These conditions are for external service providers registered in GAZELLE app and identified as parking owners.
The following terms have the relevant meanings ascribed to them below:
“Confidential information” means any confidential or private information or other information not available to the public that is disclosed by one of the parties [“disclosed” (“to the other party (“the recipient”)], whether its disclosure is verbal, written, or by examining tangible things. For example, but not limited to, transactional, operational or performance information and other data or information (Including, GAZELLE data, customer information, parcel/ package information, transaction volume, marketing and commercial plans, commercial, financial, technical and operational information) and/ or those related to renting parking spaces to customers through GAZELLE app and the terms and conditions of this agreement). Confidential information does not include any information that the recipient was previously aware of without being under any obligation to confidentiality, or the recipient obtained it from others who have the right to disclose it, he has no obligation to confidentiality, or it becomes available to the public without error from the recipient.
“Trademarks” All that takes a distinct form of names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, pictures, inscriptions, packaging, graphic elements, shapes, colors, groups of colors, or a combination thereof, or any sign or group of signs if they are used or intended to be used to distinguish goods or services of a facility from the goods or services of other establishments or to indicate the performance of one of the services, or to conduct monitoring or examination of goods or services, and the mark of sound or smell can be considered trademark.
“Standards” means any information related to planning parking and other requirements set by GAZELLE.
“Customer” are the tenants of the parking.
“Customer's feedback” means the information provided by the customer, including evaluating parking rows or suggestions regarding them, and evaluating the ease of booking the parking or observations regarding the customer's experience in booking parking on GAZELLE app.
“Marketing materials” means the videos, static pictures, or other materials that are provided by parking owners for GAZELLE for use in displaying their parking on GAZELLE app.
“GAZELLE Marketing Material” means the videos and/ or static images and/ or other materials that GAZELLE (or any party nominated by GAZELLE to act on its behalf) creates for marketing and other efforts related to the implementation of GAZELLE.
“Notice Period” means a reasonable notice period, as permitted by the Law.
“Personal data” means any information related to any natural person who is identified or who may be identified directly or indirectly, especially by reference to any of the identifiers such as name, identity number, location data, or an online identifier.
“Representatives” means, in relation to one of the parties, its subsidiaries, officers, directors, employees or related agents.
“Required documents”means all the documents that GAZELLE requires from parking owners, including, but not limited to, the title deed of the property, the municipality license, or other government documents.
“Geographical scope” Kingdom of Saudi Arabia.
“GAZELLE” means GAZELLE Information Technology Company, a company registered under Saudi law and located in Riyadh, Kingdom of Saudi Arabia.
“GAZELLE Application” means any website, application or other technological interface provided by GAZELLE Information Technology to provide rental services for car parks .
“GAZELLE data” means all data related to the acquisition and use of GAZELLE services and GAZELLE tools, including, but not limited to, all personal data related to the owners of parking owners and customers.
“GAZELLE services” means the services that GAZELLE provides to parking owners to facilitate the marketing and leasing of their real estate spaces designated as car parks, including discovering potential customers on demand, processing payments, marketing, operational support and other forms of support.
Provisions for GAZELLE application
GAZELLE may from time to time request
information from the parking owners to confirm their identity as required by any
applicable
compliance obligations before transferring any payments to the parking owners, and it
may
refuse to process the payments due in the event of legal or regulatory risks or a
potential
breach of the law or regulations associated with this transfer.
GAZELLE may provide the customer with some information about the Parking, including: the name of the parking and the means of contacting it.
GAZELLE maintains sole and absolute control over GAZELLE app and all elements of the user experience and user interface related to this app, including but not limited to the following: (customizing GAZELLE app for customers, setting priorities and presenting options available to customers, the search function and its results provided to customers, in addition to or delete or otherwise modify any feature provided by GAZELLE to improve the reliability or effectiveness of GAZELLE app.
GAZELLE does not guarantee the availability or continuity of operation of GAZELLE app at any time for any reason, for example: maintenance work procedures or network downtime. Moreover, GAZELLE app may be subject to restrictions, delays and other problems inherent in the use of the Internet and electronic communications, and GAZELLE is not responsible for the lack of parking or other damages, responsibilities or losses resulting from such problems.
GAZELLE reserves the right to cancel or temporarily or permanently suspend the payment of dues to the owner of the parking with the exception of but not limited to: when there are any legal or regulatory risks or a potential breach of the applicable laws related to the transfer of these dues to the property owner.
