1. INTRODUCTION

1.1. The contractual Terms and Conditions (Terms) describe and regulate the contractual conditions that govern the manner in which you, as a user, can access and use the ParkPay Platform, as well as the services provided through it.

1.2. The capital letter terms in this document are defined in Section 4 below.

1.3. Through the Platform we offer, you can identify parking spaces in a particular area of interest and can access and use parking spaces, the payment of the parking fees being facilitated by our Platform.

1.4. Use of the services offered by our Platform is free to users. Users will, however, have to pay the price for the parking services accessed through the ParkPay Platform, in accordance with the commercial policy and pricing plans of each parking space.

1.5. Services offered through the ParkPay Platform may be used, both by individuals and by legal entities, under specific conditions detailed in this document.

1.6. It is advisable to carefully read in full these Terms, as well as the Data Processing Policy and the Cookies Policy before accessing and using any part of our Platform or any related Services offered through it.

1.7. Accessing and visiting the Site or the Application, installing the Application, using any of the services or components provided through them, or creating an account is your firm agreement that you have read, understand, agree with and undertake to fully comply with these Terms, and the rules set out on your behalf under the Data Processing Policy.

1.8. If you do not agree to any part of these Terms, please do not use and do not access any of the Platform's components nor the Services offered through it.

2. OUR DATA

2.1. The services offered through the Platform are provided under the name of ParkPay.

2.2. These services are provided by ParkPay SRL, a limited liability company, with its registered office in 169A, Calea Floreasca, Corp A, 4th Floor, Sector 1, Bucharest, Romania, registered with the Trade Registry under no. J40/12909/2012, unique identification code 30869952, telephone +40372727276, e-mail contact@parkpay.world (the Company or PARKPAY). 

2.3. For the purposes of these Terms through we, us, our, etc., it is understood PARKPAY.

3. YOUR DATA

3.1. For the purposes of these Terms, by user, you or your, we understand:

(i) any natural person accessing or visiting any part of the ParkPay Platform, or registering an account therein and / or using any of the Services offered through the ParkPay Platform, regardless of whether that person acts in his/ her own name or for any legal entity (for example, as a representative of a legal person);

(ii) any legal entity that benefits of the Services offered by the ParkPay Platform as a result of the registration of its card and billing data by persons authorized by it (natural person users);

(iii) any person who you will allow to benefit of the Services offered through the ParkPay Platform, for example, accessing parking areas using a car registered in your account.  

3.2. In order to be a user of the services offered through the Platform, you must meet the following preconditions:

(i) you must be at least 18 years of age and full exercise capacity, and 

(ii) if you are acting for a legal entity (for example, when you fill the name of a legal entity for billing data, or when payment is made from a card belonging to a legal entity), that legal entity must be lawfully registered  and you must have the right (be empowered) to record data in your account and use the ParkPay Platform in the name and on behalf of that legal entity. You also have the obligation to inform the legal representatives of the respective legal entity about these Terms, as such may be periodically reviewed, and to have their prior consent to these Terms and to use the data of the legal entity in question within the ParkPay Platform.

3.3. By accessing and visiting, registering an account or using, in any other way, the ParkPay Platform, you expressly state and undertake that these preconditions are fully met.

3.4. The personal data that you provide us or that we obtain about you will be collected, used and, generally, processed in accordance with the applicable legislation and with the Data Processing Policy. To access and use the ParkPay Platform, you undertake to fully read and comply with the provisions of such Policy, and you undertake, to the fullest extent reasonably possible, to provide us with correct, complete and up-to-date information about you.

3.5. If you provide us with data or information of other persons (for example, a registration number of a vehicle for which you are not the owner), you undertake that you legally hold the data, that you are entitled to send them to us, and that you have informed the person concerned that you have transmitted the data to us and for what purpose. For example, it is your responsibility to inform the persons whose data you send to us about the content of the Data Processing Policy and to obtain the informed and prior consent of the person concerned about it. You are solely responsible for the Data Recorded in the ParkPay Platform and the consequences such registration may have, and ParkPay can not be held responsible for any unauthorized recording by you of data within the Platform, nor for any consequences such registration may have.

4. DEFINITIONS

4.1. The terms used in capital letters in these Terms have the following meaning:

Aplication	means ParkPay mobile application;
Terms	means this document, having the meaning set at point 1.1 above;
LPR Camera	means recording cameras installed at the entrance / exit of the parking areas, having increased sensitivity, that allow monitoring of access routes (entry and exit of parking spaces) equipped with LPR (License Plate Recognition) technology for automatic recognition of the plate numbers of vehicles;
Recorded Data	means the data, information and options recorded by a user upon opening an account on the Platform, including any subsequent changes and additions to such data, until the account is closed;
Partner Supplier	means a provider of parking facilities that owns or manages a parking space and with which PARKPAY has concluded collaboration agreements for accessing and payment of parking services through the ParkPay Platform;
Platforma or ParkPay or ParkPay Platform	means a technology platform that can be accessed from the user account via the website www.parkpay.world and / or the ParkPay Mobile Application and which, mainly, provides identification services and, as the case may be, access and payment of parking services offered by providers of such services;
Services	means the services offered through the Platform, as described in Section 5 below. The Services do not include the parking services, that are provided by our Partner Suppliers;
Site	means the website www.parkpay.world;
Company or PARKPAY	means the company ParkPay SRL, with the identification data detailed under point 2.2 above;
User	has the meaning defined under point 3.1 above.

 

5. SERVICES OFFERED THROUGH THE PARKPAY PLATFORM

5.1. Through the ParkPay Platform, users can benefit of the following Services:

(i) Identification of parking locations in the area of interest, of occupancy level thereof (if available), of the applicable price or type of price, indication of the parking schedule and the option to navigate to a selected parking location.

For this service you don’t need to open an account in the ParkPay Platform.

