Parqo

Terms of Use & Liability — DRAFT

DRAFT FOR LEGAL REVIEW — NOT YET IN EFFECT. NOT LEGAL ADVICE. Skeleton prepared 2026-07-31 to reflect what the Parqo app actually does, so Philippine counsel can finalise it. Every [bracket] must be completed and the whole document reviewed and approved before it is published or relied upon. The limitation of liability, disclaimers, indemnity, and dispute-resolution clauses in particular require a lawyer — the drafting below is a starting point, not settled terms.

This is the master agreement between [registered business name] (“Parqo”, “we”, “us”) and every user of the Parqo platform, whether a Booker or an Owner. Role-specific terms are in the Booker Terms of Use and the Owner Agreement; where they conflict with this document, [state precedence]. By creating an account or using Parqo, you agree to these terms.

Version [effective date].

1. The service — Parqo is a neutral intermediary

  • Parqo operates an online marketplace that connects parking-slot Owners with Bookers. Parqo provides the technology to list, discover, book, pay for, and communicate about parking slots.
  • Parqo is not the owner, lessor, operator, or manager of any parking slot or premises; does not own, control, inspect, or supervise any slot; and is not a party to the parking arrangement, which is directly between the Booker and the Owner.
  • Parqo does not provide parking, security, custody, storage, or insurance of any vehicle, and does not guarantee the existence, quality, safety, legality, or availability of any listed slot, nor the conduct, identity, or authority of any user. Listing verification is a reasonable-effort administrative check, not a guarantee.

2. Eligibility & accounts

You must be at least 18 (enforced for bookers via a date-of-birth gate; see the Booker Terms §2), provide accurate information, keep your account secure, and be responsible for activity under it. Parqo is one account per person: you may not create duplicate accounts or re-register to evade a suspension. We may require identity verification (a government ID and a selfie) — for owners at listing, and for bookers making repeat bookings. As part of this, we compare your selfie against your government ID using automated facial-recognition technology (a biometric check you consent to at submission; a strong match may verify you automatically, otherwise a person reviews it), as described in our Privacy Policy. We may refuse, suspend, or close accounts, including for false or falsified information, per these terms or the law.

3. Bookings, payments & payouts (summary)

  • Bookings are confirmed on successful payment; payments are processed by PayMongo. Parqo collects the booking amount, retains a platform fee, and remits the balance to the Owner on a weekly, settlement-based schedule (see the Owner Agreement). A convenience fee is charged to the Booker.
  • Refunds are handled through Parqo's admin-reviewed refund process; details are in the Booker Terms / Refund Policy.
  • Parqo is not a bank, e-money issuer, or escrow agent, and does not provide financial services; it facilitates payment through its provider. [Confirm characterisation with counsel and PayMongo terms.]

4. User responsibilities & acceptable use

You will use Parqo lawfully and will not: misrepresent identity, authority, or vehicle/slot details; list a slot you do not own or are not authorised to sublet; list or occupy a slot that misstates the physical slot number; arrange payment off-platform to circumvent fees; harass or endanger other users, PMOs, or staff; infringe others' rights; introduce malware; scrape or misuse the platform; or use Parqo for any unlawful purpose. Role-specific duties are in the Booker Terms and Owner Agreement.

5. Relationship between users; disputes between users

  • Any parking arrangement, access, condition of the slot, vehicle handover, and conduct are matters between the Booker and the Owner (and, where relevant, the building/PMO). Parqo is not responsible for, and does not control, user conduct or the physical premises.
  • Parqo may (but is not obliged to) help resolve disputes, including through the refund-review process. Any such assistance does not make Parqo a party to the arrangement or liable for its outcome.
  • You release Parqo from claims arising out of disputes between users, to the fullest extent permitted by law. [Confirm release wording with counsel.]

6. Disclaimers (service provided "as is")

To the fullest extent permitted by Philippine law:

  • The platform and all listings are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, availability, or non-infringement.
  • Parqo does not warrant that a slot will be available, accessible, safe, or as described, that a user is who they claim to be, or that the service will be uninterrupted or error-free.
  • Nothing in these terms excludes any liability that cannot lawfully be excluded under Philippine law (including the Consumer Act where it applies).

