Nothing in these Terms is intended to affect your rights under the law in your usual place of residence. If there is a conflict between those rights and these Terms, your rights under applicable local law will prevail.
2. Contract between You and Us
This is a contract between you (as an individual) and Parking Telecom EMEA SAS (“we”, “us” or “PT”). PT is a company organized under the laws of France, with its registered office at 74, Voie Magellan, Parc d’Activité Alpespace, 73800 Sainte-Hélène-du-Lac, France, registered in the Trade Register under No 821 660 800 R.C.S. Chambery, represented by its president and general directors.
You must read and agree to these Terms before using the PT Services. If you do not agree, you may not use the PT Services.
These Terms describe the limited basis on which the PT Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some PT Services, such as rules for a particular service or other activity, or terms that may accompany certain content or software accessible through the PT Services. Supplemental terms and conditions will be disclosed to you in connection with such service or activity. Any supplemental terms and conditions are in addition to these Terms and will be deemed part of it.
We may amend these Terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you (if you have registered and have an account with us) or our posting of the amendment on the PT Services (if you have not registered with us). If you do not agree to any change to these Terms, you must discontinue using the PT Services. Your continued access or use of the PT Services after such notice or posting constitutes your consent to be bound by the Terms, as amended.
We may immediately terminate this contract with respect to you (including your access to the PT Services) if you fail to comply with any provision of these Terms.
We have the right to discontinue providing the PT Services in part or as a whole at any time.
3. The PT Services
The PT Services are for your personal, noncommercial use and are intended for informational purposes, as well as to facilitate your parking only.
The PT Services constitute a technology platform that enables users of PT’s mobile applications or websites provided as part of the Services (each, an “application”) to easily and smoothly use the parking services provided by third party providers of parking services (parking owners or operators, each a “PO”) who have contractual relations with us, or use other tools provided by third parties who do not have contractual relations with us. PT Services may include, but is not limited to, facilitating your navigation to the nearest parking to your location or finding on the map you use suitable parking lots for a desired location; showing the available parking lots; booking a parking lot with a specific PO for a specific period of time; limited technical support, related to your payment to the PO whose services you have used or you would like to use; check-in and check-out at a specific parking place; sending you or storing in your account receipts for the payments made and parking services used on behalf of the PO.
You acknowledge that PT does not provide parking services or does not function as PO.
Use of the PT Services
The PT Services are provided on our platform and through our applications. Some limited features may be accessible without registration. Such features could include, but are not limited to, access to general information on the application and displaying some parking facilities in a specific area.
Account: Generally, in order to use the PT Services, you will have to register and maintain a personal user account. During registration process and in order to create your account we shall collect your telephone and email address, and your password. In order to access your account, use the PT Services, review the history of your account you will have to use your email address and password. The registration process is accessible online on our mobile application.
During registration process you will disclose your email address. You will use it to individualize yourself to us when you use our Services. We shall only check whether this is a valid email address and shall bear no liability in case the provided email address violates third party rights, trade marks or other intellectual property.
Your password, together with your email address will enable you to access your account and use the PT Services. You are responsible for taking reasonable steps to maintain the confidentiality of your email address and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your email address, password or other account information, or of any other breach of security that you become aware of involving your account or the PT Services.
You will be required to provide a valid telephone number. We will verify if the provided by you number is existing by sending you as a short text message (SMS) a 4-digit number/code, which you will have to reproduce during the registration process. We need your email address and telephone number also in order to communicate with you in relation to your use of the PT Services.
In case you forget your password we will send to your email address a link that will enable you to reset your password.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification. For more information, please refer to our Privacy Statement
Upon registration you will receive an automatically generated QR code (your “parking card”), which does not contain any sensitive data, but identifies you as a user in our system and serves as a verification token.
You agree to maintain accurate, complete and up-to-date the information contained in your account. You agree not to transfer or assign in any other way your account to any third party. You agree to comply with all applicable laws when using the PT Services, and you may only use the PT Services for lawful purposes. Using the PT Services, you agree not to cause nuisance, annoyance, inconvenience, or property damage, whether to the PO or any other third party.
Your account represents a separate part of PT platform, containing information about the registered user, provided during the registration process and in the process of using the PT Services and stored on a server of PT. Through your account you may use the different PT Services, update the data provided during registration or later on, change password, discontinue your account and use of PT Services, etc.