In order to benefit of the option to navigate to the chosen parking space, you need to have the geolocation service enabled. If you have not activated and / or do not want to activate it, you will not be able to navigate with us to the desired parking space.

As regards the price, please consider that:

- some parking providers may have a dynamic price or a price that is varying depending on the time of the day, the parking interval and / or the occupancy rate;

- in the case of parking spaces that are not yet ParkPay partners (marked with orange in the ParkPay Platform and which cannot yet be accessed through us), the displayed prices may be prices collected from public sources and not from those who administer such spaces. These prices must be treated by the user as indicative prices.

You have, therefore, the obligation to check in the ParkPay Platform or, as the case may be, directly to the parking space, the price applicable immediately before accessing the respective parking place.

ParkPay undertakes no liability for any price difference that may occur, in the case of parking places with dynamic prices, between the time you checked the ParkPay Platform and the actual time of access to that parking space, nor, in the case of parking spaces that are not yet ParkPay partners, for the price difference between the price displayed in the ParkPay Platform and the price used by that parking place at the time of accessing it.  

(ii) Access and payment of parking used in parking spaces of Partner Suppliers.

To use this service, you first need to open and maintain active a user account and to have agreed to pay parking using the banking card. Opening an account involves, among others, the registration of at least one auto vehicle in your account. For details on opening the account, go to Section 7.1. Details on card payments you can find in Section 8.7.

If these conditions are met, upon placing the vehicle registered in your account in front of the LPR Cameras located at the entrance and exit of the parking space of a Partner Supplier and connected to the access/ exit barrier(s), the access/ exist barrier will automatically lift up without having to obtain an access ticket and without having to pay at the parking space. The payment for parking is made directly through the ParkPay Platform. The estimated time for lifting of barriers is of approximately 1-2 seconds. It is possible, however, that, depending on certain factors, which are not under our control (such as Internet speed), longer waiting time can be recorded, delays for which we do not undertake responsibility.

QR code: As a subsidiary solution for accessing / exiting the parking spaces of the Partner Suppliers, the ParkPay Platform generates a QR code for each vehicle registered in the user account. This code can be used from the mobile phone/ other mobile device where you have installed the Platform, at the entrance and / or exit of the parking space in case the barrier does not lift for various reasons such as: the license plate is missing, illegible, dirty or the positioning of the car in front of the LPR Cameras is inappropriate that they can not read the registration number, etc. This alternative solution is only applicable to parking places that have integrated a QR Code Reader system connected to the ParkPay Platform.

The ParkPay Platform will determine the related due payment depending on the parking duration, by reference to the time of entry and exit in/ from parking, in accordance with the commercial policies of each parking space. In the case of subscriptions, payment will be made in advance at the time of purchase, directly from the ParkPay Platform.

The payment due for parking / subscription is paid through the ParkPay Platform, by way of direct debiting of the bank card, in a secured system, based on your agreement and the data recorded by you in your account. Please access Section 8.7. for further information.

If you have an account active in the ParkPay Platform and do not want to use the access and payment Services offered by such Platform, for one or more parking places, you can (temporarily) disable that respective vehicle in your account. You can also close your account. For further details, please refer to Section 7.4. below.

In order to use the parking access and payment services, it is not neccesary:

- to have the geo-localisation service activated on the mobile phone/ your device nor 

- to have your mobile phone or any other mobile device with you (unless you want to use the alternative option of QR code).

However, it is absolutely necessary that, upon positioning the vehicle in front of the access / exit barriers to / from parking spaces, the vehicle registration plate to be clean, complete, straight, legible and free of any crashes or other obstacles (such as gripping accessories) that can impede the correct / complete reading of the plate.

If the registration plate does not meet the above requirements, it is possible that the vehicle is not recognized at the entrance or exit of a parking space, which may either cause the barrier not to be lifted (at the entrance or exit of the parking place), or the allocation of the vehicle and the related parking cost to another user of the ParkPay Platform.

You are entirely responsible for the consequences of non-compliance with these requirements.

We assume no liability for the situation where the registration plate cannot be read at the entrance or exit of the parking place due to such problems.

5.2. Please consider that in the ParkPay Platform can be periodically developed and / or integrated with new services and functionalities to benefit of users. These will be notified in the ParkPay Platform and can be used by the existing users only to the extent that they will agree to use the data already recorded for the specific purposes of those new services and functionalities.

6.  PARKING SERVICES

6.1. The ParkPay Platform does not provide parking services. The actual parking services accessed through the ParkPay Platform are provided by the Partner Suppliers.

6.2. The ParkPay Platform only facilitates the localisation, access, use and payment of parking services. ParkPay does not own and, in principle, does not manage the parking spaces that you can access through the ParkPay Platform.

6.3. Please keep in mind that each parking space has its own rules of organization and operation. Also, owners or administrators of parking facilities can distinctively collect and process personal data of the persons that are using those spaces. Such data processing is governed by the data processing policy (privacy policy) applicable to each parking space. Generally, these organizational and operational rules and data processing policy are, or should be, displayed in visible locations within each parking space.

6.4. You have the obligation to inform yourself, read and comply with the rules and policies applicable to the parking spaces you decide to use, each time you use a parking space through the ParkPay Platform. You also have the obligation to use the parking spaces provided by the Partner Suppliers legally, in compliance with public order and good conduct, for lawful purposes and in such a way that you do not cause damages, malfunctions or other damages, to the accessed parking spaces nor to the vehicles, goods or persons within them. We assume no responsibility and cannot be held liable for failure to comply with these obligations.

7. USE OF THE SERVICES OFFERED BY THE PARKPAY PLATFORM

7.1. User account. Security requirements 

In order to use the Services offered through the ParkPay Platform, other than those described in 5.1 (i) above - for identifying parking places, you must register and activate a user account within the Platform, latest until accessing, via ParkPay, a parking place of a Partner Supplier.

