Parkamo Terms and Conditions

effective as of 2017-06-30

/Parkamo Terms and Conditions
Parkamo Terms and Conditions 2020-08-17T11:02:06+00:00

The following terms and conditions govern the relationship between you and us. By opening an account with us (the ‘Account’), you agree to be bound by the terms and conditions contained in these Terms and Conditions, including our Terms and Privacy Statement, which govern your use of the Account. Please read these Terms and Conditions carefully and keep it for future reference. If you have any questions about the information below, please contact our Customer Service. The terms ‘we’, ‘us’, and ‘our’ refers to Parkamo (‘Parkamo’). The term “Website refers to our website (parkamo.com), as amended from time to time. The term ‘Services’ refers to our parking payment system for on-street and garage parking areas and the related products and Services or any other products and services that we may offer from time to time (collectively, the ‘Services’) provided pursuant to these terms and conditions (‘Terms and Conditions’). The terms ‘you’ and ‘yours’ refer to the individual or company registering for or using the Services offered by us. The terms ‘Related Body Corporate’ ‘Subsidiaries’ and ‘Associate’ have the same meaning as given to those terms in the Corporations Act.

1. Scope of Terms and Conditions

1.1 These Terms and Conditions apply to your use of all of the Websites and Services owned or operated or offered by us, and any other Websites and Services that we may own, operate or offer in the future, including any website or services that we may license from others. Unless otherwise stated, all references to the Website and Services in these Terms and Conditions include all such Websites and Services.

1.2 Parkamo agrees to provide the Services that you register for. You agree to perform the obligations set forth in these Terms and Conditions that are required to enable us to deliver the Services.

1.3 The contents of our user interfaces are protected by national and international copyright and trademark laws and are the property of Parkamo and/or its licensor(s) and/or its related body corporates. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Website or Services.

1.4 We hereby grant you a non-exclusive, non-transferable, limited right to access and use the Website and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Website or Services in any way. We reserve the right to restrict your access to part or all of the Website (including any password protected areas) and Services at any time without notice or liability.

1.5 We attempt to be as accurate as possible when describing our Services. However, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered by us is not as described, your sole remedy is to cancel the Account.

2. Opening an Account

2.1 You can open an Account with us in any way that may be offered by us from time to time, including but not limited to on our Smartphone App, on our Website, by contacting our customer service, by us contacting you or by filling in a form (the ‘registration channels’).

2.2 To open an Account, you must provide us information that is required on the registration channels. We reserve the right to modify the required information at any time. Failure to provide us with the required information may prevent you from opening the Account.

2.3 When creating an account Parkamo is granted a Power of Attorney to connect to and interact with external parking operators on behalf of the user. This is clearly stated for the users in the process for connecting such accounts.

2.4 Parkamo collects information about parkings and prices through the user’s own interaction with Parkamo’s Smartphone App. You agree to give Parkamo the unlimited right to collect, store and use this information at Parkamos own discretion for all time.

3. Account Information

You may change your Account profile at any time. You agree to provide us with your valid registration information, including, without limitation, your contact information. You may not impersonate or misrepresent your identity to us. It is your responsibility to review and revise your Account information so that it is accurate and current at all times. You further agree to comply with all state or local restrictions that may be applicable to your registration with us. We reserve the right to terminate your Account if it contains any untruthful information. You are solely responsible for use of your Account and you agree to notify us immediately in the event of an unauthorized use.

4. Payment for Parking:

4.1 You can use the Services to pay for parking by different methods, some or all of which can stop being supported by us at any time.

4.2 The parking session is terminated either by reaching the desired time or the limited legal parking time in the area, or may be terminated by you.

4.3 Parkamo’s Services can only be used in parking lots, areas and zones listed in the Parkamo Smartphone App from time to time and/or lots, areas and zones that are equipped with Parkamo’s signage.

4.4 You acknowledge that use of the Services does not guarantee you a parking space. You should start a parking session only after you have found an available parking space.