As an additional feature of your personal account you may create a business profile for the purposes of receiving a receipt for paid parking services when you use a company car. You may not create a business profile only and these Terms shall always apply only between you, as an individual, and us. The business part of your personal account is intended solely for the purpose mentioned in this paragraph. Giving us a company name and any additional information, e.g., address, does not create a contractual obligation between that company and PT. We do not represent that the receipt you will receive for paid parking services will meet the requirements of your company as an expense, accounting or other type of document. Notwithstanding anything to the contrary above, you agree that the PT Services are made available solely for your personal, non-commercial use.
Network Access, fees and devices
When you access the PT Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain PT Services may be prohibited or restricted by your network provider and not all PT Services may work with your network provider or device.
You are responsible for obtaining the data network access necessary to use the PT Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the PT Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the PT Services and applications and any updates thereto. PT does not guarantee that the PT Services, or any portion thereof, will function on any particular hardware or devices. In addition, the PT Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The PT Services are our copyrighted property or the copyrighted property of our licensors and all trademarks, service marks, trade names and other intellectual property rights in the PT Services are owned by us or our licensors. Except as we specifically agree in writing, no element of the PT Services may be used or exploited in any way other than as part of the PT Services offered to you. You may own or use the terminal equipment on which elements of the PT Services are delivered to you, but we retain full and complete ownership of the PT Services. We do not transfer title to any portion of the PT Services to you.
Neither these Terms nor your use of the PT Services convey or grant to you any rights in or related to the PT Services except for the limited license granted below; or to use or reference in any manner PT’s company names, logos, product and service names, trademarks or services marks or those of PT’s licensors.
Content and Software License
If a PT Service is configured to enable the use of applications, other software, content, virtual items or other materials owned by or licensed to us, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use such application, other software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any PT Service; decompile, reverse engineer, disassemble or otherwise reduce any PT Service to a human-readable form; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the PT Services except as expressly permitted by PT; remove identification, copyright, trademark or other proprietary notices from any portion of the PT Services; link to, mirror or frame any portion of the PT Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PT Services or unduly burdening or hindering the operation and/or functionality of any aspect of the PT Services; attempt to gain unauthorized access to or impair any aspect of the PT Services or its related systems or networks; or access or use any PT Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the PT Services, you represent and warrant that your access to and use of the services, content or software will comply with all the above requirements.
Acknowledgements and terms required by Apple, Google or Microsoft
Acknowledgements and terms required by Apple
Scope of License: The license granted to you is limited to a non-transferable license to use the PT platform and application(s) on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Warranty: We are solely responsible for any product warranties whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the PT platform or application(s) to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you, if any; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the PT platform and application(s), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims: We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the PT platform or your possession and/or use of the application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the platform or application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: We and you acknowledge that, in the event of any third party claim that the PT platform or your possession and use of the application(s) infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: You may contact us for any questions, complaints or claims with respect to the PT platform, application(s) and PT Services at the contact details listed in the Terms, section
Acknowledgements and terms required by Google
You should contact PT, and not Google, concerning any defects or performance issues in the PT application(s) downloaded and installed from Google Play. We will be solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of PT application(s) or Services and any complaints about them.
Although we do not collect or process it, if you, for any reason, provide us with your Google Account information, PT may only use that information to access your Google Account when, and for the limited purposes for which, you have given you permission to do so.
Acknowledgements and terms required by Microsoft
Microsoft’s Certification of an application, including PT application(s) does not constitute any representation or acknowledgement by Microsoft that the application complies with all contractual or applicable law requirements, nor does it constitute any acceptance by Microsoft of any responsibility or liability in connection with such requirements.
Microsoft, your hardware manufacturer and your wireless carrier aren’t responsible for providing support services for the application.
You may download, stream and run the PT application(s) on a minimum number of Windows Devices ((i) for the Store on Windows 8.x operating system, up to eighty-one (81) personal Windows 8, Windows RT or successor tablets and personal computers; (ii) for the Store on Windows Phone 8.x, up to five (5) Windows Phone devices; and (iii) for the Store on Windows 10, up to ten (10) Windows Devices) that are associated with your Microsoft account, without payment of any additional fees to us. However, you will be able to run only one device using your account at a time.
If any error reporting data provided to us by Microsoft contains any personal information, we shall promptly delete such personal information and not use or disclose it for any purpose.
Third Party Services and Content
By creating an account, you agree that the PT Services may send you informational short text (SMS) messages or emails as part of the normal business operation of your use of the PT Services. You may opt-out of receiving text messages from PT at any time by contacting us at … email address. You acknowledge that opting out of receiving messages may impact your use of the PT Services.
