TERMS AND CONDITIONS
 
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SITE. We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this website or apps.

1. GENERAL
The terms "we," "us," and "our" refer to ParkBox Malaysia incorporate company ParkBox Digital Sdn.Bhd. and its subsidiaries and affiliates (collectively, "ParkBox"). The term "Services" refers to our eco-friendly parking payment application for public street parking, valet parking, private parking areas and the related products and Services (collectively, the "Services") provided pursuant to these terms and conditions ("Terms and Conditions"). The terms "you" and "yours" refer to the individual or company registering for or using the Services offered by us on this website or apps.

2. SCOPE OF TERMS AND CONDITIONS
2.1 These Terms and Conditions apply to your use of all of the sites and Services owned or operated by ParkBox MALAYSIA, Inc. ("ParkBox") ("we" and "us"), for the benefit of users in the Malaysia ("MALAYSIA") and any other site that we may own or operate in the future (collectively, the "Site"). Unless we say otherwise, all references to the Site in these Terms and Conditions include all such sites. Please note that this Site is intended for use in the MALAYSIA only and these Terms and Conditions apply only to use in the MALAYSIA. ParkBox agrees to provide the Services that you register for through this Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow ParkBox to deliver the Services.
2.2 The contents of this Site are protected by national and international copyright and trademark laws and are the property of ParkBox. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.
2.3 ParkBox hereby grants you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.

3. YOUR USE OF THE PARKBOX SERVICES
3.1 You are responsible for providing ParkBox with the correct information about you when you register for the ParkBox Service. Required details may include, without limitation, your name, vehicles plate number, mobile telephone number, email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the ParkBox website, or via the mobile applications. Additionally, changes may be made by calling ParkBox's Helpdesk during regular business hours at 60389923145. You are responsible for keeping your password and login information for our website secret so that only you can access your account's personal pages on our website. Until you notify us of an unauthorized use of your Personal Pages, we will continue with you for the Services.
3.2 You activate the Services by either: (a) using the ParkBox app on your smart phone device or (b) using the ParkBox website (www.parkbox.my) when you park your vehicle in a designated parking space. You are responsible for all fees associated with the use of your mobile phone (e.g., per-minute phone charges and broadband charges).
3.3 You are responsible for correctly entering the relevant parking zone code, which is indicated on the parking area or banner signs nearest to the relevant parking space, as well as the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking lot number. The parking zone code informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. Note that use of the Services does not guarantee you a parking space even on hourly, daily or monthly parking ticket purchase. We encourage you only activate the Services after you have found an available space on hourly, daily or monthly. To correctly activate the Services when you have parked, you must input the necessary details required to activate your parking session.
3.4 All notices and banner signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from ParkBox. The parking garage or parking lot owner's parking regulations apply to you and your use of the Services does not exempt you from following their rules. Parking rates can be changed by the parking garage or parking lot owner at any time. Increases or modifications to parking fees are beyond ParkBox's control. We pass the fees through to you and we are not responsible for any fee increases.
3.5 You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked. In parking locations that allow for early deactivation of your parking session, it is your responsibility to deactivate your parking session (i.e., before you leave the parking facility).
3.6 ParkBox is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize ParkBox to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, ParkBox may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then ParkBox, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall ParkBox provide any of your credit card data to the relevant authorities in connection with such collection matters.
3.7 We attempt to be as accurate as possible when describing our Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.

4. COMPLIANCE AND OWNERSHIP OF PARKBOX WEBSITE OR MOBILE APPS
4.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.
4.2 We own and shall retain all rights and interest in the intellectual property rights in the Site content, Services, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works
thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.

5. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS
5.1 As part of the Services, ParkBox may send reminders, alerts (further referred to as 'notifications'), or critical service-related notifications via SMS text message, ("Mobile application") push or email to its users, and you acknowledge and consent to the receipt of such messages. ParkBox may use one or more of the following carriers for SMS message delivery: Maxis, Digi, Celcom, UMobile, TuneTalk and Malaysia Cellular.
5.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to ParkBox or that you have the account holder's express permission to use the specified phone to receive text messages about your account from ParkBox.
5.3 With each parking session, you may receive standard SMS messages, push or emails relating to your parking session or ParkBox service communications. Message and data rates may apply.
5.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a parking transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. ParkBox shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
5.5 You may opt out of receiving SMS text messages, push or email notifications at any time. Opting out of SMS, email or push notifications can be completed within the ParkBox newsletter or mobile apps setting. (In the case of Push notifications the user must choose to stop receiving within their mobile phone). To stop the messages from coming to your phone, you may opt out of receiving notification by off it at mobile apps setting. You will then receive a prompt-out confirmation message, and after that, you will receive no future notification messages. Alternatively, you may also visit ParkBox help desk, or email us at any time from your mobile phone by put in the subject title "HELP" to support@parkbox.com.my, or contact us at 60389923145 for questions or assistance in receiving or opting out of receiving text messages or email notifications.

6. FEES
6.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions.
6.2 ParkBox shall process the parking fee and other Services by charging your ParkBox account credit balance, credit card, debit card, or eBanking account at the time of your parking transaction. You must have a valid account credit balance, credit, or debit card, or eBanking account, or suspension of services may occur. If your credit card or debit card is declined your ParkBox account may be blocked or terminated. Additionally, ParkBox reserves the right to transfer the claims for unpaid parking fees to third parties.
6.3 A history of your parking transactions, indicating the parking locations, times and costs is accessible by you from your mobile apps. If you require a printed receipt, you must send it to your personal mailbox and print it from your personal computer. Alternatively, if you wish to get your parking session history, you may retrieve it from your mobile apps under menu history.
6.4 If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute, and the applicable parking authority, if any, within thirty (30) days of receipt of such invoice. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorneys' fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.