5. Verification of Parking Transaction:

The status of your parking transactions will be available in real-time on your Parkamo Account accessed by the Smartphone App. At its sole discretion, Parkamo may offer verification messages service by SMS, Smartphone App messages or other methods of messages. Such service, if provided, may incur additional fees.

6. Parking Receipts:

Based on the product package selected by you, Parkamo may provide you with parking receipts via email and/or SMS and/or when a parking is ended.

7. Managing your Account:

7.1 You can use your Account to view your Account information, parking history and to change details on our Smartphone App or by calling our customer service.

7.2 You can access and print a periodic statement of the account at any time. Parkamo stores your parking data for a minimum of 3 months.

7.3 Our customer service will not print or send by mail information that is accessible by you on the Website or Smartphone App.

7.4 You acknowledge that your Account is not a credit account and is not protected by laws covering credit accounts.

8. Responsibility for Personal Password

The username and password is used to login and access the Smartphone App. You agree not to disclose the password to anyone, not to write passwords down so that outsiders can understand what they are used for and not to keep note of the password so that others can access the Account. You shall immediately report to the Parkamo’s customer service if there is reason to assume that someone else has obtained access to your Account or knowledge of the password.

9. Unauthorized Use of Service

9.1 You are responsible for all use of the Account and Service.

9.2 You must contact us immediately if you believe that your Account has been used by an unauthorized person.

9.3 If you believe that your phone has been stolen or that someone has transferred or may improperly charge the account without your permission, you must contact the customer service. If you fail to notify us promptly and you are negligent or fraudulent in the handling of the account, you could incur additional charges.

9.4 If your phone or credit card has been reported lost or stolen, we may close the account to keep both your losses and our losses down.

10. Fees

10.1 Parkamo charges you for the parking fees and service fees as may be applicable from time to time. Parkamo charges the fees to your credit card, debit card, or by any other method of payment that may be accepted by us from time to time.

10.2 You authorise us, until further notice, to charge your account for extra charges you incur that are in excess of your package as and when these charges become due.

10.3 Parkamo is not a parking operator. We collect the parking fees from you on behalf of parking operators and transfer the parking fees (less the money retained by Parkamo for the Services) to the parking operators.

10.4 Parking fees can be changed by the parking operators at any time. Modifications to parking fees are beyond our control. We are not responsible for any fee increases.

10.5. Parkamo includes parkings from external parking operators where the transaction is done through the operators’ systems and all payments are made and handled by the operator and not Parkamo. In these cases Parkamo acts solely as a “remote control” on behalf of the users account at the respective parking operator.

11. Parkamo’s Products Packages and Service Fees

11.1 Parkamo Services includes a variety of product packages that may include different features offered at different prices. For a description of each package and price, please visit our Website. Some functionality mentioned in these terms and conditions may only apply to certain product packages.

11.2 For the use of our Services and the Account, we may charge you with Service Fees, which are in addition to the parking fees charged by the parking operators.

11.3 Parkamo’s pricing may include, but is not limited to: parking transactions fees, notification fees and others.

11.4 Parkamo reserves the right to change its prices at any time. Any such change will be announced at least 15 days before affecting existing users.

11.5 Parkamo reserves the right to offer promotional benefits to some or all of new users, or to some or all of existing users, including or excluding you.

12. Reminders

You acknowledge and agree that the reception of SMS messages, messages generated by the Smartphone App, and emails (together ‘reminders’) is not guaranteed and that you are responsible for the activation and deactivation of a parking transaction on time. You further acknowledge and agree that the reception of reminders is dependent on the operation of your mobile phone, your mobile phone service provider and/or your internet service provider. Parkamo shall have no responsibility or liability for the damages and costs incurred by you as a result of you not receiving a reminder on time or by the insufficient operation of your mobile phone, mobile phone service provider and/or internet service provider.

13. Complaints Resolution, Investigation of an Parkamo Transaction and Refunds:

13.1 If you wish to complain about a fee or a parking transaction, you must notify Parkamo no later than 5 weekdays after the transaction in question has been made available to you. The notice must clearly state your personal information, the nature of the error and the amount in dispute. You agree to pay, when due, any undisputed portion of the transaction in dispute. If this is not done, you lose the right to dispute this transaction.