In order to register an account with us, you must meet the conditions for being a user, as well as fill in and send us a number of personal data including: name, email, password.

For security reasons, the password must be at least 8 characters long. You are required to ensure and maintain the secret character of the password associated with your account, on an ongoing basis. The password must not be disclosed to others, nor must it be written or recorded elsewhere / on other devices. The password is encrypted for us.

Also, for security reasons, the user is advised not to set the auto-login option on the devices used, and to disconnect after each use.

A user can register a single account in the ParkPay Platform. Once the account is created, the user will not allow other people to use his/ her account. If an account is set up for a legal entity (that is, if invoicing is made on behalf of a legal person), and such wants to change the user – i.e. the natural person that is managing the ParkPay account (for example, in case of sale, reorganization, etc.), the relevant changes to the email address, billing details, bank card details should be made, in accordance with the changes made.

After submitting the required data to create your account, you will receive a confirmation email (at the address indicated when opening your account) to activate your account. Your account will only be activated after you access that link and fill in the required data.

To ensure that the data submitted upon setting up your account are correct and complete, please check carefully the data from the confirmation email. If you do not receive the confirmation email, the address provided may not have been correct; please recheck your email address first. We also offer you the possibility to request a retransmission of the confirmation email.

You can also check and, if necessary, correct your account data when you access the account activation link sent by e-mail, in the webpage to which you will be redirected.   

After activating your account, in order to be able to use the ParkPay parking access services, you will need to register at least one car number and the payment data associated with at least one bank card.

You can record in an account multiple car numbers or multiple bank cards associated with the account. If you have registered multiple bank cards in an account, only one can be allocated to a car and set as default at a certain time for payment. The user can change the card activation option directly from the user account.

The payment data of the bank card will be recorded and stored in a secure platform provided by an independent payment processor, partner of the Platform. ParkPay will not have access to the identification data associated with the bank card registered in the user account. Visa and MasterCard cards are accepted for payment.

You may register in the user account the registration number of a car only if you comply with the following obligations:

(i) you are the owner of that car and you are the one who legally uses that vehicle; or

(ii) you are an authorized user of the car and have properly and fully informed the owner or person from whom you have legally obtained the right to use the car that you are going to register the car in the ParkPay Platform and that person has agreed to such registration; or

(iii) if you register in your account a car that you do not use directly (eg of a family member or of an employee), you can make such registration only if you have properly, fully and in advance informed the person using that car that you are about to register the car in your account and about these Terms, and that person has agreed with such registration, and also with the effects it produces as such are detailed in the Terms.

Also, if you have registered a car in your account and then allow another person to use it (even temporarily) without deactivating the car in your account, you have to fully inform the person about the fact that the car is registered with the ParkPay Platform, as well as about these Terms.

When you make the information and take the approvals required above, you must particularly consider that, in the user account, we are sending data about on history of the locations accessed by the cars registered in the account (see details in section 7.3 below).

You bear full responsibility for the data you register in your account, as well as for all activity carried out through your account. You must ensure, to the maximum extent possible, that all data provided in your account is real, correct, complete, updated, legally owned and used by you.

You are required to ensure that all data entered into your account, including name, forename, email, telephone, card, billing data, belong exclusively and in full to you, or, if you are acting for a legal person, that you have the legal right to use the data of that legal person.

You may at any time amend or complete the data in your account in full compliance with the requirements of these Terms. Error correction or updating of user data can be made directly from your user account. In order to identify any errors or the need to update, please check periodically your account data and the data we send to your account and / or e-mail (such as bills issued for parking services). If you cannot update / correct your data by these means, please contact us at contact@parkpay.world.

For details on how we process your data, please read the Data Processing Policy carefully.

7.2. Use of Services

In order to fully benefit from the services offered by the ParkPay Platform, particularly those regarding access and payment, you need to make sure your account is activated and the car and card data are recorded in your account, at least before entering in a car parking of a Partner Supplier.

To access parking services with a car registered in the Platform, you do not need to have your mobile phone, laptop or other device. Such a mobile device is however necessary if you want to benefit of the alternative access way with QR code.

Your ParkPay Platform account allows you to use the access and payment Services for the cars registered in the account, as long as you have not disabled, in the account, the car you are using, or the bank card registered in the account in the Payment Methods section, or your account is not closed.

However, we recommend that, immediately before you access any parking using the Services offered by our Platform, you should check either in the Platform (for the Partner Suppliers) or directly at the parking space, the price of the parking services applicable at the time of access. You must do so for parking areas that use a dynamic price.  

7.3. History of used Services   

In the user’s account in the ParkPay Platform is stored and the user, as an account holder, can view at any time the history of all parking spaces accessed via ParkPay Platform for each car in the account.

This information includes, for each car in the account: the parking space, the day, time of entry, exit time, total cost, payment status.

To ensure the full and correct protection of personal data, consider that WHEN YOU DO NOT USE DIRECTLY (even temporarily) a car registered in your account, YOU HAVE THE OBLIGATION to fully, accurately and in advance inform the actual user of the car regarding the fact that, while the account to which the car is associated is active, the parking history is recorded and can be viewed by you as an account holder. YOU HAVE THE OBLIGATION to ensure that the car's temporary user is aware of, understands and agrees with these Conditions BEFORE accessing a parking space using the services provided by the ParkPay Platform. BY REGISTRATION OF AN ACCOUNT IN THE PARKPAY PLATFORM, YOU DECLARE THAT YOU FULLY AND CONTINUOUSLY COMPLY WITH THESE REQUIREMENTS.

7.4. Closing the account. Suspending the use of parking access and payment services

You may at any time decide to suspend the use of the Services (disabling the cars in your account) or to close your account from the ParkPay Platform.

To close your account, you need to access your user account, then in Account settings, and then in the Privacy settings section. In the final part, you'll find the Close the account box.