GAZELLE may receive customer complaints on behalf of parking owners regarding parking reservations made through GAZELLE app.
GAZELLE app may, at its own discretion, temporarily or permanently suspend, in whole or in part, for parking owners obtaining GAZELLE services in the following cases: (the parking owner does not provide the required documents on time, the occurrence of a trademark issue, the parking owner’s breach of this agreement).
All payments are made electronically through the application, and cash is not accepted under any circumstances.
Each of the parties shall not use or disclose any information related to customers except in the framework of providing services in GAZELLE app, and this does not include the information required by law.
The property owner has a responsibility to maintain the integrity of the information related to his use of GAZELLE app, including any passwords, login or any basic information, and he must not share this information with others.
Any damage that occurs to vehicles as a result of negligence, dereliction, or intentional misconduct by the parking owner, he shall be responsible of the damage cost and the consequent lawsuits and obligations, including attorney fees. GAZELLE is not responsible for any compensation whatsoever.
GAZELLE is committed to having a separate app that enables it to manage its parking.
GAZELLE is obligated for parking owners to provide customers with access to his parking rental information.
GAZELLE is committed to monthly transfer the revenue share to the parking owner.
Parking owners are obligated to make parking spaces available to GAZELLE app users.
Parking owners are obligated to plan lanes and number the parking spaces to accommodate the parking row.
Parking owners are obligated to ensure the safety and security of the place, its cleanliness and its suitability for cars.
Parking owners are obligated to place an instruction sign containing the logo and the name of GAZELLE, with explanatory instructions for reservation, payment, fees and fines.
Parking owners are obligated to exclusively contract with GAZELLE, and they are not entitled to contract with others to operate the parking rows.
GAZELLE receives an amount of 25 Halalah (SAR. 0.25) from the total amount of each payment, regardless of the duration of the parking reservation.
GAZELLE receives an amount of 25 Halalah (SAR. 0.25) from the total amount of the payment process and it is not deducted from the parking owner.
All amounts collected from the online application are monthly transferred to the parking owners, and the parking owners will pay the transfer fees, if any.
Parking owners may use GAZELLE trademark in the context of this agreement and cannot be used out of the context of this agreement without a written consent of GAZELLE.
Parking owners may not exploit GAZELLE’s trademark after the relationship has ended.
Licenses: Parking owners are obligated during the contract period to renew the necessary licenses and records that authorize them to carry out their activities to implement their services at their own expense.
Independence of judgments: When any article or paragraph of the articles and paragraphs of this contract is invalidated for any reason, their invalidity does not affect the validity and binding of the rest of the articles and paragraphs of the contract.
GAZELLE has the right to make any modifications to the articles of this agreement, and the use of GAZELLE app by the parking owner after the modifications is considered as an approval.
The failure or breach of the implementation of any article of this contract shall not be deemed when the default or breach is caused by force majeure, and the two parties shall notify each other in writing when any event occurs that is considered force majeure affecting the implementation of the provisions and articles of this contract, and the parties shall make reasonable effort to fulfill the requirements of this contract to limit any damages that may be caused by force majeure.
GAZELLE may send notifications by sending a general notification about the services, by sending an email to your email address registered in your account, or by sending a written letter by regular mail to your address registered in your account, and you may send notifications to GAZELLE by written correspondence at the address stipulated on its site.
Except as stipulated in these terms, these conditions are subject to Saudi laws alone and not others and interpreted accordingly, and any disputes, claims or conflicts arising from or related to these services or these terms, including those related to their validity, interpretation and enforcement must be resolved in compulsory initiation through the settlement procedures and if the aforementioned dispute is not settled within sixty (60) days of submitting a request to settle the dispute, then this dispute must be referred to arbitration and its final and exclusive solution according to the arbitration rules of the Saudi Commercial Arbitration Center and the headquarters of both mediation and arbitration is Riyadh in the Kingdom of Saudi Arabia, and the Arabic language is the language of mediation or arbitration, The truth which is existence and content of mediation and arbitration procedures, including documents and case notes submitted by the two parties, correspondence to and from the Saudi Commercial Arbitration Center, correspondence from the mediator, correspondence, orders and decisions issued by the arbitrator is strictly confidential and shall not be disclosed to any external party without the express written consent of the other party unless disclosure to the external party is reasonably required in the course of carrying out mediation procedures or arbitration. The external party agrees in writing unconditionally to abide by the confidentiality obligations stipulated in these terms.
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