1. General
1.1 These General Terms & Conditions (referred to as "General Conditions") govern Your use of the service You registered and in conjunction with any other specific terms and conditions relate to the services provided by Parkmobile North America Inc ("Parkmobile"). In these General Conditions You of the services shall be referred to as "You", "Your" or the "User" (as appropriate) who will be either: (i) a private individual, or (ii) a company or business, which makes use of the Parkmobile vehicle parking payment system. Parkmobile is the provider of a parking payment system for on-street and garage parking areas (the "Services").
1.2 These General Conditions are legally binding on You if You register for the Services. You as a potential user of the Services must agree to them prior to being accepted as a User. If You do not agree to accept and be bound by these General Terms & Conditions please cancel Your membership
1.3 Parkmobile reserves the right to make changes to these General Conditions, which are published on the website and are available to be viewed from the website. If any provision of these General Conditions is null and void or is overturned, the other provisions of these General Conditions shall continue to remain in force. The User is not permitted to transfer its rights and/or obligations arising from the Services and these General Conditions to third parties, without Parkmobile's prior consent in writing.
2. Using the Parkmobile services
2.1 You are responsible for providing Parkmobile with the correct information about You when You register Your information, such as Your: name, address, place of residence, license plate number, mobile telephone number, business details (if relevant) and method of payment details. You must inform Parkmobile of any changes to this information in writing and Parkmobile will update Your information in its system.
2.3 You are responsible for keeping Your password secret so that only You can access Your personal pages which will be available on the Parkmobile website.
2.4 You authorise Parkmobile to undertake the automatic collection of the parking fees from You. This authorisation is confirmed by You completing the registration form online, by mail or by someone completing the registration form on Your behalf by phone.
2.5 You must notify Parkmobile by using Your mobile phone to activate the system when You park Your vehicle in the designated parking space, by telephoning the number notified to You and following the instructions (mobile telephone number recognition must be enabled) given to You. The rate for this call is dependant on Your mobile telephone service provider.
2.6 You are responsible for correctly entering the relevant parking zone number which is indicated on the parking machines or signs nearest to the relevant parking space. The parking zone number informs the Parkmobile system of the rate to charge You for Your parking and of any time restrictions on the amount of time You are permitted to park Your vehicle in that zone.
2.7 You are not guaranteed a parking space on the basis of registering to use the Services. In order to correctly activate the system when You have parked You must follow the instructions given to You via Your mobile telephone. All notices and signs or directions made by relevant councils, traffic wardens or authorised persons (e.g. the suspension of a parking space) will take precedence over any information that You receive via the Parkmobile system.
2.8 You can only assume that the beginning or end of Your parking transaction has been validly accepted by the Parkmobile system when You have received a confirmation of this via Your mobile telephone. You are responsible for ensuring that You have properly activated the system for the relevant parking zone before You leave Your vehicle unattended. Any penalty charge notice issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked is at Your risk. It is Your responsibility not to forget to notify the system at the end of the parking transaction. You can make use of a reminder service via SMS (text messages), by selecting this option on Your "Personal Pages" which are available via this website.
2.9 In the unlikely event of the Parkmobile parking system being unavailable, You must pay the appropriate parking fee that is due by using another way (e.g. by buying a printed parking ticket from the appropriate dispensing machine). To notify the system of the end of a parking transaction in the situation where the system is unavailable You can telephone Parkmobile's Helpdesk. Notification of the end of a parking transaction can also be made via the User's Personal Pages. You will be charged the relevant parking fees for the amount of time that Your vehicle was parked in the charging zone and the system remained activated.
2.10 If You no longer want to use the Services You need to send Parkmobile a written request by You to cancel Your monthly subscription. Our addres: Parkmobile North America, Inc. 2060 Mount Paran Road, NW,Suite 207, Atlanta, GA 30327
2.11 Parkmobile reserves the right to terminate or refuse to provide You with the Services for a valid reason, including but not limited to if You fail to pay Your parking fees. If You do not comply with these General Conditions You will be deemed to be parking without having validly paid Your parking fee and may therefore be issued with a penalty charge notice or have Your vehicle impounded by the appropriate authorities.
2.12 Parkmobile is not responsible for the issuance of penalty charge notices and the enforcement of vehicle parking related offences. Any issues You have regarding the issuance of a penalty charge notices or Your vehicle being impounded need to be resolved by You with the relevant authorities. Your personal pages available on this website will provide You with a breakdown of Your parking related activity using the Parkmobile system.
2.13 If You authorise Parkmobile to contact the relevant authorities on your behalf regarding the issuance of a penalty charge notices, Parkmobile may pass Your personal details or some of Your personal details to the relevant authorities.
3. Fees and Deduction of Payments for Parking
3.1 You agree to pay Parkmobile the registration fee notified to You on registration.
3.2 Parkmobile shall collect the sums for Your registration, monthly subscription, parking fees, sending SMS text messages (if You have selected this option) and any other services made available on this website which You request Parkmobile to provide You with from time to time in one of the following ways, dependent on the method selected by You at the time of registration:
• Once a month, or once every two weeks, (as indicated to You when You
register and in the confirmation letter), by means of Direct Debit from the
account for which You have authorised Parkmobile to collect payment.