In order to close the account it is necessary that (i) the cars registered in the account not to be in parking spaces accessed through ParkPay, and (ii) the unpaid debts for the accessed parking lots to be paid.

If you do not meet these conditions, your account closing request will only be implemented  after you fulfil them. This means that even after you have requested that account closure, is you have cars in parking spaces accessed through us, the exit barrier will still be lifted, you will have the parking time and the related payment calculated and the card will be debited.

In any case, closing your account does not exempt you from paying for parking services accessed through the Platform.

You can suspend the use of access and payment services through ParkPay by disabling that car in your account. However, it is necessary that such car not to be in a parking space accessed through ParkPay and that you do not have unpaid debts generated by that car.

ParkPay may also unilaterally suspend (restrict) at any time the use of access and payment services through ParkPay or the purchase of subscriptions or other services in the Platform when:

(i) payment for a parking service cannot be collected  (for whatever reason, such as, for example, lack of funds, expired card, communication error with the card issuing bank, etc.);

(ii) the bank card registered in the user account is not valid or has expired, is declared lost or stolen;

(iii) there are other reasonable indications of the existence of a fraud or of the fact that the data entered in the account are not correct, complete, updated or legitimately held and used.

The user will receive information in this respect at the email address registered in his/ her ParkPay account. 

8. PAYMENT OF THE PARKING SERVICES ACCESED THROUGH THE PLATFORM

8.1. Types of payments 

The user will have to pay, through the Platform, the parking services accessed through ParkPay, as described below. Installing and using the ParkPay Platform is free to the user.

Paying for parking services accessed through ParkPay can be done:

(i) depending on the actual parking time - this is the standard option;

(ii) on a subscription basis - if the user requests a subscription for one or more parking spaces, subject to the availability of such a product.

A user may benefit from both types of payment, respectively may pay (a) a subscription for certain parking spaces, for certain time intervals depending on their availability and (b) depending on the actual parking time for the parking lots accessed by through ParkPay, other than on a subscription basis and in accordance with the commercial policy of the partner parking space.

ParkPay does not exclude that its Partner Suppliers have other parking facilities, other than those available within the Platform. ParkPay does not undertake to provide all service packages possibly available at Partner Supplier’s level.

8.2. Payment in case of the standard option 

The user will pay the price for the parking services accessed through ParkPay, corresponding to the time spent in that parking space and according to the commercial policy of the parking, for each car registered in the account and active in the Platform.

The commercial policy or time unit (hour, half hour, minute, etc.) depending on which price is calculated may differ from parking to parking, according to their own rules.

Free parking: some Partner Suppliers can offer free parking in full or for a certain amount of time. In the case of free parking, you will not owe any price, as long as you are in the free time unit.

Dynamic price: some Partner Suppliers can opt for a dynamic price depending on the time range, occupancy rate and / or various other own criteria. The price may thus vary during a day. Information on the type of applicable price can be found in the ParkPay Platform, in the details of the parking space in question.

To have a proper information of the costs you undertake by accessing a parking space through the Platform, please check the applicable price, in the ParkPay Platform or directly at the parking space, immediately before accessing that space.

If, in case of parking spaces with dynamic price, after you have accessed a parking space through ParkPay:

(i) the price decreases - the price thus decreased will be taken into account when determining the price due;

(ii) the price increases - the increase in price will not be taken into account when determining the price due (in this case, the calculation will be based on the price applicable at the time you have accessed the parking space).

It is your responsibility to check the applicable  price at the entrance in the parking place, as well as to pay the due price, irrespective whether or not you have made or not such checking, but you have accessed the parking using the ParkPay Platform. We assume no liability if you access the parking without consulting, in advance, the applicable price or current price.

The prices presented within the Platform include VAT (Value Added Tax) at the amount due, as the case may be, at the time you use the parking space, according to the applicable legislation at the level of each country where the parking space is located.

Please keep in mind that the price of parking spaces can be periodically changed by Partner Suppliers. The ParkPay Platform will update the price displayed depending to that Partner Supplier’s option to update the price in the Platform.

The parking price thus calculated is automatically debited from the bank card associated with that car in the user account (active card) after use of the parking, as a rule, immediately after leaving it.

If there are insufficient funds on the card, the payment platform (the payment processor) on which the card is registered will continue to interrogate the card. If payment can not be made, ParkPay will restrict user access to other parking areas via ParkPay or purchase subscriptions or other services in the Platform. Thus, that user will no longer be able to continue to benefit from the services provided by the ParkPay Platform until he/ she has fully paid out all payments due for the parking services accessed or purchased through ParkPay.

The user will receive a notification in this respect at the email address registered in the user account. In case the prices due for the use of parking services through the ParkPay Platform can not be collected by debiting the associated card registered in the account, for whatever reason, the amounts due may be recovered from the user by any other available legal means. In this case, the user will be liable to the Company also for all costs related to the recovery of amounts due and unpaid, as well as any other damage incurred by ParkPay.

8.3. Payment in case of subscription 

Users have the option to purchase subscriptions within the Platform for certain parking spaces, depending on the availability of the Partner Suppliers. Parking spaces that allow for subscription purchases may have this option enabled in the ParkPay Platform.

The subscription can be set on different time periods (month, day, part of the day, etc.) depending on the commercial policy and the specific rules of each Partner Supplier.

If you opt for subscription, the payment must be made in full in advance for the entire duration of the subscription and will be due regardless of whether the reserved period is fully utilized or not. The payment will be made by debiting the card associated with the car with the value displayed in the ParkPay Platform for that type of subscription.

If the user does not use for whatever reason, in whole or in part, the parking space reserved by buying the subscription, the amount related to the paid subscription will not be refunded.

8.4. Bank card data. Security of such data. Activating the bank card.

The payment due will be automatically debited from the bank card recorded in the user account for that car - card associated with the car.

