General terms for Barking Platform

Last updated on: 30.11.2020

These General Terms shall apply to all relations between Barking and the User related to the use of the Barking Platform (as defined below) as well as certain aspects of User Agreements concluded through the Barking Platform (as defined below). By signing up in the Barking Platform, the User agrees to the application and content of these General Terms.

  1. DEFINITIONS

“Additional Terms”

mean any additional terms and conditions applicable to a specific Service as made available through the Barking Platform, or on the site of providing the Service by the Provider.

“Barking”

means Barking OÜ, registry code 12801774, address Pärnu mnt 148, Tallinn 11317, Estonia. 

“Barking Platform”

means the mobile application and related platform, including webpage at https://www.barking.ee, operated by Barking as information society service and virtual marketplace that (i) enables the participating Providers to provide information about their available Services to the Users so that the Users can book and order the Services and enter into User Agreements with the Providers and pay for Services and (ii) performs certain other functions made available by Barking from time to time, such as provision of access to gated parking spaces.

“Client”

means any User of the Barking Platform that has placed an Order and enters into a User Agreement with the Provider through the Barking Platform.

“General Terms”

means these terms and conditions applicable to the relationship between Barking and the Client in relation to the use of the Barking Platform by the Client.

“Order”

means the order that the Client has placed with the Provider through Barking Platform to book and use the Service.

“Provider”

means an entity that offers its Services to Clients through the Barking Platform.

“Service”

means the service offered by the Provider through Barking Platform, including (i) granting parking spaces into the use of motorists (including those in parking garages, parking lots and city streets), (ii) providing car wash and related services to motorists and (iii) other services offered by Providers through Barking Platform from time to time.

“Service Fee”

means the price and/or fee (together with applicable value added, sales or other taxes where applicable) that the Client has to pay to the Provider for the ordered Service.

“User Agreement”

means the agreement concluded through the Barking Platform between the Client and the Provider for the provision of the Service ordered by the Client on the specific terms and conditions applicable to such Service as made available through the Barking Platform.

“User”

means any person that has registered a user account on the Barking Platform and uses the services of the Barking Platform through that user account.