We do not provide parking services
Please note that PT does not own or operate parking lots/facilities and does not provide parking services. Parking services are provided by parking owners or operators (“PO”). PO are independent service providers who have their own general terms, with which you should get familiar and follow in case you want to use a parking service.
Other services we do not provide
PT does not provide other services and therefore such services are not part of the PT Services, subject to these Terms. Such other services include, but are not limited to, navigation and maps, weather channels and forecasts, traffic information.
PT Services do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
With any use of the PT Services or resources, including opening of the initial page of our platform, clicking on any link from the initial or any other page from our sites or applications, you declare that you are familiar with the present Terms, that you agree with them and that you shall be obliged to abide by them.
We will not charge you for your access to and use of the PT Services. Therefore, we provide you with our Services free-of-charge.
Also, to use our PT Services you will not be required to purchase other products or services. Whether you will use our application to facilitate your payment for the use of parking services provided by POs, is entirely upon your discretion.
We remind you that when accessing the PT through a mobile network, the fees and rates of your network or roaming provider will apply.
Payment to PO for use of parking services
You may use our application to facilitate your online payment for use of parking services.
Remember: we do not provide parking services and do not own or operate parking lots or facilities. You will enter into a direct contract with the PO for your use of the POs’ parking lots and facilities.
You understand that the use of PT Services may result in charges (“Fees”) for you for the services you receive from the PO, who is a third party provider.
PT is not a payment service provider, nor a payment initiation service provider, nor an account information service provider.
As part of our PT Service we provide technical services, which support the provision of payment services, but do not provide payment services ourselves.
At no time PT enters into possession of the money you pay to the PO.
At no time PT receives data about your credit or debit card or other payment methods (with the exception of the last four digits of your card, which remain in our system). In order to facilitate the payment of your Fees we may process certain encrypted data (token) to the payment service provider who will contact your card issuer (e.g., your bank) in order to finalize the transaction.
Before or after you have received a service from a PO, as the case may be, PT may facilitate your payment of the applicable Fee to the PO.
Parking Card – if you have used your parking card (a functionality of your account in our application) to book or check-in a parking, we will send the relevant data (PO, parking time, amount of Fees) directly associated with your parking card, to the responsible payment service provider(s) to perform the payment transaction.
Ticket – if you have obtained a ticket when entering the parking, you will be able to scan the ticket with your mobile device and the data we retrieve through the use of our application will facilitate sending the necessary information to the responsible payment service provider(s) to perform the payment transaction.
You may be required to click the “Pay” or “Continue” or other button in the payment section of our application which permits PT to send the relevant data to the responsible payment service provider.
When you use our application to perform a Fee payment to a PO, you are providing an authorisation to the PO and the involved payment service providers (for example, your bank and the PO’s bank) to process your payment and complete the transaction.
If your transaction involves a currency conversion, it will be completed at a foreign exchange rate determined by your credit or debit card issuer.
The Fees will include all relevant or applicable taxes, where required by law. The Fees paid by you are final and non-refundable, unless otherwise determined by PO or applicable legislation.
You will have the opportunity to review your payment details (including but not limited to your details, the PO’s details, the parking service details, the amount of the Fee) before you confirm payment of the Fee.
All Fees are due immediately, after which PT will send you a receipt by email and/or will store such receipt into your “history” part of your account.
While not necessary for registering and having an account, if you want to pay the PO through our application, you will provide to the payment service processor at least one valid payment method (a credit or debit card or accepted payment partner). You agree to provide accurate, complete and up-to-date information, including a valid credit/debit card details and represent that you are authorized to use the payment method provided.
If applicable and available, payment of the Fees to the PO will be performed by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the PO through a third party payment processor and/or provider.
In the cases where you perform direct payment with your credit/debit card on an unattended payment terminal situated at the parking, we may support the process by sending to the payment terminal information on the parking time used, if you have used your parking card to check-in/check-out.
5. Disclaimers. Limitation of Liability. Indemnity
The PT Services are provided on an “as is” and “as available” basis. We disclaim all conditions, representations and warranties not expressly set out in these Terms. We disclaim all implied representations and warranties, e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement.
In addition, PT makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the PT Services or any services requested through the use of the PT Services, or that the PT Services will be uninterrupted or error-free. PT does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the PT Services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Your sole remedy against PT for dissatisfaction with the platform, site, application(s) or any content is to stop using the platform, site, application(s) or any such content. This limitation or relief is part of the agreement between you and us.
PT reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to any of the PT Services, for any reason; to modify the platform, site and application(s) or any parts thereof; to interrupt the operation of the PT Services, as necessary to perform routine or non-routine maintenance, error-correction, or other changes.