7. Limitation of liability

Counsel to finalise — the cap, carve-outs, and enforceability under Philippine law (incl. the Consumer Act and Civil Code) must be confirmed.

To the fullest extent permitted by law:

  • Parqo is not liable for theft of or damage to any vehicle or property, personal injury, towing, loss of use, or any loss arising from a slot, its premises, a user's conduct, or a booking — these risks lie between the Booker, the Owner, and/or the building.
  • Parqo is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill.
  • Parqo's total aggregate liability for any claim relating to the service is limited to [the greater of the fees Parqo earned on the booking(s) giving rise to the claim / PHP [amount]]. [Confirm cap.]
  • These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose.

8. Indemnity

You agree to indemnify and hold Parqo harmless from claims, losses, and costs (including reasonable legal fees) arising out of your use of the service, your breach of these terms, your listing or use of a slot, your vehicle, or your violation of any law or third-party right. [Confirm scope with counsel.]

9. Suspension & termination

We may suspend or terminate access — including immediately, for unauthorised listings, misrepresented ownership, fraud, safety, or legal reasons — and holding an Owner account holds all its listings. Provisions that by their nature should survive (payments owed, disclaimers, liability limits, indemnity, dispute resolution) survive termination.

10. Third-party services

Parqo relies on third parties (e.g. PayMongo for payments, Semaphore for SMS delivery, and the building/PMO for physical access). Their services are governed by their own terms; Parqo is not responsible for third-party acts or omissions.

11. Intellectual property

The Parqo name, platform, and content are owned by [registered business name] or its licensors. You receive a limited, revocable, non-transferable licence to use the service for its intended purpose. [Confirm IP + user-content licence wording.]

12. Privacy

Personal data is handled under our Privacy Policy (RA 10173), which forms part of these terms.

13. Changes to these terms

We may update these terms; the version date shows the latest edition. Material changes will be notified and, where required, re-accepted before continued use.

14. Governing law & dispute resolution

  • Governed by the laws of the Republic of the Philippines.
  • [Dispute-resolution mechanism — e.g. good-faith negotiation, then the exclusive venue of the courts of [city], or arbitration — confirm with counsel, including any consumer-protection limits on venue/arbitration clauses.]

15. Force majeure

Neither Parqo nor any user is liable for any failure or delay in performing under these terms caused by an event beyond its reasonable control (a force majeure event), including: typhoon, flood, storm surge, earthquake, volcanic activity, fire, or other natural calamity; epidemic or pandemic and related quarantine or public-health measures; war, terrorism, or civil unrest; strikes or labour disputes; power, telecommunications, or internet failure; acts of government or regulators; building lockdowns or closures; and outages of third-party providers (e.g. the payment processor, hosting, or SMS/email providers).

  • While a force majeure event continues, the affected obligations are suspended, and time-sensitive actions (such as manual payouts and refunds) may be delayed.
  • A booking that cannot be used because of a force majeure event is handled under the Refund & Cancellation Policy: the booker is refunded the parking amount (the convenience fee is non-refundable), and the owner is not treated as in breach.
  • Force majeure does not excuse an amount that had already fallen due before the event, and each party will use reasonable efforts to resume performance.

[Confirm wording against the Civil Code's fortuitous-event rules (Arts. 1174 et seq.) and the Consumer Act with counsel.]

16. General

Entire agreement; severability (an unenforceable clause is severed, the rest stands); no waiver; assignment by Parqo permitted, by users only with consent; notices to [notice address/email]. [Confirm.]

17. Contact

[support/legal contact email] · Operated by [registered business name], [registered address].

Draft skeleton for legal review. The operator's Philippine counsel must complete the bracketed items and finalise the disclaimer, limitation-of-liability, indemnity, and dispute-resolution provisions — including their enforceability under the Civil Code, the Consumer Act (RA 7394), and the Data Privacy Act (RA 10173) — before this is published or relied upon.