The following Terms and Conditions (“Terms and Conditions”) govern the use of the parking information, materials, services and documents being made available between the driver ("Driver") who has booked a parking space through the application (the “App”) of Boxcar Inc. ("Boxcar") and the owner or operator ("Owner") of the parking space (the “Parking Space") which has been licensed. The details regarding the Driver, the Parking Space and the proposed License Period ("License Period") are set out in the confirmation email ("Confirmation Email") sent by Boxcar to the Driver on completion of the booking.
The Owner represents and warrants that it is the owner of the Parking Space, or the person who is duly authorized to arrange licensing of the Parking Space.
The Driver agrees that he or she is responsible for ensuring that any person permitted by Driver to park a vehicle in the Parking Space complies with these terms and the Owner similarly agrees that he or she is responsible for ensuring that any person who assists them with managing a booking or is responsible for or authorized to manage the Parking Space or a booking complies with these Terms and Conditions.
Unless expressly stated otherwise, the services provided by Boxcar (collectively, “Services”) are limited to informing Drivers of the location and potential availability of the Parking Spaces and facilitating reservations of Parking Spaces (“Reservations”) by displaying Parking Spaces, processing Reservations and collecting fees on behalf of Owners. Any fees and/or consideration paid to Boxcar is paid to Boxcar in connection with these Services unless otherwise indicated. In the interest of clarity, Boxcar does not: (i) negotiate terms of licenses or settle disputes between users of the App; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Services herein (collectively, “Excluded Services”). The Excluded Services are provided by Owners who are neither Boxcar’s agents nor acting on behalf of Boxcar and Boxcar has no responsibility whatsoever regarding the safety of persons or property in the Parking Spaces, or any facility or location where the Parking Spaces are located, found through use of the App. Boxcar is not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although Boxcar does not guarantee the availability of a specific Parking Space, if a booked Parking Space is unavailable at a Driver’s reserved time, Boxcar will attempt to locate an alternative Parking Space, provide Driver with a refund and/or otherwise resolve any issues in accordance with its standard customer service policies and procedures and at its sole discretion.
These Terms and Conditions govern the use of Services between the Driver, Owner and Boxcar. Boxcar is an intended third party beneficiary of these Terms and Conditions but shall have no obligations to the Driver or the Owner under these Terms and Conditions except as explicitly stated herein.
The Owner grants a license to the Driver to use and occupy the Parking Space during the License Period as set out in the Confirmation Email. The Driver is not a tenant of the Owner and has not been granted exclusive possession of the Parking Space.
Booking and Payment
The Driver and the Owner agree to make all bookings for the Parking Space through Boxcar and acknowledge that Boxcar may handle the booking and payment process on the Owner's behalf.
The Driver acknowledges that all payments made to Boxcar are received by Boxcar as agent for the Owner.
Driver shall be responsible for all charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Parking Space, the Services or the use of the App. Driver agrees to pay to Boxcar all fees (including any overage fees) for Boxcar’s provision of the Services, in accordance with the pricing and payment terms presented to Driver for such Services. Where applicable, Driver will be billed using the billing method Driver selects. Except as provided in these Terms and Conditions or when required by law, all fees paid by Driver are non-refundable. Boxcar may change the fees for any Services at any time.
While Boxcar makes every effort to provide accurate information regarding the Parking Spaces listed on the App, at times such information may become inaccurate and Boxcar shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Space will be governed by, in addition to these Terms and Conditions, any of Owner’s customer agreements or policies in place from time to time, as applicable, including, without limitation, all terms and conditions related to the use of any Parking Space, any payment terms and conditions and all rules and restrictions imposed by the Owner on the relevant parking facility and/or Parking Space, as each may be entered into or effected in accordance with the Owner’s standard operating procedures (the “Owner Terms and Conditions”). By making a Reservation, you agree in all cases also to abide by the Owner Terms and Conditions.
In connection with our provision of the Services, Owners may represent and warrant to us that they have full authority to list the Parking Spaces for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to Driver’s use of a Parking Space. In addition, Boxcar will never be responsible for any agreement or other arrangements between Driver and any Owner, regardless of whether such agreement or other arrangements are related to Driver’s booking and use of a Parking Space.
Owner assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by Boxcar, and shall include any applicable taxes in the listing on the Boxcar App. Boxcar shall have no obligation to collect or remit any tax amounts. Owner shall indemnify Boxcar and hold Boxcar harmless from and against all state and local taxes, except income taxes, imposed on Boxcar that relate to transactions originated by Boxcar.
Cancellation
All bookings are final.
The Owner agrees to honor all bookings.
If the Owner must cancel the Driver's booking due to exceptional circumstances beyond the Owner's reasonable control, the Owner agrees to inform Boxcar. The parties agree that Boxcar will be instructed to contact the Driver with proposals for a suitable alternative parking space to be provided by another registered Boxcar owner. Boxcar makes no guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Owner or the Driver to honor the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any of these Terms and Conditions.
End of License Period
The Driver must vacate the Parking Space and cease using the Parking Space by the end of the License Period. The exact departure time from the Parking Space will be as stated in the Confirmation Email.
Parking Without a Reservation
Unless the Owner has agreed to a later departure time or a further License Period (and the Owner agrees with the Driver that such agreement must be through Boxcar) the Driver will be liable to pay the full daily price for any additional time stayed. Driver will be charged:
the daily rate for the Parking Space;
a $25 penalty charge; and
any additional costs incurred by the Owner as a result of the overstay up to a maximum of $150.
