These Terms and Conditions apply to Your use of this Website.
By using this Website you will be deemed to have accepted these
Terms and Conditions.
1. Definitions
In these terms and conditions the following words and expressions
shall have the meanings hereafter attributed to them:
Owner means the owner of the Facility or person authorised
by the owner to enter into an Agreement with the User whose Particulars
are listed on this web-site.
User means the person who by virtue of having obtained
Particulars of the Owner from this web-site reaches Agreement
with the Owner.
Agreement means an Agreement entered into between
the Owner and the User for the Use of the Facility.
Facility means the facility described in the Owners
Particulars contained on this website.
Use means the use by the User of the Facility upon
the terms of an Agreement reached between the Owner and User.
Particulars means such particulars of the Owner and
the Facility as are displayed on this web-site.
Website means the website found at www.stationparking.com
2. Terms applying to use of Website
Use of this Website is subject to these terms and conditions
and by using this Website Owners and Users agree to be bound by
those terms and conditions and agree and acknowledge that the
exclusions on the part of Station Parking set out below shall
apply. Station Parking may modify these terms and conditions at
any time and such modifications shall take effect on the occasion
of any renewal or extension by the Owner of the term for which
the User is permitted to use the Website.
3. Agreements between Owners and Users
Station Parking shall not be or be deemed too be a party to any
Agreement between an Owner and a User or to be bound by any of
the terms of such Agreement which shall not add to vary or in
anyway affect these terms and conditions.
4. Entire Agreement
These terms and conditions represent the entire terms and
conditions agreed between Station Parking and Users or Owners
using this web-site and supersede any previous agreement or understandings
in relation to the subject matter hereof. It is acknowledged that
no representations whether oral or in writing may be relied upon
save to the extent that they are set out in these terms and conditions.
Any variations of these terms and conditions will only be binding
if confirmed in writing signed by the parties.
5. Variations of Terms
Particulars shall not be displayed on the web-site without
prior approval of Station Parking and no variations thereto shall
be permitted without prior approval of Station Parking.
6. Assignability
The rights and obligations in these terms and conditions are personal
to the parties to them and shall not be capable of assignment
delegation or of being sub-contracted.
7. Exclusion of Warranties and Representations
7.1 Station Parking does not warrant the accuracy or completeness
of any of the Particulars and has not made and is under no obligation
to make any enquiry in that respect and is under no obligation
to make and does not make any comment or judgement concerning
the commercial viability or the commercial or legal propriety
of the Facility or the terms upon which it is being offered for
use by the Owner.
7.2 Station Parking does not give any warranty nor does it make
or be deemed to make any statement or representation concerning
the financial standing or good character of the User nor concerning
the fitness or capacity of the User to enter into the Agreement.
7.3 Any information provided by Station Parking to Owners concerning
the description of a Facility or the terms upon which it may be
offered for Use are for the general guidance of the Owner only
and shall not constitute or be deemed to constitute any opinion
upon the part of Station Parking concerning the appropriateness
or commercial viability of such description or terms and in no
circumstances shall Station Parking be liable to any Owner or
any User for any losses (including without limitation loss of
profit or bargain) arising directly or indirectly out of any reliance
placed upon such information.
8. Exclusion and Limitation of Liability
In no circumstances shall Station Parking be liable to any Owner
or any User for any costs, claims demands, expenses, liabilities,
injury, damages (including without limitation any special, exemplary,
punitive, incidental or consequential damages of any kind) or
losses (including without limitation loss of profits bargain or
savings) whether based in contract, tort or otherwise which arises
from:
8.1.1 any breach of the terms of an Agreement;
8.1.2 any fraud or dishonesty by an Owner against a User or vice
versa;
8.1.3 any inaccuracy, error or omission or false or misleading
information contained in the Particulars;
8.1.4 any criminal activity on the part of an Owner or a User
or persons in their employment or under their control or supervision;
8.1.5 any damage to property or injury to persons caused by or
incidental to the exercise of the Use;
8.1.6 any failure by the Owner or the User to comply with the
requirements of the common law or of any Act of Parliament, statutory
instrument any regulations rules or orders made pursuant to any
such Act of Parliament or statutory instrument or any by-laws
or regulations of any local or other statutory or competent authority
relating to the exercise of the Use or the terms of the Agreement;
8.1.7 any unauthorised use of the web-site or information contained
on it including (without limitation) unauthorised use of information
provided by a User to an Owner or vice-versa whether or not pursuant
to an Agreement entered into between them;
8.1.8 any information or use of or reliance placed upon any information
included in the Particulars or any other website referred to in
the particulars; or
8.1.9 any information or use of or reliance placed upon any information
or any terms and conditions or representations included on any
other website which is referred to on this Website.
8.2 If notwithstanding the foregoing exclusions Station Parking
shall incur any liability for any loss or damage arising out of
or connected to the use of the web-site such liability shall be
limited to the amount of the subscription fee paid by the Owner.
8.3 The Owner shall indemnify and save harmless Station Parking
from and against any claim action judgement or order brought or
made against the Owner and any person which is in excess of the
liability referred to in clause 8.2 hereof.
9. Duration and Termination
9.1 Owners Particulars will be displayed on the web-site for
one year from the date of payment of the annual subscription payable
to Station Parking (or for such longer period as may be agreed
by Station Parking) and upon expiry of such period the Particulars
shall be removed from the web-site unless the subscription is
renewed by agreement with Station Parking. On renewal the subscription
payable shall be such sum as may be prescribed by Station Parking
for the time being.
9.2 Station Parking may require amendment of the Particulars
or removal of the Particulars from the web-site without any refund
of the annual subscription if in the reasonable opinion of Station
Parking any of the Particulars are false or misleading or if the
conduct of the Owner in relation to their dealings with Users
or prospective Users may bring the web-site into disrepute.
9.3 Notwithstanding that Station Parking may require the Particulars
to be removed from the web-site pursuant to Clause 9.2 or that
the subscription may not be renewed the provisions of Clause 8
shall remain in full force and effect.]
10. General
10.1 These terms and conditions shall not create or imply any
partnership or joint venture between Station Parking and the Owner
or User nor confer any agency on the Owner or the User and no
fiduciary obligations on Station Parking are hereby created or
implied.
10.2 In these terms and conditions words importing the singular
number shall include the plural number and vice-versa and where
there are two or more persons comprised in the person Owner
or User obligations of such person shall be joint
and several obligations of such persons.
10.3 These terms and conditions shall be governed by the laws
of England and Wales and the Courts of those countries shall have
exclusive jurisdiction to determine all disputes arising in relation
to them.
10.4 In the event that any of these terms and conditions is for
any reason unenforceable or invalid but would be enforceable if
some words were omitted then such words shall be deemed to be
omitted and the remaining provisions shall continue to be valid
and enforceable.
10.5 In these terms and conditions the headings used are for
convenience only and shall not affect their constitution or interpretation.
Note: details of names and addresses and other information about
Owners and Users using this Website may from time to time be made
available to third parties for use by them for sending promotional
materials to such Owners and Users. If you do not wish to receive
such promotional material you should notify Station Parking at
info@stationparking.com