These terms and conditions govern your use of our website, www.desparking.uk (the Site), and the DesParking app (the App), as well as any services you access through our Site or App (collectively referred to as our Online Service). Importance of Reading These Terms Please carefully read these terms before using our Site or App, and before paying to park or listing a parking space via our Online Service.  These terms: Information About Us and How to Contact Us Who We Are We are EVERYONESPARKING LIMITED, trading as DesParking, a company registered in England and Wales. Our company registration number is 16143127, and our registered address is 20 Scarlet Road, London, England, SE6 1PP. How to Contact Us You can reach us by writing to us at 20 Scarlet Road, London, England, SE6 1PP. Definition of “Writing” References to “writing” or “written” in these terms include email communications. Roles and Legal Relationships Using the Site and the App Your use of our Site or App is permitted under these Terms of Use, regardless of whether you pay to park, list a parking space, or register with us. Privacy Policy Our Privacy Policy, available here, applies when you visit our Site or use our App. Our Online Service Our Online Service enables individuals and businesses to advertise available parking spaces and enter agreements for individuals to pay for parking at these spaces. The Parking Contract When you use our Online Service to pay for parking at an advertised space, the service facilitates a parking contract between you and the parking space owner (a Parking Contract). The terms of the Parking Contract are available here. Drivers The term “Drivers” refers to individuals who pay for parking, even if they are not the ones driving the vehicle. Advertising a Parking Space Terms applicable to advertising your parking space for rental via our Online Service are available here. Space Owners The term “Space Owners” refers to individuals or businesses advertising parking spaces through the Online Service. This includes:   Our Online Service Provision of the Online Service The Online Services will be provided in accordance with their descriptions in these terms, as amended periodically. Availability of the Online Service We aim to make the Online Service accessible via the Site and App, but we do not guarantee uninterrupted or error-free access. Suspension or Withdrawal of the Online Service We may suspend, withdraw, or restrict the availability of our Site, App, or Online Service for business or operational reasons. We will endeavor to provide reasonable notice of any suspension or withdrawal. Such actions will not affect any existing Parking Contracts between Drivers and Space Owners. The Parking Spaces DesParking strives to ensure that parking spaces listed through our online service are of high quality. However, we do not guarantee that any parking space will meet your specific requirements. We rely on the Space Owner for the details provided about a parking space on our website or app, and while we make reasonable efforts to verify the accuracy of this information, we do not offer any warranty regarding these details. Availability of Parking Spaces We reserve any parking space booked through our online service based on the availability information provided to us by the Space Owner. However, we do not guarantee the availability of any parking space, whether booked with a private or commercial Space Owner. In case of any problems with a booking, please refer to the relevant sections below for private and commercial Space Owners. Your Account Registering as a Driver To use our online service to pay for parking, you need to register as a Driver. During registration, you will be asked to provide: We may request additional information from time to time. Registering as a Private Space Owner To advertise a parking space through our online service, you need to register as a Space Owner.  During registration, you will be asked to provide: We may request additional information from time to time. Password and Security You will be required to create a password when registering. Keep your password confidential and do not disclose it to any third party. If someone else uses your password to access our Site or App, they will be considered to be acting as your agent. We are not responsible for any actions taken by third parties who have accessed your account with your password. If you suspect that someone else knows your password, please reset it immediately or notify us, and we will close your account at our discretion. Use of the Account You agree not to:   Suspension or Closure of Account We may suspend or close your account if you breach any of these terms or any term of a Parking Contract (as a Driver or Space Owner). We may also suspend or close your account if your actions risk our goodwill or reputation. If your account is suspended or closed, you will no longer be able to use the online service and may lose access to certain areas of our website and app. Your Personal Information We will use your personal information in accordance with our Privacy Policy for purposes including communicating with you about bookings and/or listings. You grant us the right to communicate with you via any method we choose, including email, phone, text message, or social media platforms. Inaccurate Contact Details If you provide inaccurate contact information, you may not receive important communications about your booking/listing or account. We are not responsible if you fail to receive communications in these circumstances. If you realize your contact information is incorrect, please contact us immediately to update your information. Automatic Email Filing Some email providers may direct emails from us into your ‘Junk’ or ‘Promotions’ folders. We are not responsible if you fail to receive communications due to email filtering. We recommend adding us to your ‘Permitted Senders’ list and regularly checking your ‘Junk’ / ‘Promotions’ folders, especially if you are expecting a communication from us. Paying to Park What This Section Covers This section applies to you if you use our online service to pay for parking. If you also use our online service to advertise a parking space, this section applies to you in your role as a Driver only. The Parking Contract To pay for parking at one of our listed parking spaces, you must have a registered account with us. By completing the booking form on our online service, you enter into a Parking Contract with the relevant Space Owner. This contract is a separate agreement between you and the Space Owner, with terms set out here. How the Parking Contract is