These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Dibztech, Inc. (as defined below).
These Terms applies to all users of the Services, including without limitation users who are lessors and lessees of parking space/s. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and Dibztech, Inc. or between you and any different service provider identified for a particular Service. For ease of reference, each of Dibztech, Inc. and its subsidiaries are referred to in these Terms as “Dibztech, Inc.”.
By using the Services in any manner, including but not limited to listing, browsing, and leasing of parking spaces you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Dibztech, Inc. reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
If you have any questions, please refer to our Help Centre.
Subject to your compliance with these Terms, Dibztech, Inc. grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
Dibztech, Inc. reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Dibztech, Inc. (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
Comply with Dibztech, Inc.’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by Dibztech, Inc. and subject to these Terms and any other additional terms as Dibztech, Inc. determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user login credentials to another party and must not use another user’s Account without their permission.
3.1 Monthly Parking Lease Fees
All monthly parking fees are due in advance.
Depending on whether you are a lessee of lessor of a parking space/s, you may be charged monthly parking fees or listing commission fees, (collectively, the “Dibztech, Inc. Fees”).
You may pay your monthly parking Fees using Dibz Credits, a credit card or debit card. You may also pay your monthly parking Fees through any of the methods as may be made available on the Services (as defined below) or as may be notified to you from time to time.
You acknowledge and agree that:
5.1 Commission Fees
You may be charged a commission fee for leasing out your parking space on the Services, in accordance with Dibztech, Inc.’s prevailing commission fees’ rules and charges
You acknowledge and agree that:
The Services provide a venue for users to interact with each other, and to lease and lease out parking spaces. Dibztech, Inc. does not pre-screen a user or the Content provided by a user, nor is Dibztech, Inc. directly involved in transactions between users. Consequently, Dibztech, Inc. has no control over, and you agree that Dibztech, Inc. is not responsible or liable for, any of the following:
You are encouraged to use the features and functions available on the Services to communicate with other users regarding a parking space you have leased or leased out. While Dibztech, Inc. endeavors to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, l and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Dibztech, Inc. does not pre-screen Content uploaded by users. Dibztech, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Dibztech, Inc. shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
Dibztech, Inc. may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
In using the Services to create a listing and offer a parking for lease, you agree to comply with the following:
Without prejudice to the rest of these Terms and Dibztech, Inc.’s policies, you warrant, in respect of each parking space listed, which you offer for lease on the Services (as the case may be), that:
All parking listings made and accepted through the Services are binding.
If you are a Lessor who has accepted a lessee’s request to lease your parking space:
If you are a lessee whose request to lease a parking space has been accepted by a Lessor, you agree to make prompt payment of your monthly parking fee (if you elect to pay monthly instead of yearly) through the Services only.
In communicating with a user through the Services for the offering of or acceptance of a parking space (, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
In using the Services to create a listing of a parking space for lease, a Lessor will accept DibzPay ( “DibzPay”) as the means of receiving earnings, accumulating earnings, and withdrawing earnings (“Payment Service”)
9.1 Payment Service
DibzPay allows a lessor to make payment for parking space/s on the Services using: (i) a credit or debit card the buyer registers on the Services, (ii) DibzPay credits that the that the lessor purchases and stores on the DibzPay wallet.
9.1.1 DibzPay Wallet
All the payments that a Lessor has earned from leasing out parking space/s through the Services will be accepted through the lessor’s DibzPay Wallet, after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by Dibztech, Inc. and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:
as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
You may transfer the available balance from your Wallet to your linked bank account and/or debit card (“Default Cash-out Method”) by submitting a withdrawal- request (each, a “Cash-out”). Dibztech, Inc. may also automatically transfer (each, an “Automatic Cash-out”) the available balance from your Wallet to your Default Cash-Out Method in the event your available balance exceeds the equivalent of PHP100,000 and/or on a regular basis, as determined by Dibztech, Inc.. Such Automatic Cash-outs will occur only on business days and funds may take up to five (5) business days to be credited to your Default Cash-out Method. In the event of an Automatic Cash-out, the entire available balance in your Wallet will be transferred to your Default Cash-out Method.
No fees will be imposed for each Cash-out and/or Automatic Cash-out. Notwithstanding anything to the contrary herein, Dibztech, Inc. reserves the right to amend and/or impose any rates and/or fees for any Cash-outs, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.
9.3 Transaction Fees
You acknowledge and agree that you may be charged card fees, top-up fees, commission fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by Dibztech, Inc., as follows:
Lessee (Payment Fee): If you are a lessee of a parking space using the Services, if using DibzPay credits, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from your DibzPay Wallet immediately, prior to the lease request being accepted by the lessor.
If you are a lessee of a parking space using the Services, if using credit or debit card, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from your credit or debit card will only be charged upon to the lease request being accepted by the lessor. A failure to charge the credit or debit card elected for the order will result in the order not being confirmed.
