Terms of Service

HAH Parking, Inc.

Last Updated: March 25, 2019

 

CONTENTS

HAH Parking (“HAH”) is a mobile application that has the purpose of enabling drivers (“Renters”) and parking space holders (“Listers”) to connect, reserve and rent parking space from one another.

These terms and conditions apply to any and all use of the HAH parking system including mobile applications, payment platforms, website at hahparking.com and all affiliated web services, social media channels and media outlets owned and operated by HAH Parking, Inc.

By clicking “accept” or “agree” to this Terms & Conditions, (1) you acknowledge that you have read, understand and agree to be bound by this Terms & Conditions, and (2) you represent and warrant that you are at least eighteen (18) years old with a valid drivers license and are not prohibited by law from accessing or using the Services and (3) THIS TERMS & CONDITIONS CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

HAH may update or revise this Terms & Conditions (including any HAH Policies) from time to time without any prior notice to User. You agree that you will review this Terms & Conditions periodically. You are free to decide whether or not to accept a modified version of this Terms & Conditions, but accepting this Terms & Conditions, as modified, is required for you to continue using the Services. [You may have to click “accept” or “agree” to show your acceptance of any modified version of this Terms & Conditions.] If you do not agree to the terms of this Terms & Conditions or any modified version of this Terms & Conditions, your sole recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by HAH, any use of the Services (e.g., to use the Reservation Services) is subject to the version of this Terms & Conditions in effect at the time of use.

THIS AGREEMENT IS SUBJECT TO THE SOUTH CAROLINA ARBITRATION ACT

JURISDICTION AND VENUE

In order to use this service You Agree to consent to legal jurisdiction and venue being the State Court of Charleston County, South Carolina.

  • In the event of any dispute or alleged claim whatsoever, you agree/consent to submit to the exclusive jurisdiction and venue of the courts located in Charleston County in South Carolina. Any arbitration, mediation or other conciliatory process must be initiated and carried out in Charleston county, South Carolina.
  • You acknowledge that HAH’s rights and your obligations to HAH are of a unique and irreplaceable nature, the loss of which shall irreparably harm HAH and which cannot be replaced by monetary damages alone so that HAH shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
  • Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

DISPUTE RESOLUTION

  • In the event of a dispute, you agree/consent to submit to the exclusive jurisdiction and venue of the courts located in Charleston County in South Carolina. Any arbitration, mediation or other conciliatory process must be initiated and carried out in Charleston county.
  • You acknowledge that HAH’s rights and your obligations to HAH are of a unique and irreplaceable nature, the loss of which shall irreparably harm HAH and which cannot be replaced by monetary damages alone so that HAH shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
  • Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

RENTER / LISTER LICENSE AGREEMENT

This parking space license agreement is between the Renter who has booked a parking space through either the mobile application or paid directly via the HAH Attendant mobile payment platform made available in South Carolina by HAH Parking, Inc. (“HAH”) and the Lister or operator of the parking space which has been licensed.

The Lister represents and warrants that he/she is the owner of the Parking Space or the person who is duly authorized to arrange licensing of the Parking Space. This Agreement details the terms and conditions which apply between the Renter and the Lister of the Parking Space.

The Renter agrees to be responsible for ensuring that any person the Renter allows to drive the vehicle to the Parking Space complies with the terms of this Agreement and the Lister similarly agrees to be responsible for ensuring that any person who assists the Lister with managing a booking, or is responsible for or authorized to manage the Parking Space or a booking, complies with the terms of this Agreement.

HAH is the Lister’s agent for the purpose of this Agreement but is not the Lister. This Agreement is between the Renter and the Lister (for details of the terms which apply between the Renter and HAH please see the Renter Agreement or for the terms which apply between the Lister and HAH, please see the Lister Agreement). HAH is an intended third party beneficiary of this Agreement and has the right to enforce this Agreement but it shall have no obligations to the Renter or the Lister under this Agreement.

The Lister grants a license to the Renter to use and occupy the Parking Space for the dates and times set out in booking (the “License Period”). The Renter is not a tenant of the Lister and has not been granted exclusive possession of the Parking Space.

BOOKING AND PAYMENT

  • The Renter and the Lister agree with each other to make all bookings for the Parking Space through the HAH Parking Platform and acknowledge that HAH will handle the booking and payment process on the Lister’s behalf.
  • All bookings and payments will be made in accordance with the Renter Agreement and the Lister Agreement and the Renter acknowledges that all payments made to HAH are received by HAH as agent for the Lister.
  • The Lister accepts that payment of the fees for the license to HAH represents a full discharge of the Renter’s payment obligations for that booking.

PAYMENT METHODS

You can edit your Payment Method by logging into the HAH mobile app and editing it in your account settings. If in the event that a payment is not successfully settled due to expiration, insufficient funds or other reasons, you nonetheless will remain responsible for any uncollected amounts and authorize us to charge the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our mobile application or any portion thereof.