Formed DesParking is authorized by Space Owners to enter into Parking Contracts with Drivers through our online service. When you complete a booking, we immediately accept it on behalf of the Space Owner, forming the Parking Contract between you and the Space Owner. Making Your Payment When you pay for parking through our online service, we collect the payment on behalf of the relevant Space Owner. The advertised price includes our service fee. We may issue invoices and receipts electronically. Canceling a Booking To cancel a booking, do so through your account or contact us via our Contact page. Refer to the Parking Contract section for our cancellation policy, including required notice periods and refund eligibility. If We or the Space Owner Cancel a Booking We or the Space Owner may cancel a booking before or after the parking period starts. Refer to the Parking Contract section for our cancellation policy, including notice periods and refund eligibility. Refunds Refunds for cancellations will be returned to the original payment method. If the original payment account is closed, provide evidence of the closure to process a refund to an alternative account. Parking with a Private Space Owner What This Section Covers This section applies if you use our online service to pay for parking at a space owned by a private individual. If There Is a Problem with Your Short-Term Booking If the parking space does not reasonably match the description on our website or app, contact us via our Contact page within 48 hours of the booking start time. We will provide a suitable alternative or a full refund. Contact Information For any queries or assistance, please contact us at: EVERYONESPARKING LIMITED, trading as DesParking Company Number: 16143127 20 Scarlet Road, London, England, SE6 1PP Website: www.desparking.uk If there is a problem with your long-term (rolling monthly) booking: If you have paid to park at a space provided by a Private Space Owner, you (or the driver of the vehicle in question) should inspect the parking space upon arrival to ensure it matches the description on our website and app. If it does not reasonably match, contact us via our Contact page as soon as possible, providing a description of the issue. If you contact us within 48 hours of the scheduled start of your parking session, we will offer you a suitable alternative or a full refund, minus the cost of the days used until you notify us of the issue. Renewing your booking: By using the Online Service to pay for parking with a Private Space Owner, you acknowledge that we have introduced you to that Private Space Owner. To renew with that Private Space Owner, you must do so through the Online Service. If you enter a new arrangement with the same Private Space Owner within six months after the end of the Parking Contract, we may charge you the amount that would have been due if you had renewed through our Online Service. Parking with a Commercial Space Owner What this section covers: These terms apply if you use the Online Service to pay for parking at a space owned by a Commercial Space Owner, which includes businesses advertising spaces at their premises, such as dedicated car parks or those associated with other businesses like shops or offices. If there is a problem: If you encounter any issue with the availability or condition of the parking space that does not reasonably match the description on the Online Service, contact us via our Contact page as soon as possible with a description of the issue. We will provide you with a suitable alternative parking space. Parking spaces subject to availability: Parking spaces booked with a Commercial Space Owner are subject to availability. If no space is available at the time you have paid to park, the Commercial Space Owner is not liable, and our liability will be to provide a suitable alternative parking space. SORN vehicles: A Commercial Space Owner may refuse a SORN vehicle parking at their location. If your booking is flagged as a SORN vehicle that needs to be removed, DesParking will attempt to find you an alternative location. Listing a Parking Space What this section covers: These terms apply if you advertise a parking space using the Online Service. If you use the Online Service both to pay to park and to advertise a space, these terms apply to you as a Space Owner only. How your contract with us is formed: To advertise a parking space, you must register with us and have a valid account. By completing the listing form using our Online Service, you offer to enter into a contract with us based on these terms. If we accept your application, the contract between you and us is formed on these terms. The Parking Contract: The Parking Contract is a separate agreement between you and the Driver, with terms set out here. How the Parking Contract is formed: By completing the listing process, you authorize us to act on your behalf to form binding contracts with Drivers who pay to park at your space through the Online Service. When we receive a booking application from a Driver, we will accept it automatically based on your specified availability, forming the Parking Contract between you and the Driver. Listing a parking space: By completing the listing process, you authorize us to:   If you breach these terms, we may withhold payments received from Drivers to compensate for the breach. Information required for the listing: You must include all relevant information about your parking space in the listing, such as:   Your responsibility for the listing – Private Space Owner: You are responsible for the accuracy of all information in your listing. Ensure the space meets the Driver’s requirements under the Parking Contract. We may remove your listing or cancel your account if the space does not conform to the information provided or our standards. Your responsibility for the listing – Commercial Space Owner: If you are a Commercial Space Owner, we will typically prepare the listing. We are responsible for the accuracy of the listing and providing a suitable alternative space if issues arise. Changing a listing: You can change your listing at any time through your account. Changes to rates or parking periods will not affect confirmed bookings but will apply to future bookings. To change existing bookings, provide 30 days’ notice. Cancelling a listing: You can remove your listing at any time through your account. This will not affect confirmed bookings. To close your account, contact us via our Contact page. Cancelling a booking: To cancel a booking, contact us via our Contact page. Refer to the Parking Contract for the cancellation policy and any refund obligations. If a Parking Enforcement event occurs: If a clamp is applied at the parking space and the Driver is not at fault, we will give the Space Owner 5-10 days to resolve the issue. If unresolved, we will deduct the amount due from the Space Owner’s earnings and may charge additional fees and expenses incurred in collection efforts. For any issues, you can reach us at our contact page on www.desparking.uk. Private Space Owner Restrictions If you are a Private Space Owner: Agent Agreement You agree to appoint DesParking as your agent for advertising the availability of your parking space.   