Limitation of liability
PT shall not be liable to you or other persons for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the PT Services, even if PT has been advised of the possibility of such damages. PT shall not be liable for any damages, liability or losses arising out of your use of or reliance on the PT Services or your inability to access or use the PT Services; or any transaction or relationship between you and any PO or other third party provider, even if PT has been advised of the possibility of such damages. PT shall not be liable for delay or failure in performance resulting from causes beyond PT’s reasonable control.
PT’s services may be used by you to request and pay for parking services or parking related services with POs or other third party providers, but you agree that PT has no responsibility or liability to you related to any parking services provided to you by POs or other third party providers other than as expressly set forth in these Terms.
These disclaimers and limitations do not affect your rights as a consumer or purport to limit liability that cannot be excluded under the law in your usual place of residence.
You agree to indemnify and hold PT and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with your use of the PT Services or services obtained through your use of the PT Services; your breach or violation of any of these Terms; PT’s use of your User Content; or your violation of the rights of any third party, including third party providers.
6. User Content; Unsolicited idea submission
User Provided Content
PT may, under PT’s sole discretion, permit you from time to time to communicate, submit, upload, publish or otherwise make available to PT through the PT Services text, images, audio, video or other content and information, including commentary and feedback related to the PT Services, initiation of support requests, and submission of entries (“User Content”), which may be accessible and viewable by the public.
Any User Content provided by you remains your property. However, by providing User Content to PT, you grant PT a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PT’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PT the license to the User Content as set forth above; and neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor PT’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to indemnify and hold us and our affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content.
You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. PT may, but shall not be obligated to, review, monitor, or remove User Content, at PT’s sole discretion and at any time and for any reason, without notice to you.
We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Unsolicited Idea Submission Policy
Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
We, including our affiliates and employees, do not accept or consider unsolicited ideas or suggestions from you in order to avoid any potential misunderstandings or disputes in the event that PT Services seem similar to unsolicited ideas submitted to PT. Unsolicited ideas or suggestions include, but are not limited to, ideas for new or improved technologies, products, services, processes, materials, names, artworks, or advertisements, promotions, or other marketing plans or campaigns.
As PT respects your rights to your ideas, please do not submit any unsolicited ideas or suggestions (“submissions”) in any form to PT or any of its affiliates or employees. If you still choose to submit any unsolicited ideas or suggestions despite our request, regardless of what your communication regarding your submissions says, the following terms shall apply to your submissions:
You agree that your submissions and their contents will automatically become the property of PT, without any compensation to you; PT has no obligation to review your submissions; PT may make, use, sell, or distribute your submissions and their contents for any purpose in any way; and PT has no obligation to keep your submissions confidential.
7. Governing law and jurisdiction. Disputes
The agreement between you and PT, as set out in these Terms, and the provision of the PT Services shall be governed by and construed in accordance with French law.
If a dispute arises between you and PT, please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
Disputes between you and PT regarding our Services may be reported to Customer Service online via the “Email Us” link on the “Contact Us” page at any time, or by calling the Customer Service telephone number located on the PT website(s) and by logging into your account.
The existence and content of the court or arbitration proceedings (as the case may be), including documents and briefs submitted by the parties, correspondence from and to the court, and correspondence, orders and awards issued by the court, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
These Terms are provided to you on the chosen by you language.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
PT has its headquarters in Sainte-Hélène-du-Lac, France and is supported by various affiliated group companies (the “support companies”) throughout the world. The support companies only provide an internal supporting role to and for the benefit of PT. Certain designated support companies render limited customer care support services. The support companies do not have any website (and do not in any way control, manage, maintain or host the PT platform, website and application(s)). The support companies do not have any power or authority to render the PT Services, to represent PT or to enter into any contract in the name of, for or on behalf of PT. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorised to act as any form of process or service agent of PT. PT does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Sainte-Hélène-du-Lac, France.
8. What are the contact points for questions or complaints?
If you have a comment or question about these Terms or the PT Services, please contact:
Parking Telecom EMEA SAS, 74,
Voie Magellan, Parc d’Activité Alpespace,
73800 Sainte-Hélène-du-Lac, France
Telephone: +33 (0)479 650 890
9. Final remarks
The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of its other provisions.
These Terms govern your use of the PT Services on the territory of EMEA only.
The following terms also govern and apply to your use of the PT platform, site and application(s) and as a general the PT Services, and they are incorporated herein by this reference:
Privacy Statement on the protection of personal data