Lessor (Commission Fee): If you are a Lessor of a parking space, once you accept the lease request and the lease commences, the commission fee of twenty five percent ( 25%) applicable on each month of larking lease fee paid.
9.4 Payment Services Provider
In order to provide the Payment Services, you acknowledge that Dibztech, Inc. may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Services and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.
By providing the account information for a credit or debit card you represent and warrant, that: (i) you are legally authorized to provide such information to us; (ii) you are legally authorized to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Services, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
You agree to authorize Dibztech, Inc. and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 9.
9.7 Dibz`Pay Protection
Ensuring users of the Services are protected while transacting on the Services is our top priority. For this reason, DibzPay Protection is available to lessors and lessees who transact through the Services and pay for their parking through DibzPay.
To be eligible for DibzPay Protection, you agree to comply with the following:
If you and/or an user of our Services files a dispute through the Services in connection with any Transactions made through DibzPay (“Disputed DibzPay Transaction”) between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ (available here) (“Dibztech, Inc. Resolution Procedures”).
If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the Dibztech, Inc. Resolution Procedures, you agree that such dispute shall be finally resolved by Dibztech, Inc., which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with Dibztech, Inc.’s decisions and instructions in connection with such dispute. You further agree to release Dibztech, Inc. and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed Parking Transaction.
You acknowledge and agree that Dibztech, Inc. and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed DibzPay Monthly Parking Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the lessor and/or lessee; (iii) require the lessee to stop utilizing the parking space that is subject to Disputed Monthly Parking Transaction (“Disputed Parking”); (iv) require the lessor to refund the Disputed Money to Dibztech, Inc. (or its related corporations) or the lessee; and/or (v) require the lessor to provide an alternative parking space to the lessee, on the condition that the lessee finds the substitute parking as ideal for his/her parking needs. You agree to comply with all Dibztech, Inc.’s instructions in accordance with this Clause.
In the event of a Disputed Monthly Parking Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, Dibztech, Inc. may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the lessee and/or lessor at Dibztech, Inc.’s reasonable discretion.
11.2 Purchase of DibzPay Credits
You may purchase DibzPay Credits by using a credit card, debit card, bank transfer, emoney wallets and electronic and over the counter kiosks. You may also purchase DibzPay Credits through any of the methods as may be made available on the Services or as may be notified to you from time to time.
11.3 DibzPay Credits of more than PHP100,000
Your Account shall not be able to contain stored DibzPay Credits of more than PHP100,000, unless expressly permitted by Dibztech, Inc. and subject to the terms and conditions as provided in this Clause 11.3.
You acknowledge and agree that Dibztech, Inc. shall have the right (but not the obligation) to permit you to hold stored value of more than PHP100,000 in your Account provided that Dibztech, Inc. (or where applicable, any third parties appointed by Dibztech, Inc. for the purposes thereof) shall:
Without prejudice to Clause 10, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Dibztech, Inc., Dibztech, Inc. will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Dibztech, Inc. from any claims, demands and damage arising out of your disputes with users of our Services.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Dibztech, Inc.. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Dibztech, Inc.. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Dibztech, Inc.
The Services may utilize or include third party software that is subject to open source and third-party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third-party licenses applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall prevail with regard to your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorized by Dibztech, Inc. to use Dibztech, Inc.’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Dibztech, Inc., which may be withheld for any or no reason.
Dibztech, Inc. respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please contact support to report the unauthorized use of your intellectual property.
Dibztech, Inc. reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
You may not deactivate your Account however after 365 days or account dormancy, our system will automatically deactivate your account, unless there is an ongoing investigation by DibzTech, Inc or law enforcement agencies in relation to your account.
Dibztech, Inc. reserves the right to, at its sole discretion, and without liability:
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to back up the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Dibztech, Inc. does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Dibztech, Inc.’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Dibztech, Inc. is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Dibztech, Inc. or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Dibztech, Inc. has no obligation to support or maintain the Services.
Dibztech, Inc. disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third-party content and services. Dibztech, Inc. is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Dibztech, Inc. does not accept any responsibility in connection with your participation in activities conducted by any other party.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICEs IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL DIBZTECH, INC. OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DIBZTECH, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIBZTECH, INC.’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY DIBZTECH, INC. IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF PHILIPPINE PESOS THEN STANDING TO THE DIBZPAY CREDITS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Dibztech, Inc., its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Dibztech, Inc. does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Dibztech, Inc. and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Dibztech, Inc. reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services rendered on the Services as Dibztech, Inc. deems appropriate.
You and Dibztech, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Dibztech, Inc. to exercise a right or require performance of an obligation in these Terms shall not affect Dibztech, Inc.’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Dibztech, Inc. and supersedes all prior or contemporaneous understandings and/or agreements between you and Dibztech, Inc..
You hereby agree that the laws of the Republic of the Philippines shall govern this Terms and that the courts of the Republic of the Philippines shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on November 8, 2019