13.2 If you complain in accordance with clause 13.1, Parkamo may conduct an investigation. Complaints related to incorrect parking fees are handled by the parking authority, which have the final decision. If the investigation prolongs, we will update you by email or phone on the status and projected time for resolution.

13.3 If and when a complaint is found to be valid, Parkamo shall without delay and on behalf of the parking authority, compensate you with the amount in dispute. You agree to accept credits to the credit card which are available on your Account at the time of the decision. We will not provide cash refunds.

13.4 If the complaint is rejected, Parkamo shall inform you by email and/or phone about the investigation result and the reasons for the decision.

14. Suspension or Cancellation of your Account by you:

14.1 You may cancel the Account at any time by contacting our customer service. The cancellation will take effect at the end of the current billing period for your package and only after the settlement of any outstanding fees on your Account. Your termination of these Terms and Conditions will not affect any of our rights or your obligations arising under these Terms and Conditions prior to termination.
By us:

14.2 Parkamo reserves the right to immediately suspend your Account and/or terminate these Terms and Conditions and cancel your Account at any time at its sole discretion for any reason, including, without limitation, your failure to pay for the Services pursuant to these Terms and Conditions or if you engage in fraudulent activity in connection with this website or to have otherwise violated these Terms and Conditions.

14.3 It is your responsibility to cancel the Account if the Service is not supposed to be used; if the vehicle registered in your Account is not in use by you (temporarily or permanently), if the vehicle is no longer owned by you or any reason that may cause the use of the Account or Service by others. Parkamo has no responsibility to check if registered vehicle(s) or phone number(s) are used by permitted persons with regard to your Account.

14.4 After the Agreement has been terminated, these Terms and Conditions shall continue to apply as long as the dealing between the parties is not definitively settled.

14.5 The Account remains our property.

15. Your Obligations and Commitments

15.1 If you fail to comply with these Terms and Conditions, you may be issued with a parking ticket, penalty fee or have your vehicle impounded by the appropriate authorities for parking without paying the parking fee.

15.2 You must enter a valid area code and select the vehicle to park and set up your desired parking time, and/or to follow the instructions on our Smartphone App or Website. It is your responsibility to locate and enter the correct area code for the specific parking area. Parkamo disclaims all liability related to input errors as such.

15.3 It is your responsibility to ensure that the parking transaction has started correctly. To be sure that the parking transaction has been started, you should check the status screen of the Smartphone App.

15.4 It is your responsibility to start a parking transaction with the correct vehicle’s license plate registration number.

15.5 You accept that Parkamo charges for your parking transactions include the fees for the parking transactions, including applicable taxes and service charges. The final parking price is calculated once the parking transaction has ended and is based on the parking operator’s prices policy for that specific parking area. When the price for the parking session is fixed and not time dependent, we may charge instantly.

15.6 All notices and signs or directions made by relevant parking authorities/operators, whether public or commercial entity, shall take precedence over any information that you receive from us. The parking operators parking regulations apply to you and your use of the Services does not exempt you from following their rules.

15.7 You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification by mobile phone or internet that the vehicle is validly parked. It is your responsibility to stop a parking transaction (if allowed by the package) at the end of the parking transaction (i.e. before you leave the parking facility).

15.8 In the event that the Services are unavailable (partially or completely), or that your mobile phone service is unavailable (partially or completely), you must pay the appropriate parking fee that is due by paying on the premises (e.g. by buying a printed parking ticket from the appropriate dispensing machine) or you must not park at the relevant car park.

15.9 You shall indemnify Parkamo and hold Parkamo harmless against all conflicts between you and a parking authority, credit card company or mobile phone operator, including but not limited to disputes in relation to parking fines or notices of breach of contract. The resolution of such disputes is your responsibility. Parkamo shall remain neutral in these disputes and may in its discretion provide assistance to both parties.