CANCELLATIONS AND VIOLATIONS

By requesting a Reservation, you are agreeing to pay the rate published at that time for the requested period. If you later choose to cancel the Reservation, you agree to be subject to the HAH Cancellation Policy which is found below and is subject to change without notice. You may also receive penalties for failure to remove your vehicle from a Lister’s property by the end of the reservation period. Penalties for cancellation or failure to vacate a property at the agreed upon time may include but are not limited to, towing fees, boot clamp fees, cash and electronically issued fines to be paid immediately, account suspensions, and negative reviews posted publicly on the Services in association with your account, which will inform and warn other Renter of your cancellation or failure to vacate at the agreed upon time. By registering your payment information with the Services, you agree to allow HAH to automatically charge in accordance with these policies. The fees and fines charged may vary. The HAH Cancellation Policy is expressly incorporated herein by reference.

CANCELLATION POLICY

  • If the Renter cancels their booking at least 24 hours before the start of their reservation, the Renter will receive a full refund.
  • If the Renter cancels within 24 hours from the start of the reservation, the Renter will receive no refund.

If the Lister cancels a reservation then the Renter will always receive a full refund.

By booking a reservation, the Renter agrees to the Terms and Conditions as well as the Cancellation Policy. The Renter also agrees to allow HAH to pre-authorize and charge the payment method on file for any applicable cancellation fees or penalties. The maximum fee for any cancellation is the total cost of the reservation that has been canceled.

CALCULATION OF PARKING RATES

Payment Authorization; Taxes. You acknowledge that parking rates are set by Listers to facilitate the booking of Reservations and HAH does not set the advertised rate for the parking space. The parking rate displayed on HAH is determined solely by the Lister and HAH’s fees are in direct relation the price set by the Lister. You agree to pay in full the price displayed on the Services for the total reservation price, which includes the parking rate plus, where applicable, service fees, processing fees and taxes at the time of your reservation request.

All Reservations and other transactions consummated through the HAH mobile Application will be turned over to the relevant Lister, and thereafter, a Renter may be required to enter into a separate agreement with that relevant Lister. You acknowledge and confirm that you are authorized and permitted to use any credit, debit card or any payment method including Venmo, Apple pay, Google Pay, Sumsung Pay, Paypal and any other payment method accepted by Braintree’s payment platform that you register on HAH’s mobile application. When you fund a transaction, you agree that HAH is not in any way responsible or liable for the transaction. You acknowledge that HAH does not collect taxes for remittance to applicable taxing authorities. The Listers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions.

END OF LICENSE PERIOD

  • The Renter must vacate the Parking Space and cease using the Parking Space by the end of the License Period.
  • Unless Lister has agreed to a later departure time or an extended License Period (and the Lister agrees with the Renter that such agreement must be through HAH), the Renter will be liable to pay the equivalent of the fee for a full day for the Parking Space for every completed hour period that the Renter overstays beyond the end of the License Period.
  • The Lister authorizes HAH to collect payment of any such additional fees from the Renter on behalf of the Lister.
  • If the Renter overstays their reservation time then the Lister reserves the right to instruct a third party to enforce the vehicle in violation using a boot clamp with an associated fee to remove it. Or, the Lister has the option to have the Renter’s vehicle or vehicles removed from the Parking Space and the Renter will be charged for the costs of any such action.

RENTER OBLIGATIONS

As a renter using HAH you agree/consent to the following:

  • You are assuming all liability associated including injury, damage, permanent injury, paralysis or and/or death.
  • You are 18 years or older.
  • You agree to assume sole liability, responsibility and supervision of all occupants in the vehicle.
  • The Renter has primary responsibility for his or her own safety and the safety of his or her vehicle during the License Period. The Lister is not responsible for ensuring the safety of the Renter or the vehicle.
  • The Renter may not allow any other person and may not allow any vehicle other than the vehicle specified in the Renter’s account registered with HAH to occupy the Parking Space at any time during the License Period. This Agreement applies solely to the Renter and the Lister and may not be transferred to any other person. If anyone other than the Renter attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period, the Lister may refuse access to that individual and the individual’s vehicle (even if the individual has the authority of the Renter).
  • The Renter represents, warrants and agrees that the Renter will:
    • maintain insurance on the vehicle as required by applicable law;
    • park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
    • notify the Lister and HAH of any damage to the Parking Space during the License Period immediately after it occurs.
    • not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Lister or to the owner or occupier of neighboring property;
    • not conduct any illegal or immoral activity from the Parking Space;
    • not conduct any business or commercial activity whatsoever from the Parking Space;
    • not use the Parking Space for any purpose other than for parking;
    • keep the Parking Space clean, tidy and clear of trash and leave the Parking Space in the same condition as it was found;
    • indemnify and hold harmless the Lister against all loss, liability, damages, costs and expenses arising from the Renter’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Lister;
    • act with courtesy towards the Lister.
  • The Renter acknowledges that the Parking Space is someone else’s property and agrees not to access any other part of the property to which the Parking Space is attached.