The Owner shall authorize Boxcar to collect payment of any such additional fees from the Driver on behalf of the Owner.
Boxcar may request an image with a visible timestamp of Driver’s vehicle if there is a dispute regarding an overstay.
If the Driver overstays by more than 2 hours past the end of the License Period, then the Owner reserves the right to instruct a third party to remove the Driver's vehicle(s) from the Parking Space (and the Driver will be charged for the costs of any such action).
Boxcar has full discretion about whether any fees or fines will be applied for overstays and Boxcar's decision will be final.
Driver Obligations
The Driver has responsibility for their personal safety and the safety of their vehicle during the License Period. The Owner is not responsible for ensuring the safety of the Driver or the vehicle.
The Driver shall not permit any person other than the Driver(s) named in the Confirmation Email, and shall not allow any vehicle other than the vehicle specified in the Confirmation Email, to occupy the Parking Space at any time during the License Period. If anyone other than the driver named in the Confirmation Email attempts to use the Parking Space, or if anyone attempts to park a different vehicle in the Parking Space during the License Period, the Owner may refuse access to that individual and their vehicle (even if he or she has the authority of the Driver).
The Driver represents, warrants and agrees that he or she will:
keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as he or she found it;
park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
notify the Owner or Boxcar of any damage to the Parking Space during the License Period as soon as 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), or cause any damage, annoyance, inconvenience or disturbance to the Owner or to the owner or occupier of neighboring property;
not conduct any illegal 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;
maintain insurance on the vehicle as required by applicable law;
indemnify and hold harmless the Owner and Boxcar against all loss, liability, damages, costs and expenses arising from the Driver's actions or omissions 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 Owner; and
act with courtesy towards the Owner.
The Driver acknowledges that the Parking Space is someone else's property and agrees not to access, and acknowledges that he/she does not have a license to enter, any other part of the property to which the Parking Space is attached.
Owner Obligations
Although the Driver has responsibility for their personal safety and the safety of their vehicle during the License Period and the Owner is not responsible for ensuring the safety of the Driver or the vehicle, the Owner will not deliberately do or omit to do anything which will or is likely to put the Driver's person or vehicle at risk.
The Owner will make a reasonable attempt to notify Boxcar in the event that the Parking Space is or will be inaccessible for any reason during the License Period.
The Owner represents, warrants and agrees that he or she will indemnify and hold harmless the Driver and Boxcar against all loss, liability, damages, costs and expenses arising from the Owner's actions or omissions 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 Driver.
Complaints, Claims and Liability
Neither party will be liable to the other or to Boxcar 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 these Terms and Conditions, 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.
This section is entirely without prejudice to either party's rights to bring or settle any claim against the other in a court of law.
General Release
Owner and Driver each hereby fully and forever release Boxcar and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the "Boxcar Parties"), and hereby fully and forever discharge and agree to hold the Boxcar 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, from the beginning of time until the date that these Terms and Conditions are agreed upon, which exist, may have existed or which may in the future exist, between Owner or Driver on the one hand and the Boxcar Parties, or any of them, on the other hand, including, but not limited to, any relating to or concerning these Terms and Conditions, the Services or the App.
Waiver of California Civil Code Section 1542
Owner and Driver each hereby understands and agrees that the general release of the Boxcar Parties set forth at clause 9 above extends to all claims of every nature and kind, whether now known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist. With respect to such release, Owner and Driver each expressly waives and relinquishes any and all rights under Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Miscellaneous Provisions
Each party agrees that he or she has the power and authority to enter into these Terms and Conditions.
Neither party will be entitled to assign or sub-contract their obligations under these Terms and Conditions (save for any duties which may be carried out by Boxcar as agent for the Owner).
Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their 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, these terms 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 these Terms and Conditions are fair and reasonable in all circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
These Terms and Conditions are governed by the laws of the State of New Jersey, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the App, other than those resolved or to be resolved through Formal Dispute Resolution, brought by, against or including Boxcar, shall be brought in any state court located in Union County, New Jersey, or in the United States District Court for the District of New Jersey in the Newark vicinage, and Driver and Owner hereby waive any objection to the exclusive jurisdiction of such courts for claims brought by, against or including Boxcar.
If either party breaches these terms and conditions 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 their rights and remedies for any other breach.
Boxcar may disclose any of Driver’s information to third parties if Boxcar determines that such disclosure is reasonably necessary to: (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Boxcar or its users; or (d) protect Boxcar’s property rights.
Boxcar reserves the right to suspend or terminate the use of the Services by any Driver or Owner in the event of a violation of any provision of these Terms and Conditions or if Boxcar Services are used in a fraudulent manner.
Disclaimer of Warranty: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE APP ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY SERVICE BOXCAR OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. BOXCAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE APP IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. BOXCAR DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
General Disclaimer: BOXCAR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR: (a) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP; (b) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE APP OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE APP; OR (c) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
Boxcar makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Boxcar will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction, and its liability is limited to the greatest extent permitted by law.
Boxcar specifically reserves all rights that it does not expressly grant in these Terms and Conditions. Except as explicitly permitted herein, nothing on the App or in these Terms and Conditions grants any right or license to use any property of any third party.
The Boxcar name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Boxcar, Inc. Neither Driver nor Owner may use any Boxcar trademarks or logos without the prior written consent of Boxcar.
Boxcar may at any time modify these Terms and Conditions and your continued use of the App will be conditioned upon the Terms and Conditions in force at the time of your use.