7. TERMINATION AND REMEDIES
7.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the apps Account and the Services, in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.

8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 Except as expressly provided otherwise, all Services sold, licensed or provided through this website are governed by these terms and conditions and are provided on an "AS IS" basis. ParkBox does not make any express or implied warranties, conditions or representations to you with respect to the Services, third party work provided hereunder or otherwise regarding these terms and conditions, whether oral or written,
express, implied or statutory. No representation or other affirmation of facts, including, but not limited to, statements regarding the performance of the Services which is not contained in these terms and conditions, shall be binding on ParkBox. You acknowledge and agree that ParkBox shall not be liable for any error, omissions, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, ParkBox expressly excludes and disclaims any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose or that the Services (or your use hereof) will be error free or uninterrupted. You assume all risks associated with the Services.
8.2 Neither ParkBox nor its officers, directors, employees, shareholders, agents, or representatives shall be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these terms and conditions, including but not limited to, damages or costs resulting from the use of or inability to use the Services, even if ParkBox has been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. ParkBox's total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) shall in no event exceed an amount equal to the total amount paid for Services purchased by you hereunder.
8.3 ParkBox is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by ParkBox.

9. INDEMNIFICATION
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or services on this website or mobile apps; and (vi) your use of this website or the products or Services of ParkBox or any third party.

10. GOVERNING LAW; JURISDICTION AND VENUE
10.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Malaysia without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts in Malaysia, and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within Malaysia.
10.2 We intend for this website or mobile apps to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This Site and Services should not be used by minors. If you do not qualify, you are not permitted to use this Site or order or use the Services, and you do not have our consent to do so.
10.3 Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this website or mobile apps or to have otherwise violated these Terms and Conditions.
10.4 The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links are not controlled by ParkBox and do not constitute an endorsement by ParkBox or its affiliates. ParkBox and its affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or Services accessible from such third-party sites. Once you leave the ParkBox Site and go to another site, be aware that those sites may have terms and conditions that differ from the provisions provided herein. ParkBox recommends that you review the privacy policy and terms and conditions of those sites prior to use. ParkBox is not responsible for, and expressly disclaims any and all liability related to actions of such linked sites, their terms and conditions or the content of such sites.

11. MISCELLANEOUS
11.1 Privacy. Our current Privacy Policy is available on this apps, website and is incorporated in these Terms and Conditions by reference. We may change our Privacy Policy from time to time, as stated therein. Please see our Privacy Policy by clicking here.
11.2 Miscellaneous. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and
Conditions, or by a writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to support@parkbox.com.my

12. PARKBOX CREDIT TERMS & CONDITIONS
12.1 By activating a ParkBox Credit account on the mobile application you agree to be bound by all terms and conditions of this Section 12.
12.2 For purposes hereof "top up transaction" is defined as an action which requires payment, and "parking session" is defined as an action which requires ParkBox credit deduction.
12.3 Each time you use your ParkBox Credit to pay (a parking session) the applicable charges will be deducted from your credit balance account.
12.4 Your Credit Balance is deposited in your ParkBox user account. The ParkBox Credit is purchase thru ParkBox app top up credit packages with an administration fees and the credit balance purchased is life time.
12.5 You will not receive interest or other earnings on the credits in your ParkBox credit account.
12.6 ParkBox does not allow split payments (paying a parking session with both the ParkBox Credit and a credit card or eBanking). When parking session made, if it's insufficient credit message prompted, you must top up additional credit first, then only make again your complete parking session. Only ParkBox credit deduction is accepted per parking session made.
12.7 Method of Payment:
12.7.1 Your credit balance account will automatically deducted according to the hourly, daily or monthly parking session made amount charges.
Or
12.7.2 You can directly top up ParkBox credit thru ParkBox App and pay by credit card or eBanking available for credit package purchased amount charges.
Or
12.7.3 You will be notify by push text message when your ParkBox credit balance reaches the threshold value set by ParkBox.
12.8 If your credit card or eBanking account balance insufficient credits and you are unable to top up your ParkBox credit balance account, the top up transaction made will be invalid and notification will be send to you. When parking session made, if its insufficient credit for deduction, the parking session will be invalid and request for ParkBox credit top up message will be prompt.
12.8.1 The top up ParkBox credit transaction can be made when a valid credit card or eBanking account is sufficient credit facilities. You shall remain fully liable to us for the amount of any outstanding transaction costs.
12.9 Users with an active hourly, daily or monthly parking session will use the ParkBox Credit balance deduction method where applicable.
12.10 In the event that your ParkBox credit balance account is closed for any justified ParkBox fault reason, the unused credit balance will be returned (refunded) 85% to your banking saving account provided, or cheque only if neither of the first two refund methods are possible, the returned except any free credits.
12.10.1 Credit balance accounts with a zero or negative balance will not be refunded.
12.10.2 A cheque refund may take up to twenty one (21) business days to be processed and available to you.
12.11 You agree that you are responsible for supplying ParkBox with a valid credit card, debit card or eBanking account to cover the costs associated with top up credit package selected amount.
12.12 You are responsible for all authorized transactions initiated using the ParkBox credit balance account. If you permit another person or persons to use the same ParkBox account (Individual or Corporate), we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons using your ParkBox credit balance account.
12.13 If you become aware of a discrepancy in your ParkBox credit account balance and would like to dispute the value of the account, ParkBox must be notified in writing within thirty (30) days from the last transaction against the credit balance account (parking session or top up transaction).
12.13.1 Discrepancy details must be sent via email to the following email address support@parkbox.com.my
12.13.2 Please include your name, mobile phone number, discrepancy details and any other pertinent details in any correspondence to us regarding a discrepancy.