To ensure card data security, the card data is entered by the user in a secured platform to which you will be directed by the ParkPay Platform, operated by the payment processor partner of ParkPay for the country and the currency of that parking space.

The card data entered into the secured platform to which you will be directed is encrypted and can only be accessed by the payment processor. We only receive from the payment processor certain limited data (such as the last four digits of the bank card number) necessary to verify the payment. This data will be displayed in the user account, so you can enable / disable or add bank payment cards for the used card at any time.

For more details on how card data recorded in the secured platform is processed, please see the Data Processing Policy.

When registering the card on the payment processor platform, card validation may, depending on the mode of operation of each payment processor, WITHDRAW FROM CARD 0.10 RON / EUR / USD (depending on the currency payment), the amount of which will IMMEDIATELY be returned to that card. These transactions are done solely for the purposes of card validation and not for payment purposes. By registering a card in your user account you agree with such operations.

You do not need to enter the card details at each payment or authorize each payment separately.

By registering card data within the secured platform, you AUTHORIZE expressly the ParkPay Platform to ask, recurrently, the debiting of the card allocated to the car in the user account for the payment of the due price of the parking services accessed by the car(s) in the user account through our Platform.

You can record multiple cards in your user account. Only one of the cards will, however, be enabled, as the default card for a particular car in your account, to pay for the Services used by that car. You can change the default card at any time, even when you are in a parking space. By activating another card in the list as a default card, all other recorded cards are automatically deactivated. The payment due will be debited from the card at the time the payment is due.

You can always delete one or more of the bank cards registered in your account. However, you must have at least one bank card registered and active in order to use the access and payment of parking services. You can not delete or deactivate all bank cards in your account when one or more cars from your account are in a parking space, or until you have paid all the payments due for the parking services accessed through our Platform by a car(s) registered in the account.   

8.5. Invoicing the Services

The services used may be invoiced by the Company, in its own name or on behalf of the Partner Suppliers, in accordance with the legal provisions in force.

The related invoice will be issued based on the data recorded in the user account and will be sent exclusively in electronic format to the email address registered in the user account immediately after the car leaves a parking space accessed through the ParkPay Platform. By registering the email address, the user agrees with this way of communicating the invoices and with using the registered e-mail for the purpose of transmitting the invoice.

In order to ensure the correct and timely transmission of invoices, the user has the obligation to ensure that the billing data and e-mail data recorded in the account are correct and are periodically reviewed, modified, updated, as the case may be. At the same time, the user has the obligation to periodically check the email address registered in the user account to ensure that the invoices are received on time.

If the invoice is not received at the indicated email address, within 48 hours after the date when registered car has left a parking space and you also cannot identify the invoice in your web user account, the user is kindly asked to announce this by sending a simple email to billing@parkpay.world.

By enabling or disabling the option of receive billing invoices for payments from the Privacy Settings section (from the user account), the User may opt any time to access invoices directly from the user account in the dedicated section without sending it via e-mail. Regardless of whether this option is enabled or disabled, the user undertakes to periodically check the invoices issued for the services used by the cars registered in his/her account. 

9. CONSIDERATIONS ON THE USE OF THE PARKPAY PLATFORM

9.1. Tehnical requirements 

The ParkPay Platform can be accessed from the Application installed on your mobile device or by accessing the user account through the www.parkpay.world Site.

The Application can be installed and used on any type of mobile phone / tablet with Android / iOS operation system. Also, the Application and Site may be installed / accessed / used on any type of computer or laptop.

To fully benefit from the services offered by the Platform, in particular from the navigation service to the desired parking space from the Platform, the device used must have the geolocation service enabled, as well as Internet access (WiFi or Mobile Data option enabled, etc.).

You are solely responsible for the hardware equipment used to install and use the Platform, including for updating them to allow access to the ParkPay Platform. You also have full responsibility for accessing the Internet and paying the related fees. We do not assume any liability for delays or malfunctions caused by the equipment used or by the use of the Internet or electronic communications.

9.2. Intellectual property rights 

The ParkPay Platform, with its entire content, including concept, software components, images, text, services provided through it, and all associated rights are the property of the Company and / or its partners and are protected by copyright and related rights, as well as other intellectual property rights in accordance with any applicable national and international legal provisions.

9.3. The right to use the ParkPay Platform

PARKPAY grants users a non-exclusive, non-transferable, limited and temporary right to use of the ParkPay Platform for the installation, access and use of the Application and / or the Site, solely for the purpose and during the use of the Services offered through the ParkPay Platform and for the access and the use of information and communications transmitted by the Company in connection with the ParkPay Platform and the Services provided through it. You may not sublicense or transfer this license.

By installing, accessing, using the ParkPay Platform, including by creating a user account, you are not entitled to use the concept, trademarks, logos, trade names and, in general, the rights for which you have not expressly obtained the right to use, which belong to and remain in the patrimony of the Company and / or its affiliates, as the case may be.

9.4. Interdictions

Without prejudice to the other obligations set forth in these Terms, you are not permitted:

(i) to intervene or attempt to interfere, directly or indirectly, by any means, with the ParkPay Platform and / or the platforms used by it, including, but not limited to, deleting, modifying, completing, restricting or block the access to all or any part of the contents, computer programs, trademarks, markings, instructions, these Terms, any other policies, conditions or materials contained therein, or other elements protected by copyright or other intellectual property rights, including, but not limited to, by way of reverse engineering, decompiling or disassembling any software program used within the ParkPay Platform;

(ii) to unauthorized access or attempt to access any user account that is not yours, the servers and computer software related to the ParkPay Platform and / or the platforms associated with it, irrespective of purpose or duration;

(iii) to use the content or information in the ParkPay Platform or from the user account other than for the purpose of accessing and using the Services provided by it, for example, to harm the image, market position, to find commercial or personal information or of any other nature, or to harm in any way the Company, the ParkPay Platform, any user or any third person;

(iv) to block or attempt to block, in any way, the operation of the ParkPay Platform and / or the Services offered by it, the systems or the related networks, including access to or exit from the parking spaces of the Partner Suppliers, or the use of the user account or related data;

(v) to reproduce, modify, make derivative works, distribute, license, sell, assign, transfer, rent, publicly communicate / display (including through streaming), transmit, broadcast or otherwise exploit, directly or indirectly, in whole or in part, for any purpose, whether commercial or free, the ParkPay Platform or the related business concept, except as expressly permitted in these Terms.

