Terms and Conditions

6.1 Members acknowledge and accept the following:

6.1.1 Metakey makes no warranties or representations as to the accuracy of the information of any kind displayed on the Metakey Platform or which is available to anyone using the Metakey Platform or Services, and you bear all losses and damages incurred acting in reliance on that information; r to check or otherwise verify that any User Content provided by another Member is not in breach of this Customer Agreement;

6.1.3 Metakey is entitled to process all transactions using your Account and is not required to check that you have authorised such transactions. For the avoidance of any doubt, Metakey will not be entitled to debit a payment account, including debit cards, credit cards, and bank accounts unless provided with this initial authorisation by you;

6.1.4 Metakey does not warrant the Metakey Platform and Services will be available for use free of technical or functional errors, including the presence of "viruses" "Trojans" "spyware" "adware" "bots" and other similarly harmful computer effects, nor that it will be available uninterrupted. Any losses you incur as a result, or because Metakey has chosen to temporarily or permanently suspend the Services and/or the Metakey Platform, is a risk borne by you;

6.1.5 you are prohibited from violating or attempting to violate any security features of the Metakey Platform or Services, including, without limitation:

6.1.5.1 accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

6.1.5.2 attempting to probe, scan, or test the vulnerability of the Services, the Metakey Platform, or any associated system or network, or to breach security or authentication measures without proper authorization;

6.1.5.3 interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Metakey Platform or Services, overloading, "flooding," "spamming," "mail bombing," "hacking," or "crashing;"

6.1.5.4 using the Metakey Platform or Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;

6.1.5.5 forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or

6.1.5.6 attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Metakey in providing the Metakey Platform or Services;

6.1.6 any violation of system or network security may subject you to civil and/or criminal liability;

6.1.7 Metakey has no control over and does not warrant the accuracy of any third party content (including without limitation of any of Metakey's partners, affiliates or sponsors), including websites that may be linked to or from the Metakey Platform and has no control over the content and performance of such third party sites;

6.1.8 you bear any losses or damage however incurred for use or inability to use the Metakey Platform, or in reliance on third party content on the Metakey Platform or available from the Metakey Platform and Metakey shall not, to the maximum extent permitted by law, be liable in any circumstances for any loss or damage howsoever incurred by you, in relation to the use of the Metakey Platform or the Services;

6.1.9 Metakey provides the Metakey Platform and Services on a purely 'as is' basis without warranty of any kind and without any express warranties and to the maximum extent permitted by law, Metakey (for its own benefit and on behalf of its officers and employees) expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the Metakey Platform and Services, including, but not limited to, any implied warranties or guarantees of fitness for a purpose, fitness for a purpose made known to you or non-infringement of third party rights;

6.1.10 to the maximum extent permitted by law, in no event shall Metakey be liable for any loss or damages of any kind (including, but not limited to, consequential loss) arising out of or in connection with your use of the Metakey Platform or the Services and whether arising from breach of contract, tort or any other legal claim, and you agree to release Metakey from any such liability; and

6.1.11 any loss that may be claimed by a Member is limited to the cost of the Services provided by Metakey to that Member in the past 12 months, or the re-supply of those Services to that Member at Metakey's election.

6.1.12 if you register as a Sharer, you represent and warrant that you have all necessary authority, regulatory and planning approvals to enter a Car Space Licence to use the Parking Space and that the Licence to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.

6.1.13 if you register as a Sharer, you agree to notify us immediately upon receiving any notice, correspondence or contact in any other form from any governmental authority, landlord, executive committee, or management company in connection with the use of your Parking Space for purposes envisaged by this Customer Agreement and/or your agreement with the Parker; and upon request, you agree to provide copies thereof to us. Following such notice from you we reserve the right to terminate this Customer Agreement and remove the Parking Space from the Metakey Platform.

6.1.14 if you register as a Sharer, before any Booking Period you must ensure that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Parker under the booking.

6.1.15 if you register as a Sharer, you represent and warrant that you own the Parking Space or that you are authorised to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant, executive committee, or management company to do so. If you are in any doubt, you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, by-laws or any other documents of record to ensure that you are able to enter a Car Space Licence to allow use your Parking Space in the manner envisaged by this Customer Agreement and/or your agreement with Parkers.

6.1.16 we will not be liable to the Sharer, the Parker or any other third party (such as a landlord, tenant, executive committee or management company) if a Sharer does not have the necessary authority and you indemnify and hold harmless Metakey for any loss we may suffer as a result of a breach of any representation and warranty, or breach of any other term of this Customer Agreement.

6.2 You hereby agree to release Metakey and its affiliates, officers, directors, employees, consultants, agents and representatives from and against:

6.2.1 any and all third party claims, proceedings, losses, liability, damages and/or costs (including legal fees on a solicitor and own client basis) arising from your misuse of the Metakey Platform and/or your breach of any warranty, representation, term or condition of this Customer Agreement; and 6.2.2 any and all claims, proceedings, losses, liability, damages and/or costs (including legal fees on a solicitor and own client basis) from another user of the Metakey Platform or Services, except to the extent caused or contributed to by Metakey or its employees, agents or contractors.