It is hereby stated that as such there is not cancellation policy for our application as you shall be booking a parking spot using our application upon entering the vicinity of the premises of the designated areas.

11. REFUND POLICY

It is hereby stated that, in no event, whatsoever, you shall be entitled to any refund from us or make any claims thereof.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. It is hereby stated and agreed by and between you and us that we shall reserve complete ownership, authorship or rights over the Intellectual Property Rights over the application, process, procedure and/or source code thereof.

12.2.  It is hereby stated that you shall not be entitled to share, transmit, transfer and/or license the intellectual property right to any such entity, organisation, corporation, company and/or person/s,

12.3.  Any act in the contravention to this clause shall attract penal and civil actions and proceedings to be commenced against you.

13. DISPUTE RESOLUTION MECHANISM

13.1. Notwithstanding anything, save and except Clause no. 7 , in the event of any dispute arising by and between the parties herein, the same shall be resolved by the virtue of a mediation first in following manner set out hereunder :-

  • The said mediation shall be conducted by the institute named and titled ODR Ways having its registered office at No.12, LB Block, Dr. Ambedkar Bhavan, Sector III, Salt Lake City, Kolkata, West Bengal -700098 attached to website “https://odrways.com/domain/directory.php” bearing contact number – +919773942943.
  • The said mediation shall be conducted in the presence and order of sole mediator.
  • The parties herein shall attempt or make attempt to reach to a consent and settle the dispute amicably rather than indulging, involving, or attempting to indulge and involve in illicit practices.
  • In the event of strained deadlock, the parties shall attempt to resolve it successfully without jeopardising and hampering the name, fame, image, goodwill attached to the company.
  • The said mediation shall be resolved and settle in a span of 10 days. But, however, the mediator shall have the sole discretion to continue the mediation after the stipulated time of 10 days, thereby providing the speaking written communication (by virtue of a notification and/or intimation addressed to the parties through a written notice, letter and/or electronic mail)thereof to the parties stating therein for the extension of time and the element of the resolution which in the view or the opinion of the mediator shall be essential and would finally settle the dispute.
  • The fees of the mediator shall be borne by each party equally i.e. 50% by each party.
  • The parties shall continue to observe professional ethics even during the process of mediation.

13.2.  In the event of the mediation being met with a failure, the same is to be further referred to arbitration in presence of a sole arbitrator being appointed by the High Court of Calcutta under the mandatory provisions of S. 11 of the Arbitration & Conciliation Act, 1996 and amendments thereunder and that the arbitrations shall be governed by the mandatory provisions of the Arbitration & Conciliation Act, 1996 and amendment thereto.

14. NO LIABILITY CLAUSE

a.  It is hereby stated that the said application has been programmed by us and that we are not in control of the software as the application (i.e. OPPR ADMIN) controlling your database of application (i.e.OPPR DIGITAL PARKING SOLUTION) which is in the control of the owner of the designated premises and that in event of any prejudicial act, we shall in no way or manner be entitled to that effect.

b. It is further stated that we shall not be liable to any extent in the event of you being prejudiced by any website, application, page, link which may be on our website as we are no longer in control of your activities.

c. It is hereby stated that we prohibit the use, assistance, advertise and block thereof of any third party cookies on our website and that the same is not forwarded with any of your information in order to avoid any inconvenience of any sort or nature, save and except, clause no. 7[DATA CONFIDENTIALITY].

15. AMENDMENT

It is hereby stated, declared and affirmed that the terms of use, along with clauses and sub-clauses, set out hereinabove shall be subjected to amendment, alteration, modification and/or changes from time to time by us and the same would be intimated or notified about to you through a written mail at your registered electronic mail address within our database.