15.10 You are responsible for all fees associated with the use of your mobile phone including but not limited to fees charged by your mobile phone operator.

15.11 It is your responsibility that the registered debit or credit card is valid, has sufficient balance, and is not blocked or expired. It is your responsibility to submit new credit or debit card information at least 1 month before the card expires. An honour fee may be assessed if an attempt to charge your Account is rejected for insufficient funds on your credit card, for cancellation of your credit card or otherwise.

15.12 In the event of late payment, Parkamo reserves the right to charge you a penalty interest rate, as well as a statutory reminder fee and, where applicable, collection fee. Parkamo reserves the right to transfer the claims for unpaid parking fees to third parties. Parkamo reserves the right to immediately suspend or close your Account if you do not pay in time, and you will be subject to additional administration costs and fees in order to reestablish the Account.

15.13 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorisation, or interfere with the Website and any products or services offered on the Website; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.

16. Changes in the Service or the Terms and Conditions

Parkamo possesses the right to change these Terms and Conditions. You will be informed of any change to these Terms and Conditions on our Website or by Email 5 days before any such change takes effect. However, if the change is made for security purposes, we may implement such change without prior notice. You should check these Terms and Conditions periodically for changes. By using the Account or our Services after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them.

17. Business Days and Hours

Our business days are weekdays excluding holidays. Our business hours are 9-17h CET.

18. Disclosure of Account Information to Third Parties

18.1 From time to time, subject to any applicable privacy laws or other laws or regulations, we may provide information about you and the Account:

 

  • To parking operators we have relationships with.
  • In response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance.
  • In connection with collection of indebtedness or to report losses incurred by us.
  • In compliance with any agreement between us and a professional, regulatory or disciplinary body.
  • In connection with potential sales of business to parking companies and others.
  • To carefully selected service providers who help us meet your needs by providing or offering our Services (‘Network of Providers’).
  • To our Related Body Corporates and Licensor(s).

 

18.2 You may tell us that you prefer that we not share this information with our Network of Providers by sending your written request to our Customer Service within 5 days from the initiation of the Account. The request must include your personal information (name, contact email).

19. Credit or Information Inquiries

You authorize us to make such credit, employment and investigative inquiries as we deem appropriate in connection with the issuance and use of the Account. We can furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.

20. Limitation of Liability

20.1 Parkamo is not liable to any damage or loss if:

 

  • a Parking Authority does not accept Parkamo as mean of payment;
  • a technical feature to note what is to be paid to a parking Authority is out of service;
  • a GSM/Mobile-Phone-Network or related operations has not worked,
  • a GSM/Mobile-Phone phone operator has modified the phone service so that a payment via Parkamo is not possible,
  • The Service has been suspended for reasons that are proven false, but that Parkamo at the time of suspension had reason to believe was reason for the action;
  • You have entered the wrong area code or vehicle registration number when starting a parking; or
  • Such damage or loss is beyond our control.

 

20.2 Parkamo assume no responsibility for your compliance with laws, regulations or rules stipulated from time to time by the parking operators.

20.3 Parkamo is not responsible for damage or loss caused by legal enactment, governmental action, war, sabotage, failure or delay in supply, telephone connection or other communications and transportation, strike, boycott or any other circumstance beyond Parkamo’s control.

20.4 Damage or loss which may occur in other cases shall not be reimbursed by Parkamo. Parkamo is not, under any circumstances, responsible for consequential loss or any indirect damages such as lost earnings or damage to the relationship between you and third parties.

22. Disclaimer of Warranties and Limitation of Liability

22.1 The Services subject to this Agreement are provided on ‘as is’ and ‘as available’ basis. Parkamo makes no representations or warranties of any kind, express or implied, as to the operation of this service or the information, content, materials, or products included on this website. You expressly agree that your use of our Website and our Services is at your sole risk.