Parking Space Usage You agree that if any person who:   Parks at your space, or allows someone responsible for or entitled to drive the same car to park, within six months of the relevant booking period, inquiry, or the time when they became aware of the space through our Online Service, DesParking may charge that person the fees as though they had parked in accordance with this agreement, and apply that person’s deposit towards the amounts owed. Space Owner’s Responsibility for Taxes You are responsible for paying all fees and applicable taxes, including general services taxes, income taxes, goods and services taxes, and other similar taxes or withholdings related to any payments you receive from Drivers in connection with these arrangements in a timely manner. Payments Price Calculation The price for parking at a given space is set by the Space Owner, who can change rates at any time. Price changes will not affect any previously confirmed bookings unless the Space Owner issues a price increase on a current long-term booking. In such cases, the Space Owner must provide DesParking with 30 days’ notice. The advertised price on the Online Service includes our fee, charged on top of the Space Owner’s price for providing the Online Service. Service Charge Our charge for making the Online Service available is included in the price paid by the Driver. This amount is added to the Space Owner’s set price and is detailed in the Parking Contract section on rates and pricing models. VAT Prices stated on the Online Service for parking and listing a parking space include applicable VAT. AutoPay Activating AutoPay By activating AutoPay, you authorize us to charge your selected payment method for each parking session at AutoPay enabled car parks. AutoPay Payments The tariffs for using AutoPay are displayed on signage in the car park, on our kiosks within the car park, on our website/apps, or on specific promotional material. Ratings and Reviews Writing a Review After completing a booking, Drivers can leave a public review and submit a star rating about the parking space and experience. Review Content Reviews must be accurate and free of offensive or defamatory language, complying with DesParking Review Policy. Review Visibility Reviews and ratings are part of a Space Owner’s profile and appear on the listing page. CHANGES TO THESE TERMS Modifications to these Terms DesParking may modify these terms at any time without prior notice. The version of the terms that will apply to your booking will be the version available on our website at the time you make your booking. Modifications to the Website, App, and Online Service We may update the website, app, and online service periodically. The version in effect when you place your booking will apply until the end of your current booking. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU Liability We Cannot Exclude We do not exclude or limit our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation or any other liability that cannot be excluded by law. Liability We Do Exclude We strive to provide the website, app, and online service according to these terms. However, if you use the online service as a driver: If you use the online service as a space owner: Regardless of your role in accessing our website or app, we are not responsible for: Business Losses Our products are for domestic and private use only. If you use the products for commercial, business, or resale purposes, we are not liable for any business losses, including loss of profits, contracts, goodwill, opportunity, and similar losses. Interactions with Other Users You are solely responsible for all communications and interactions with other users of the website and app and with any persons resulting from your use of the online service. HOW WE USE YOUR PERSONAL INFORMATION Privacy Policy We will use your personal information in accordance with our Privacy Policy, which can be found here. ENDING THESE ARRANGEMENTS Our Right to Terminate If we withdraw the online service or close your account, these terms will end. However, the agreement terms between you and us, and the terms of any parking contract, will remain in effect for existing bookings or their consequences, including terms relating to payments, refunds, disclaimers, liability, and damage. Your Right to Terminate If you close your account, these terms will end. However, the agreement terms between you and us, and the terms of any parking contract, will remain in effect for existing bookings or their consequences, including terms relating to payments, refunds, disclaimers, liability, and damage. No New Bookings If you are a space owner, from the termination date of these terms, we will not confirm or accept new bookings for your parking space. We will relocate outstanding bookings to the nearest possible site or issue a refund at our discretion. OTHER IMPORTANT TERMS Transfer of Agreement We may transfer our rights and obligations under these terms to another organization. If you have an account with us, we will inform you in writing of any such transfer, ensuring it does not affect your rights under the contract. Your Consent to Transfer Rights You may only transfer your rights or obligations under these terms to another person with our written consent. No Third-Party Rights This contract is solely between you and us. No other person has the right to enforce any of its terms. Severability Each paragraph of these terms operates separately. If any court or relevant authority finds any paragraph unlawful, the remaining paragraphs will remain in full force and effect. Delay in Enforcement If we delay enforcing any of our rights under these terms, we can still enforce them later. For example, if you miss a payment and we do not immediately chase you but continue to provide the products, we can still require you to make the payment at a later date. Applicable Law and Jurisdiction These terms are governed by English law, and either party can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or English courts.