  1. LEGAL FRAMEWORK 
    1. The Barking Platform enables the Users to book and order the Services from the Providers.
    2. For the provision of Service through Barking Platform, a User Agreement is concluded directly between the Client and the Provider. A User Agreement is deemed to be concluded from the moment the Order is confirmed on the Barking Platform.
    3. By operating the Barking Platform, Barking acts only as a provider of the information society service and is not a party to any User Agreement. Barking is not the provider of the Services and is not liable in any way for the performance of the Services.
    4. Section 2.3 shall not apply to the extent Barking itself acts as the provider of the parking service with respect to certain parking spaces in which case Barking shall be considered the Provider with respective rights and obligations. 
    5. By operating the Barking Platform, Barking acts as the agent for the Providers in relation to mediation of User Agreements between the Providers and the Clients. As the agent, Barking has been authorised by each Provider to receive payments from the Clients on behalf of the respective principal and forward the received funds, subject to agreed deductions, to the Providers.
    6. In addition to these General Terms, the booking, ordering and paying for specific Services may be governed by Additional Terms applicable specifically to such Services. By ordering such Services the Client confirms that it has read and understood the Additional Terms and agrees to be bound by them.
  2. BARKING PLATFORM
    1. Barking shall make reasonable efforts to make the Services available 24 hours a day, seven days a week, but does not warrant that the access will be uninterrupted. Access may be interrupted, among others, for scheduled and unscheduled maintenance.
    2. Barking may change or remove different parts of the Barking Platform, change its features and add or remove the Providers participating in the Barking Platform in part or in whole at any time without prior notice.
    3. The Platform may include links to other websites or services or to third party content. Barking does not endorse any such linked sites or third-party content, or the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at the Client’s own risk.
  3. user accounts
    1. To access the Barking Platform the User shall sign up or log in via third party interfaces (such as Google, Facebook, Apple or others), a mobile number or any other method made available through the Platform. 
    2. By signing up or logging in, the User is deemed to have accepted these General Terms.
    3. The User shall ensure that any information submitted upon sign up or log in is true, accurate and complete and that third-party accounts used for such sign up or log in belong to the User. 
    4. The User shall keep user account details strictly confidential. The User shall inform Barking immediately upon becoming aware of any breach of security or unauthorized use of the account. 
    5. If a User suspects that his/her credit card or other payment method associated with the Barking Platform has been stolen and/or is being fraudulently used by a third party, the User shall inform Barking immediately. Until receiving such notification, Barking will not be liable for any fraudulent use of the User’s credit card or other payment method by third parties on the User account.
    6. If the User’s mobile number is used to sign up or log in, such number will be associated with the respective User account and added to Barking’s database. If the User is no longer using the mobile number, he/she must notify Barking immediately so that the User’s account data could be anonymized. If the User does not notify Barking about any change to his/her number, the mobile operator might pass the same mobile number to a next person and when using the Barking Platform, this new person is able to see the User’s data.
  4. ORDERING SERVICES, FEES AND PAYMENTS
    1. The Client can select and order the Services through the Barking Platform. The Client may not withdraw from or cancel an Order.
    2. The Client has to pay the Service Fee to the Provider in the amount that has been indicated on the Barking Platform upon the confirmation of the Order, in addition to any penalties or adjustments to the Service Fee payable by the Client under these General Terms or any Additional Terms (incl. but not limited to the Terms and Conditions for Parking Service). The Service Fee on the Barking Platform may differ from the Provider’s on-site fees and prices. The Service Fee on the Barking Platform may be changed from time to time before making an Order. 
    3. Barking has the right to apply and charge the penalties or adjustments to the Service Fee from the Client at the end of the calendar month in which the actions or omissions of the Client that give rise to such additional payments took place. 
    4. Barking, acting as an agent of the Provider, shall prepare and issue to the Client the invoices or informational receipts for the Service Fee on behalf of the Provider, and accept the Client’s payment on behalf of the Provider. Barking is authorized to collect the Service Fee from the Client on behalf of the Provider and forward the sums (less agreed deductions) to the respective principal.
    5. All payments are processed from Client’s payment card or other payment methods activated by the Client on the Barking Platform. Payments are processed through a third-party payment processor. Upon confirming the Order, the Client authorises the payment with its payment card or using other eligible payment method in the amount of the applicable Service Fee, and the respective amount will be reserved on the payment card or through other means of payment. The payment related to the Order will be performed and charged from the Client’s payment card or using other payment methods within 72 hours from confirmation of the Order.
    6. The payment obligations of the Client arising from the User Agreements are deemed to be fulfilled respectively towards the Provider when payment has been performed to Barking and charged from the Client’s credit card or using other payment method. If the Service Fee cannot be reserved on the Client’s credit card or using other payment method, the Order will not be forwarded to the Provider.
  5. COMPLAINTS
    1. If the Client has any complaints regarding the Services, the Client is encouraged to contact the Service Provider directly using the contact information made available on the Platform.
    2. However, the Client may also inform Barking thereof through the Barking Platform as soon as possible, but no later than within one month of the provision of respective Service. In such case, Barking may request evidence or explanation of the circumstances related to the complaint. Although Barking is not the provider of Services and is not responsible for respective Services, Barking may try to facilitate an amicable solution between the Service Provider and the Client.
  6. CANCELLATION AND SUSPENSION OF USE
    1. Barking is entitled to remove any User from the Barking Platform with immediate effect and/or refuse or cancel any Orders, if the Client causes any abuse or harm to the Barking Platform, if Barking has reasonable belief of fraudulent acts by the Client when using the Barking Platform, or if the Client otherwise fails to comply with his/her obligations under these General Terms.
  7. INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING 
    1. By registering on the Barking Platform, Barking grants the User a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Barking Platform for the purpose of ordering and paying for the Services.
    2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Barking during the provision of the information society services under these General Terms (incl. the Barking Platform and any material uploaded therein) belong to Barking. The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Barking Platform or any other software used by Barking or extract or use any data on the Barking Platform for commercial purposes or any other purpose than the intended purpose of the Barking Platform. The User shall use the Barking Platform solely for his/her personal, non-commercial purposes.
    3. The principles for processing the Users’ and Clients’ personal data is set out in the Privacy Policy available on the Barking Platform.
  8. LIABILITY
    1. The Provider is solely liable for the ordered Services and for any defects or issues related to the Services and other shortcomings in the performance of the User Agreements and Barking does not assume any liability thereof.
    2. The Barking Platform is provided to the User strictly on an “as is” and “as available” basis. Barking will not be liable for any interruptions, connection errors, unavailability of, or faults in the Barking Platform. Barking is not providing any warranties, guarantees or representations regarding the features, functions and quality of the Barking Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose.
    3. Neither Barking nor the Client is liable to the respective other party, whether under the General Terms or otherwise, for any damages other than direct proprietary damages. A party is not liable for any loss of revenue, loss of business, anticipated savings or profits or any indirect, special or consequential damages or similar damages. 
    4. Barking’s aggregate liability towards the Client arising in connection with the use of the Platform or otherwise shall be limited to the total amount of Service Fees paid by the Client during six months immediately preceding the date on which the claim arose.
    5. No limitations of liability set forth in these General Terms apply in case the damage is caused intentionally or through gross negligence.
  9. miscellaneous
    1. Barking reserves the right to make changes to the General Terms at any time, by uploading the revised General Terms onto the Barking Platform and notifying all Users thereof through the email address provided by the Client during signup. Barking may also make changes to the Additional Terms by notifying the Client thereof (where applicable). 
    2. The use of the Barking Platform and all legal relations formed thereunder will be governed by the laws of Estonia. A Client who is a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this term.
    3. If the respective dispute resulting from these General Terms cannot be settled by negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If the Client is a consumer, jurisdiction is determined in accordance with the mandatory provisions applicable to consumers.
    4. Where versions of these General Terms exist in any other language, the English language version shall prevail.

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