10. LIABILITY

10.1 Limitation of PARKPAY's liability

The Company makes every reasonable technical and commercial effort to provide the Services at the highest quality level.

The PARKPAY platform is provided in the "as it is" / "as is" format.

THE COMPANY DOES NOT HOWEVER GIVE ANY WARRANTIES OR REPRESENTATIONS, EITHER DIRECTLY OR INDIRECTLY, ON THE AVAILABILITY, QUALITY OR RELIABILITY OF THE PLATFORM PARKPAY OR THE SERVICES PROVIDED THROUGH THE PLATFORM PARKPAY OR ON THAT THE PLATFORM PARKPAY OR SERVICES OFFERED THROUGH IT WILL LACK ANY INTERRUPTION OR ERROR, WHICH MAY CAUSE INCLUDING DELAYS, LOSS OR OTHER DAMAGES.

THE COMPANY ALSO MAKES NO WARRANTIES OR STATEMENTS, NEITHER DIRECTLY OR INDIRECTLY, WITH REGARD TO THE PARKING SERVICES THEMSELVES PROVIDED BY PARTNER SUPPLIERS, INCLUDING ]N RESPECT OF THE AVAILABILITY, QUALITY, SAFETY, RELIABILITY OF THE SERVICES PROVIDED BY THEM.

By using the ParkPay Platform and opening an account in the Platform, you assume full responsibility for the use of the Services provided under these conditions and you agree that the entire risk that may arise from the use of these Services is your sole responsibility, to the fullest extent possible, considering the applicable legislation. This means that, except in cases where the legislation establishes a particular responsibility for the supplier, in all other cases, the risk and liability for the use of the Services is solely to you.

BY UNDERTAKING THESE RISKS, YOU EXPRESSLY WAVE TO THE RIGHT TO OBTAIN THE RELATED DAMAGES.

The Company will not be liable for any indirect damages, future, foreseeable or unpredictable damages, including loss of profits, losses caused by delays or losses of other future benefits and / or moral damages, damages that are caused, derived from or are in relation to (i) the use in any way of the Services and / or the ParkPay Platform, (ii) the fact that the Services could not be accessed or used properly, and you relied on these Services, (iii) any delay in the operation of the Services, (iv) any malfunction in the provision of the Services.

EXCEPT WHERE THE LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY INJURY, LOSS, EXPENSES OR ANY OTHER COSTS WHICH MAY BE CAUSED BY, IN RELATION WITH OR IN CONSEQUENCE OF THE USE OF THE PARKPAY SERVICES AND / OR PLATFORM, IN ANY FORM AND IN ANY QUALITY, WILL BE LIMITED TO A MAXIMUM AMOUNT OF EUR 50 (VALUE DETERMINED BY REFERENCE TO THE AVERAGE HOURLY TARIFF  OF A PARKING SPACE).

FROM CASE TO CASE, FOR THE PURPOSE OF REMOVING AN ABUSIVE OR FRAUDULENT BEHAVIOUR, PARKPAY RESERVES THE RIGHT TO UNILATERALLY USE THE OPTION TO CLOSE/ SUSPEND A USER ACCOUNT OPERATION FOR AN UNDETERMINED PERIOD AS WELL AS TO NOTIFY THE COMPETENT AUTHORITIES.

In any case, only the Company ParkPay may be held liable for any potential damages caused, and in no case any of its associates, directors, employees.

THE LIMITATIONS SET IN THIS SECTION ARE NOT INTENDED TO LIMIT THE LIABILITY OR MODIFY THE CONSUMER RIGHTS THAT CAN NOT BE EXCLUDED UNDER APPLICABLE LAW.

10.2. Your obligation to pay damages

You are liable to indemnify and hold harmless the Company and any of its managers, directors, employees, collaborators, agents in the event of any claims for damages, claims, losses, damages and expenses (including fees for attorneys, experts, consultants, etc.) arising out of or in connection with:

(i) failure to comply with or breach, wholly or partly, directly or indirectly, for any reason, of any of the provisions of these Terms;

(ii) accessing a parking space through the ParkPay Platform, using, without right, data from a the account of an user registered in the ParkPay Platform and / or using, without right, even temporarily, a car registered with the ParkPay Platform;

(iii) allowing a person to use a car registered in the ParkPay Platform without having informed that person that such car is registered in the ParkPay Platform, or about the consequences of such use and on these Terms and Conditions, prior to accessing a parking space by that person;

(iv) any breach of the rights of a third party / other legal entity by you upon registering a user account in the ParkPay Platform or upon using, in any way, the Services provided by the ParkPay Platform;

(v) any violation of the rights of a third party / other legal entity by you or any person using, even on a temporary basis, with or without your knowledge, a car registered by you in the ParkPay Platform;

(vi) any destruction or damage caused, either directly or indirectly, by you or by the vehicle registered by you in the ParkPay Platform, or by anyone using such a vehicle when accessing or leaving a parking space or within the parking space accessed through the ParkPay Platform. 

10.3. ParkPay is not liable for the services supplied by third parties 

ParkPay is not responsible for the provision and the use and operation of the devices and services that are used to provide access to the Services provided by the ParkPay Platform (such as Apple, Android, Microsoft, Internet, etc.), nor for the services provided by any of these.