• By credit card once ever week.
• By debit card once every month.
• Instantly from the User's Prepay account.
3.3 A history of Your parking transactions, indicating the parking locations, times and costs, and SMS messages received, is accessible by You from Your personal pages on the Parkmobile website. In addition, for Users paying by Direct Debit, their monthly/biweekly invoice will be accessible from their personal pages for a minimum of 10 days before the money is debited from the relevant bank account. If You require a printed invoice, You must print this from Your personal pages on the website. Alternatively, if You wish to receive an invoice by post, You will incur an additional charge for this service ($3 excluding Tax per invoice).
3.4 If You choose to pay by Direct Debit, You must have a sufficient balance in Your bank account, so that Parkmobile can collect the sums You have incurred for parking at the relevant times (such sums to be collected once a month or once every two weeks). Direct Debit payment is covered by the Direct Debit Guarantee as indicated at the time of registration.
3.5 If paying by credit or debit card, You must have sufficient credit on the card account to pay the fees due at the time Parkmobile requests the payment from the credit or debit card company.
3.6 If You have selected to pay by a Prepay account You must ensure sufficient funds remain within the account. Failure to do so may result in a parking transaction activation being refused or prematurely cancelled.
3.7 Parkmobile accepts no responsibility for Penalty Charge Notices being issued, or other parking enforcement actions being implemented, if You have failed to ensure that sufficient funds are available to cover Your parking fees.
3.8 If You do not pay Your parking fees (for example, due to an insufficient balance on the bank account), Your access to the service will be blocked in the parking system and You will be charged the additional administration costs for this. Parkmobile reserves the right to transfer the claims for unpaid parking fees to the relevant authorities.
3.9 You give authorisation to Parkmobile North America, Inc, until further notice to charge your account for unspecified amounts as and when payments become due. You will advise Parkmobile North America, Inc immediately if your account information becomes lost, stolen or if you wish to close your account or cancel the authority. You understand that details of the payments due will be available to you on the Parking History screens of your Parkmobile Personal Pages.
3.10 You acknowledge that Parkmobile makes no charge for all calls (mobile/landline), Call charges may vary subject to telephone service providers and type of contract.
4. Liability
4.1 Parkmobile is not responsible for any loss or damage that You may suffer as a result of You not using the Parkmobile system correctly or if You fail to comply with these general terms or any other instructions given to You via Your mobile telephone.
4.2 You acknowledge that the ability to notify the start and end of Your parking by mobile telephone, as well as the possibility of receiving SMS/text messages with information relating to Your parking action, depends on the operation of the mobile telephone network, and the availability of service of the mobile telephone companies concerned. Parkmobile cannot be held liable for any loss or damage arising from the inadequate operation or unavailability of a network or telephone company or if You fail to receive a sums message (in time).
4.3 Parkmobile does not exclude or limit its liability for death or personal injury caused as a result of its negligence or for fraudulent misrepresentation of the other text necessaryForce Majeure. Parkmobile shall not be liable to You if the performance of its obligations under this agreement is prevented or hindered due to any circumstances outside of its reasonable control.
5. Applicable law and regulations and council policy
5.1 The council or car park owner's parking regulations will apply to all the Users of the Parkmobile system who park in the Parkmobile designated areas of the council or car park concerned.
5.2 Parking rates can be changed by the councils or car park owner. This is a matter for which Parkmobile cannot control and therefore will not be responsible for these fee increases.
5.3 Parkmobile complies with the requirements new text. Please see our privacy policy for details of how Your personal data will be processed.
6. SMS
6.1 You will set up an SMS/text reminder, via their Personal Pages or at registration, by choosing their preferred time period(s). This profile can be set up per license plate?. The setups of the profile, as well as the changes made by You, are logged by Parkmobile North America, Inc.
6.2 You acknowledges that the reception of SMS/text messages is not 100% guaranteed and that You are responsible for the (de)-activation of a parking action on time.
6.3 You acknowledge that the reception of SMS messages is dependent on: the operation of his or her mobile phone provider to which his or her mobile phone is connected, and the service of the mobile phone company to which he or she has an account or prepaid card.
6.4 Parkmobile North America, Inc takes no responsibility for the damages/costs incurred by not receiving an SMS/text message on time or by the insufficient operation of the mobile network or mobile phone company.
6.5 The costs of the SMS/text messages will be invoiced in accordance with the payment method selected.
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7. Credit Card & Debit Card Payment
7.1 You authorise Parkmobile North America, Inc, until further notice to charge Your account for unspecified amounts as and when payments become due. You will advise Parkmobile North America, Inc immediately if the access to Your account becomes lost, stolen of if You wish to close Your account or cancel the authority. You understand that details of the payments will be available to You on the Parking History screens of Your Parkmobile Personal Pages.
8. Applicable law
This agreement will be governed by and construed in accordance with the laws of the United States of America.