22.2 To the fullest extent permitted by applicable law, Parkamo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website, our servers, or our emails are free of viruses or other harmful components. Parkamo will not be liable for any damages of any kind arising from your use of Parkamo’s Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

22.3 Parkamo does not own, control or operate parking services. Accordingly, Parkamo does not warrant anything with respect to such facilities. Parkamo will not be liable for any damages of any kind arising from or related to any parking operator or its operation and services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

22.4 Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

22.5 Neither Parkamo nor its Associates, Related Body Corporates, officers, directors, employees, shareholders, agents, or representatives shall be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these terms and conditions, including, but not limited to, damages or costs resulting from the use of or inability to use the Services, even if Parkamo has been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. Parkamo’s total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) shall in no event exceed an amount equal to the total amount paid as service fees purchased by you hereunder.

22.6 Parkamo is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by Parkamo.

23. Indemnification

Without limiting any of the other rights of Parkamo under these Terms and Conditions, you agree to indemnify, defend and hold us, our subsidiaries and each of our respective Related Body Corporates, Associates, officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) our provision of any information from you which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or wilful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or services on this website; and (vi) your use of this Website or the products or Services of Parkamo or any third party.

24. Use of Mobile Phones While Driving Can be Dangerous

Please note that operating a mobile phone or any other device while driving can be dangerous and we advise you not to use this Service while operating a vehicle. You agree to indemnify and hold Parkamo harmless from any or all liability whatsoever for any harm, loss or injury related to use of this Service or the account while operating any kind of vehicle.

25. Miscellaneous

If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions

26. Governing law, jurisdiction and venue

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the country the Smartphone App is used in, without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts of the country, and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the country.

27. Other Terms

27.1 The Account and your obligations under these Terms and Conditions may not be assigned except to an authorized user who is an approved enrollee in the program. We may transfer our rights under this Agreement at any time.

27.2 Use of the Account is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.

27.3 We do not give up our rights by delaying or failing to exercise them at anytime.

27.4 If any term of these Terms and Conditions is found by a court to be illegal or not enforceable, all other terms will still be in effect.

27.5 If we take legal action against you because of default in the terms of these Terms and Conditions, you must pay our reasonable legal fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.

27.6 We intend for this Website and Services to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. In order to use the Service and Website, a user must be of the legal age to drive a vehicle. Individuals below this are considered minors and should not use this Website and Services. If you do not qualify, you are not permitted to use this Website or order or use the Services and you do not have our consent to do so. Parkamo is not responsible for checking a user’s age.

27.7 The Website, Smartphone App, signage and other media channels we may use from time to time may contain links, pointers and references to other sites on the Internet that may be maintained by third parties. Such links are not controlled by us and do not constitute an endorsement by Parkamo or its Related Body Corporates or Associates or Licensor(s). Parkamo and its Related Body Corporates and Licensor(s) do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or Services accessible from such third-party sites. Once you leave our Website and go to another site, be aware that those sites may have terms and conditions that differ from the provisions provided herein. We recommend that you review the privacy policy and terms and conditions of those sites prior to use. We are not responsible for, and expressly disclaim any and all liability related to actions of such linked sites, their terms and conditions or the content of such sites.

28.Trademarks

Parkamo and other marks indicated on our website, Smartphone App, signage, or any other media, are registered trademarks of Parkamo or its Related Body Corporates or Licensor(s). Other Parkamo graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company. Parkamo’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

29. Interpretation

In these Terms and Conditions unless inconsistent with the context or subject matter:

29.1 A reference to a person includes any other legal entity;

29.2 A reference to a legal entity includes a person;

29.3 Words importing the singular number include the plural number;

29.4 Words importing the plural number include the singular number;

29.5 The masculine gender must be read as also importing the feminine or neuter gender;

29.6 A reference to a party includes the party’s heirs, executors, successors and permitted assigns;

29.7 Clause headings are for reference purposes only and must not be used in interpretation;

29.8 Where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

29.9 References to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes email and fax;

29.10 Each of the words ‘includes’ and ‘including’ when introducing an item or list of items does not limit the meaning of the words to which the item or the list relates to those items or to items of a similar kind.