These devices and services are, as a rule, subject to specific conditions and rules of use, which you should separately acknowledge.

ParkPay is not responsible for the operation of those third party services or products, nor for the consequences that a lack of their proper functioning may have on the Services provided through the ParkPay Platform.

11. PROCEDURE FOR SOLVING COMPLAINTS 

11.1. Any complaints about the operation of the ParkPay Platform, the Services provided, the payments made, etc., shall be transmitted in writing in Romanian or English - in the case of users who have opted for this language, to any of the Company's contact details referred to in Section 12 below.

11.2. In order to be considered, the complaint must include:

- identification data of the petitioner (name, surname)

- contact information of the petitioner (e-mail address, postal address, fax or other contact data). In the case of a user who has an account in the ParkPay Platform, the e-mail address registered in the user account must be indicated. If you send us more contact details, please indicate your preferred contact. Otherwise, we will respond to any of those contact details.

- (in the case of users with an account in the Platform) the registration number for which the complaint is made

- if a particular parking space is involved, indicate the space using the name used in the ParkPay Platform

- the date and, as far as possible, the time at which the claimed event occurred

- the issues that are complained of

- the impact of the claimed event (if any)

- the petitioner's request / suggestion.

11.3. Once a complaint is received, we will review it, and if there is any uncertainty, we will ask the petitioner for additional information at the indicated contact details. In order to be considered, the petitioner must send the information within maximum 5 days.

11.4. To the extent that the complaints comply with the above requirements, they will be resolved, in principle, by submitting a written answer to the contact details indicated in the complaint within a maximum of 30 days from the date of receipt. Depending on the complexity of the request and / or the additional information requested from the petitioner, the 30-day deadline may be exceeded by a maximum of 15 days.

11.5. If a refund is claimed and the claim is found to be grounded, the related sum will be refunded in full to the user's account (on the card from which the amount was withdrawn) within maximum 10 working days of (i) the date on which the complaint was received, if the data provided were complete or from (ii) the date on which all relevant data were provided to us.

11.6. Complaints will not be resolved (will be closed) in the following cases:

- are anonymous, do not contain the claimant's identification data, or contain incomplete data

- do not contain: the applicant's contact details, the registration number of the car involved (in the case of those who have an account in the Platform), the name of the parking space in connection with which the event occurred, the claimed aspects, or such information is presented incompletely such that it is not possible to analyse the complaint

- contain aberrant, impertinent, irrelevant information, aggressive and offensive language

- refers to events that occurred more than 3 years before the date of registration of the complaint, with the exception of those having elements of continuity;

- the complaint is unreadable and / or unintelligible;

- the issues raised are object of disputes deferred to courts.

11.7. If a complaint is closed, the petitioner will be informed (to the extent that the available contact details make this possible) within 15 days of receipt of the complaint.

11.8. If the same person sends us more complaints, referring to the same issue, they will be linked, and we will send a single response that will refer to all complaints received. If, after sending the response, we receive a new complaint from the same petitioner, with the same content, such claim is closed, being noted that an answer was previously given.

12. NOTIFICATIONS. COMMUNICATIONS

12.1. Any notices or communications related to the operation of the ParkPay Platform, the Services, the payments or these Terms will be provided in Romanian or English - in the case of users who have opted for this language, as follows:

To the Company at the following contact details:

Name: ParkPay SRL

E-mail: contact@parkpay.world

Address: Calea Floreasca, Nr. 169 A, Corp A, Floor 4, District 1, 014472 Bucharest, Romania

To the user: to the contact details recorded in the account

12.2. By registering the contact data, the user agrees that the Company will transmit, in this way, any communications on the Services, the operation of the ParkPay Platform, the performance of the contractual relationship.

12.3. Transmission to the Company by fax / mail shall be made with acknowledgment of receipt. Notifications / communications will be considered sent on the date mentioned on the acknowledgment of receipt.

12.4. The notification / communication sent to the user at any of the contact details recorded in the user account (ie. email, home address / billing address) will be considered a notification validly made, without the Company being obliged to send the notifications / communications to all contact data mentioned in the user account. E-mail notification is deemed to have been received at the date of transmission of the e-mail to the correct e-mail address from the user account, and the mail / fax notification is deemed to have been received on the date from the acknowledgment of receipt. It is the responsibility of the user to check periodically whether he/she has received notifications / communications from the Company on the above mentioned contact details. 

12.5. In the event of any modification of the user's contact details, the user will update the data directly into his / her account and any communications / notifications sent by the Company to the contact details recorded in the account on the date of transmission will be deemed valid, capable to produce legal effects (even if contact data has changed in the meantime, but the user has failed to promptly update that data, or the update was made after the date of transmission of the communication / notification). The change in the Company's contact details will be notified by updating these Terms and Conditions and by notifying them in the Platform. Before sending a notification to us please see our contact details in the Terms and Conditions displayed on the Platform.

13. CONSUMER'S RIGHT TO NOTIFY CONSUMER PROTECTION AUTHORITY (ANPC)

13.1. In case you deem that your consumer rights, which originate from Government Emergency Ordinance no. 34/2014 on entering in contracts at distance / off-premises, have been breached, you can address toa:

The National Authority for Consumer Protection (ANPC) having the following contact details:

www.anpc.gov.ro (where an online claim Form is also available)

Address: Bucharest, no. 72 Aviatorilor Boulevard, district 1, postal code 011865

E-mail: cabinet@anpc.ro

14. DURATION OF THE CONTRACT. TERMINATION. RIGHT OF WITHDRAWAL

14.1. Duration. The contract concluded by accepting these Terms is concluded for an indefinite period.

14.2. Termination of the contract. The user may at any time terminate this agreement by closing the account in accordance with the procedure and under the conditions set out in art. 7.4 above. There are no penalties for terminating the contract by the user. 