LISTER OBLIGATIONS

As a Lister using HAH, you agree/consent to the following:

  • As a Lister are fully liable for any and all damage
  • You give consent that you have or will provide valid insurance (homeowner, property and auto insurance)
  • You are authorizing that you are the owner and authorized person to rent the listed space and it is your personal and private property.
  • Although the Renter has primary responsibility for his or her own safety and the safety of his or her vehicle during the License Period and the Lister is not responsible for ensuring the safety of the Renter or the vehicle, the Lister will not deliberately do or omit to do anything which will or is likely to put the Renter’s vehicle or persons at risk.
  • The Lister shall ensure that the Parking Space is properly and fully described in the HAH listing and, in particular, if the Parking Space is not suitable for certain types of vehicle or if there are any access restrictions the Lister will specify this.
  • The Lister will ensure that the Parking Space is available for the duration of the License Period and will not obstruct the Renter or prevent the Renter from parking in the Parking Space. The Lister will not allow any person other than the Renter and shall not allow any vehicle other than the vehicle specified in the Renter’s Account to occupy the Parking Space at any time during the License Period.
  • The Lister represents, warrants and agrees that:
    • the Parking Space listing is true, complete and accurate;
    • the Lister will ensure that the Parking Space may be accessed easily by the Renter and is not obstructed at the start of or during the License Period;
    • the Lister will ensure that the Parking Space is clean, tidy and clear of trash at the start of the License Period;
    • the Lister will indemnify and hold harmless the Renter against all loss, liability, damages, costs and expenses arising from the Lister’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Renter;
    • the Lister will act with courtesy towards the Renter and assist and cooperate with the Renter in relation to locating the Parking Space.

COMPLAINTS, CLAIMS AND LIABILITY

  • Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the License Period each party will attempt to resolve such dispute in the first instance by directly communicating with the other.
  • In the event that a dispute cannot be resolved directly, it is agreed that either party may refer the dispute to HAH or make a complaint about the other. Both parties authorize HAH to deal with the dispute or complaint as it sees fit and agree to abide by any decisions HAH may make in such circumstances, including requiring refunds to be made or compensation to be paid.
  • Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this Agreement, the Parking Space or the License Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
  • The Lister’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed License Period or the amount of the Parking Space fees and charges paid by the Renter whichever is the higher amount.
  • The Renter’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Renter.

REFUNDS

Both the Lister and Renter have 24 hours following the end of a reservation to file a complaint. HAH will then review the complaint and determine at its own discretion whether either party is entitled to a refund. After 24 hours of the reservation in dispute, no refunds will be issued or processed and the disputes are closed.

GENERAL RELEASE

Lister and Renter each hereby fully and forever release HAH and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, and assigns, jointly and severally (collectively, the “HAH Parties”), and hereby fully and forever discharge and agree to hold the HAH Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Lister or Renter on the one hand and the HAH Parties, or any of them, on the other hand in connection with this Agreement.

GENERAL

  • Each party agrees that it has the power and authority to enter into this Agreement.
  • Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by HAH as agent for the Lister as set out in this Agreement.
  • Neither party will be liable to the other or be deemed to be in breach of the terms of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any event of force beyond the party’s reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
  • Save in the case of fraud, the terms of this Agreement represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
  • The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
  • This Agreement is governed by the laws of Charleston, South Carolina and the federal laws of the United States of America applicable therein, without reference to the principles of conflicts of law.
  • If either party breaches the terms of this Agreement and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce its rights and remedies for any other breach.

DISCLAIMER & LIABILITY

To the full extent permitted by law, HAH Parking, Inc. and its officers, directors, employees, agents and affiliates (1) make no promises, warranties, or representations as to HAH, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide HAH on an “AS IS” and “AS AVAILABLE” basis and any risk of using HAH is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non- infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with HAH. HAH Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to HAH, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

USE

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with HAH, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, messaging, searching, or mobile use. You agree not to copy/collect HAH content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/ communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of HAH’s policies or rules referenced above (“Prohibited Content”). You agree not to collect HAH user information or interfere with HAH. You agree we may moderate HAH access/use in our sole discretion, e.g., by blocking, filtering, re- categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

FEES

You authorize HAH to charge your account for HAH fees in any paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any listing.

ACKNOWLEDGEMENT OF THE ENTIRE AGREEMENT

You acknowledge that by using the HAH Parking platform, you agree to the terms and conditions and agree to be fully bound by them.

QUESTIONS

If you have any questions about these terms and conditions, please contact us at any time by emailing us at support@hahparking.com

HAH Parking, Inc.
255 King Street STE 10
Charleston, SC 29401