General

These terms & conditions of use may be changed in part or in whole, from time to time without notice. All changes will be published on this page, and your use of this website after such changes have been posted will constitute your irrevocable agreement to the variation of the terms & conditions of use.

Proprietary Rights

This website is owned and operated by the Kaparking Technologies (hereinafter referred to as KAPARKING). The intellectual property rights in this website, including the logos, information, source code, databases, website design and software programs contained on this website are protected to the fullest extent of the law. All rights, title, interest in the contents are owned by, licensed to or controlled solely by KAPARKING.

Information Contained on the Website

While KAPARKING shall take all reasonable care to ensure that the information contained on the website is accurate and up to date, KAPARKING makes no representations, warranties or undertakings about any of the information content or materials provided on the website (including, without limitation, any as to quality, accuracy, completeness or reliability.)

Your Obligations

You agree:

• To follow and accept all instructions and information in this website when performing a transaction.
• To provide information, which is true, current, complete and accurate when performing a transaction.
• Not to perform any speculative, false or fraudulent transaction.
• To pay all fees (if any) in respect of your transaction.
• Indemnify KAPARKING for any claims, losses, damages, liabilities, costs and/or expenses, arising directly or indirectly from your access of and/or use of this website, including without limitation, any claims of infringement of a third party's rights, and any breaches of your obligations under these terms & conditions.

Terms of use

• The Kaparking Service can only be used by customers in Regions and Territories of fully registered clients for either onsite or off-site parking purposes.
• When using the Parking Service, the Agent shall start the Customer Parking Session by activation through the POS App;
• To ensure that the Parking Session has started correctly, the Customer shall be issued with an invoice printout that a confirmation of the started Parking Session.
• The Street Kaparking system shall not bill any parking fees to fleet under the exemption category.
• Corporate clients that sign up for post-paid street parking service shall have their fleet conveniently park on any gazetted street parking lot anywhere and issued a cumulative bill at the end of each calendar month.
• Street Kaparking System provides information regarding the Parking Sessions on App in the “active park” section, and such information is generally stored for at least eighteen months.

Customer Obligations and Responsibilities

For the duration of this service:-

• The Customer is obligated to consistently adhere to all relevant laws and regulations, as well as the regulations and parking conditions established by Kaparking and the respective Local Government in effect at any given time, pertaining to the Parking Lot where the Customer parks their vehicle.
• The Customer is responsible for making payments at the conclusion of each parking session.
• In the event that the Parking Service on the App becomes unavailable or experiences technical issues when the Customer needs to park, the Customer should seek guidance from an Agent for an alternative offline or manual parking ticketing method to record the start and end of the parking session.
• The Customer is accountable for any parking fines incurred due to improper parking, which may be reported or collected in relation to parking violations, as well as the settlement of such fines. Parking violations are a matter to be addressed solely between the Customer and the Local Authority or the police authority.
• The Customer is responsible for settling any outstanding street parking dues, including any accrued penalties and surcharges, associated with a specific car registration number.

Operator Obligations and Responsibilities

For the duration of this service, the operator:-

• Notify Kaparking of events that could have material adverse effect on the client’s business and its ability to perform its obligation hereunder, within seven (7) calendar days of the occurrence of such event, or circumstance.
• Cooperate with Kaparking in all matters relating to the transactions and/or the Service and furnish Kaparking with such information and documentation in its possession that Kaparking may reasonably request in order to undertake any due diligence with respect to customers and ensure legal compliance on the part of Kaparking. Such information and necessary documentation shall be provided to Kaparking within reasonable time, not to exceed fifteen (15) days from the date of receipt of Kaparking’s written request.
• Comply in all material respects with all applicable local laws, ordinances, regulations, and orders applicable to it, its business, or the ownership of its assets, including, but not limited to Anti-money laundering Regulations and Anti-Terrorist Financing Regulations.
• Comply with all lawful instructions issued by Kaparking with respect to the Kaparking service.

Availability of the Kaparking Service.

• The Kaparking System is available 24 hours a day, excluding the time necessary for planned interruptions for upgrades, modifications, and maintenance. The Customer acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. Kaparking reserves the right to update the Street Kaparking System with new functions or technology, security standards, or administrative procedures. Kaparking assumes no liability for any damages or losses arising from the Street Kaparking System not being available, out of function, or containing errors.
• The Client shall ensure that all information and materials transferred to the Kaparking System are free from damaging elements or source code or malware (viruses, worms, and Trojan horses). The client is responsible for the information that makes available via the App, does not infringe any third party’s intellectual property rights, or otherwise is not in conflict with the law, regulation, or the right of others.
• The Kaparking System applies standard security measures to protect data. Kaparking System is not liable for any data loss or disclosure unless Kaparking System Support Team has acted with negligence.

Right of Access

KAPARKING reserves the right to update or modify this website from time to time. KAPARKING further reserves all rights to deny or restrict access to this website to any particular person, or to block access from a particular internet address to this website, at any time, without ascribing any reason whatsoever.

Username and Password

The website provides the platform to register in order to gain access to the specific Registry services. If you register, it is your responsibility to maintain the confidentiality of your personal information and password for using the Registry System. KAPARKING cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

Intellectual Property

All copyright (including the right to computer programs, source codes, object codes, and algorithms) and other intellectual property rights (including trademarks and patent rights) relating to the Kaparking system, its contents are exclusively owned or Kaparking Technologies. No such rights are transferred to any other partners under this Agreement. It is not allowed to use the Kaparking System or its contents for commercial purposes without prior consent. The Client, Partner or end-user does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software. The Client, Partner or end-user does not have any right to engage in reverse engineering, system duplication, and decompilation, disassembling, or accessing the software’s source code.

Confidentiality

• Neither Party shall disclose confidential information regarding the other Party without the other Parties consent. However, the Client acknowledges and consents to Street Kaparking System to share information regarding the Services and their usage with third Partners to discharge its duties about the provided services. Furthermore, the Client acknowledges and agrees to Kaparking System reporting any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour, and suspicions thereof to the police or any other competent authority to process personal data.
• Kaparking System registers and processes data regarding the Client and Customer, including the name, email address, vehicle registration number, and transaction information. Personal data that may be subject to processing mainly constitutes customer information that the Client, directly or indirectly, furnishes to Kaparking System in connection with the registration and the use of these Services.
• Kaparking System will process the Customer’s data for purposes such as administration of the Services, discharging Kaparking System duties under applicable laws, regulations, and public authority decisions, and sending information to the Customer (e.g., via email)

Termination of Service

KAPARKING reserves the right to terminate or suspend your right to access or use part or all of the website at any time, without prior notice and without detailing our reason for doing so.

Disclaimer of Warranties and Liability

The website, its content and services are provided on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any and all liability to you that may arise from your access to and use of the website, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
No warranty is given that the functionality of the Website will be uninterrupted or error free that defects will be corrected or the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
The website may contain links to third party websites that are not owned, operated, or controlled by KAPARKING. KAPARKING is not responsible for the content, privacy policies or practices of other websites or the entities which own them. Links to other sites are provided simply for your information and do not imply that KAPARKING approves of those sites or their content.

Governing Law

These terms and conditions of use shall be governed and construed in accordance with the laws of Uganda, without regard to its conflict of law principles.