ParkPay may, at its turn, terminate the contract by closing the account either in case of abusive or fraudulent behaviour of the user or at the request of the competent authorities.

In the event of account closure, the user remains liable to ParkPay for payment of the services used through the Platform, as well as, if applicable, for any damages.

14.3. Right of withdrawal. Under the law, the consumer benefits from a right to withdraw from a distance contract, without having to justify the withdrawal decision and without incurring other costs, as a rule. In the case of service supply contracts (such as the present contract), the withdrawal period expires within 14 days as of the date of conclusion of the contract.

Therefore, ParkPay users (individuals) have the right to withdraw from this contract, without specifying the reasons, within 14 days from the day of the conclusion of the contract, respectively from the date when they opened the user account.

In order to exercise your right of withdrawal, you must inform us at our contact data detailed under art. 12 above regarding your decision to withdraw from this contract using an unambiguous statement, such as a letter sent by post or email.

For this purpose, you can use the attached model – WITHDRAWAL FORM. However, its use is not mandatory.

In order to comply with the withdrawal deadline, it is sufficient to send the notice on the exercise of the right of withdrawal before the expiry of the withdrawal period.

Please note that in the case of postal delivery, your communication may be received by us at a certain period of time after the date you made the communication.

If you requested the commencement of supply of Services during the withdrawal period, you owe us, according to the law, an amount proportional to the services provided until you have communicated to us the exercise of the right of withdrawal from this contract, by reference to the total contract coverage.

ParkPay informs users that, beyond the right of withdrawal, users may at any time close their account or suspend the use of the Services, by temporarily disabling the cars registered in the account (according to the procedure and under the conditions set out in article 7.4 above) without additional costs for the user.

15. ASSIGNMENT

The user may not assign or transfer the contract set by these Terms, his / her rights or obligations arising therefrom, or his/her user account.

The Company may, without the prior consent of the user, assign, transfer or transmit in any other manner permitted by law, the contract set forth in these Terms or any of its rights and / or obligations set forth in these Conditions, either wholly or in part,  to any person/ entity at its own choice (affiliate, purchaser, successor, independent entity, etc.) as a result of operations such as sale, merger, split, transfer, reorganization, succession or other operations involving the transfer of shares and / or activity. Such an assignment / transfer will be notified to the user only to the extent required by law, in which case the notifications will be transmitted using any of the contact data recorded in the user account.

The user agrees that, in this case, his/her user account will be operated by the new entity, which imply that the personal data recorded in the user’s account may be accessed and processed by the new entity.

16. LACK OF VALIDITY OF THE CLAUSES

If any provision of these Terms is declared, in whole or in part, to be unlawful, not valid, or unenforceable and to the extent that such clause is thereby affected, it shall be deemed that such provision or part thereof has not been included in these Terms, but without prejudice to the effect of the other provisions of these Conditions. In such a case, the affected clauses / parts shall be replaced by legal, valid and enforceable provisions, having an effect as closely as possible to the effects envisaged by the affected clauses / portions. Until such replacement, the affected clauses / portions shall be replaced by applicable legal provisions, to the extent that they exist. 

17. APPLICABLE LEGISLATION. JURISDICTION

These Terms and Conditions shall be interpreted and governed by the applicable Romanian law, and any disputes, controversies, litigations arising out of or in connection with the Services and / or the validity, interpretation, enforcement of these Terms shall be settled by the competent Romanian courts in Bucharest.

18. CONTRACTUAL LANGUAGE

These Terms, the Data Processing Policy, Site Policies, as well as the data and information in the user account are made available to users in multiple languages, and the user can select their preferred language. In case of inconsistency between the selected version and the Romanian language version, the version in Romanian language will prevail.

19. REVISION OF THE TERMS

Please be aware that these Terms may be changed, updated or revised periodically by the Company unilaterally. We will notify you on this either by popping up a notice in the ParkPay Platform, either by e-mail or both.

The amended Terms will apply to you from the date we publish the notice.

Continuing to access and use of the Services, respectively continuing to access and use the Platform after that publication constitutes your agreement to comply with the amended Terms and Conditions.

If you do not agree with the changes, you may close your account, or you may not access or use the ParkPay Platform.

Due to ParkPay's specificity, you can access the parking services offered by Partner Suppliers without having to access every time the ParkPay Platform or the mobile phone. It is thus possible that, although we have posted a notice about changing the Terms, you did not access the ParkPay Platform or did not check the email.

In order to ensure that you are aware of the periodic changes that may be made to these Terms, we inform you that you have the obligation to periodically check the Terms applicable to Services before using the Services offered through the ParkPay Platform, respectively before accessing parking services through the ParkPay Platform. 

20. ADDITIONAL CONDITIONS 

For certain services that may be offered via the ParkPay Platform, additional specific conditions may apply, in which case the users will be specifically informed. In this case, users will have to accept separately those additional terms in order to benefit from those Services. Unless expressly stated otherwise, those additional terms will supplement these Terms and, unless contrary provided, the additional terms will prevail over these Terms.

21. UNUSUAL CLAUSES –  EXPRESS ACCEPTANCE

By accepting these Terms and Conditions, YOU EXPRESSLY ACCEPT the clauses in this document that provide for limiting our liability (article 10), our right to suspend / restrict the use of the services by the user (articles 7.4 and 8.2), applicable law and jurisdiction (Article 17)​.

22. ACCESSING THE TERMS AND CONDITIONS

You may access these Terms and Conditions, as well as the Data Processing Policy, either through the www.parkpay.world website or in the user account, in the Information section.

ParkPay stores, for each user who has created an account in the Platform, the version of the Terms that he / she has agreed upon setting up the account, the Data Processing Policy, and, as the case may be, their subsequent up-to-date versions thereof.

If you would like any information regarding these Terms, please write us to contact@parkpay.world.

 

Terms & Conditions ParkPay, 01/04/2021