Terms of Service
THESE TERMS (Service Agreement) are between BAYZ PARKING SDN. BHD. (Bayz Parking), and you (Driver).
By using the Application, Site or Services as an end-user or Driver, you agree to comply with and be legally bound by the terms and conditions of this Service Agreement, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Application, Site and Services.
BAYZ PARKING SDN. BHD., as the proprietor of the Bayz ParkingTM app and service, is responsible for the design, maintenance and remote operations troubleshooting for the Bayz ParkingTM app and service.
You are an individual seeking to park through the BayzTM app and service.
- Bayz Parking shall offer to the Driver one or more parking spaces which are available and which meet the general criteria as set by the Driver through the BayzTM app-based and/or web-based parking service developed and owned by Bayz (the Service).
- Details of the responsibilities of each of the Parties and the specifics of this agreement are provided in these Terms of Service.
- The Parties hereby recognise the requirement of each of Bayz Parking and the Driver in the offering of, using of and payment for parking through the Service, which can otherwise be referred to as the spirit of this agreement.
- Joint operating activities between the Parties will commence at the discretion of Bayz Parking.
NOW, THEREFORE, Bayz Parking and the Driver agree as follows:
Article 1 - SCOPE OF WORK
1.1. Outline and Responsibilities
The Objectives, Key Tasks and Deliverables for each of the Parties are described in these Terms of Service.
Article 2 - PAYMENT
2.1. Payment Amount
Payment will be from the Driver to Bayz Parking either on a per-use basis or monthly, depending on the type of parking chosen by the Driver.
2.2. Statements and Invoicing
Invoicing will be managed automatically and the Driver shall receive an invoice for each transaction.
Article 3 - REFUNDS
Drivers that have paid for parking and were not able to enter the premises will be refunded upon investigation. Drivers that have been untowardly inconvenienced will be refunded at the discretion of Bayz Parking.
Article 4 - SUPERSEDING EFFECT
This Service Agreement, together with all attachments, supersedes all written or oral agreements and constitutes the entire agreement between the parties hereto.
Article 5 - INTERPRETATION
In the event of any conflict or inconsistency between the terms of this Service Agreement and the terms of an attachment hereto or any document referred to herein or in the terms of any attachment thereto, the terms of this Service Agreement shall prevail and govern the interpretation thereof.
Article 6 - AMENDMENT
This Service Agreement and the attachments hereto shall not be deemed or construed to be modified, amended or waived, in whole or in part, except by written agreement duly executed by the parties to this Service Agreement.
Article 7 - TERMINATION
In the event of termination by either party, retrieval of the Drivers’ vehicle and any associated parking fees in the event of ongoing parking will be the responsibility of the Driver.
Article 8 - LIABILITY AND INDEMNITY
Bayz shall not be liable for any and all activity either in direct or indirect relation to the Service, and any injury or property damage which may occur thereof. Any incidents occurring while the Driver is parked as a Bayz customer shall be settled between the Driver and the Host location.
At all times, the Driver is solely responsible for adhering to all security and other requirements specific to parking in each Host location, in compliance with all legal requirements and internal policies as required. This is not the responsibility of Bayz.
Article 9 - GOVERNING LAW AND VENUE
This Service Agreement shall be governed by and construed in accordance with the laws of Malaysia. The venue for any legal action shall be in Kuala Lumpur.
Article 10 - DISPUTES
Any dispute between the parties or their assigns arising out of this Service Agreement shall be subject to binding arbitration. Any dispute arising under or relating to this Service Agreement which is not settled by agreement of the parties shall be referred for adjudication by either party to a court of competent jurisdiction.
Article 11 - FORCE MAJEURE
Performance of a party shall be excused hereunder, and such party shall not be considered to be in breach hereof, in the event that such party's performance is rendered impossible or impracticable due to causes beyond the control of such party and not caused by the negligence or intentional act of such party, including such things as fires, floods, strikes, or embargos.
Article 12 - OFFICIAL NOTICES
Unless otherwise provided in this Service Agreement or its Attachments, any communication provided or permitted hereunder shall be in writing and addressed to the party for which it is intended. The Driver shall forward official notices or feedback to Bayz as follows: