Terms

Terms of Use

This document comprises two sections:

Section A. applies in case you are a Parker. Read it carefully, as it represents the agreement between you, as a Parker, and us.

Section B. applies in case you are a Parking Owner/Operator (PO). Read it carefully, as it represents the agreement between you, as a PO, and us.

In case you are both a Parker and a PO, both Sections of the Terms will be applicable to you. We encourage you to read everything carefully and understand which rules will apply in the cases when you act as a Parker and which rules will apply in the cases when you act as a PO.

 

 

Section A.

Terms of Use for Parkers

 

A.1. Introduction (this Section A.1. is applicable to Parkers)

Parking Telecom is pleased to provide to you its platform, market place, sites, software, applications, content, products and services (“PT Services”), which may be branded Parking Telecom or another brand owned or licensed by Parking Telecom.  This Section A of the present document (“Terms of Use” or simply “Terms”) govern your use and our provision of the PT Services on which these Terms are posted, as well as PT Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the PT Services.  Please read these terms carefully before using the PT Services.

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.

These Terms apply in case you are a Parker (an individual who, through PT’s mobile applications or PT Services searches for available parking place for temporary paid use and uses parking services offered by parking owners/operators).

If you are a parking owner/operator, please follow the link to Section B. for specific terms applicable to parking owners/operators.

 

A.2. Contract between You and Us (this Section A.2. is applicable to Parkers)

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.

 

A.3. The PT Services (this Section A.3. is applicable to Parkers)

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, market place 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.

You must be at least 18 years of age and have legal capacity to enter this contract.

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.

We need your email address 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.

Your registration or login may be facilitated through some of your social media accounts, i.e. Facebook.

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 (link).

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. Another connectivity method we may provide is via the Bluetooth of your device.

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 or market place, 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.

Our market place will provide a technical possibility for communication between Parkers and POs (communication channel), subject to consent by the participating parties.

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.

 

Intellectual Property

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.

 

Restrictions

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 or Google

Acknowledgements and terms required by Apple

  • You and we acknowledge that these Terms of Use are concluded between you and us, and not with Apple, and we, not Apple, are solely responsible for the PT platform and application(s) and the content thereof. App Store Terms of Service apply and in case of any conflict with the App Store Terms of Service as of the respective effective date, the latter will prevail.
  • 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.
  • Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the PT platform and application(s), as specified in these Terms of Use, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the platform and application(s).
  • 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 ….
  • Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

 

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.

 

Third Party Services and Content

The PT Services may be made available or accessed in connection with third party services and content (including advertising) that PT does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. PT does not endorse such third party services and content and in no event shall PT be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the PT Services using applications developed for Apple iOS, Android, or Microsoft Windows, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the PT Services in any manner. Your access to the PT Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

Messaging

By creating an account, you agree that the PT Services may send you informational push notifications,  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 customerservice@parkingtelecom.com. You acknowledge that opting out of receiving messages may impact your use of the PT Services.

 

Tolerance and non-discrimination

You agree to treat all POs or other third parties you interact with in relation to the PT Services, with dignity and respect. You further agree not to discriminate anyone in relation to your use of the PT Services based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, refusing to accept parking services based on any of these characteristics.

 

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.

PT does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any parking services. POs alone are responsible for their parking services. You are entering into a contract directly with the PO. PT is not and does not become a party to or other participant in any contractual relationship between participants in PT’s market place like you and POs, nor is PT a broker, a distributor, an agent or an intermediary.

PT has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any offering on PT’s market place; as well as the truth or accuracy of any information, descriptions and notices announced by POs or ratings, reviews and other user content.

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.

We may provide links to sites that provide such type of services in order to facilitate your use of parking services, but it is entirely upon your discretion whether to use such services following the posted links and in case you do so, it will always be subject to the third parties providers of such other services general terms of use and conditions.

PT Services do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

 

Your obligations

As a user, you are responsible for leaving a parking space clean and tidy.

You acknowledge and agree that you shall be responsible for the cost of repairing any damage you make to the parking space, adjacent property or other vehicles located nearby. You conform that PT is in no way responsible for any damage you cause to a PO, or any third party or their property and agree to indemnify PT against all claims in this regard.

In case a PO reports damages caused by you and the need of repair, and PT reasonably verifies such a report, you agree to cooperate PT in good faith on any matter regarding such damage caused by you.

 

General

These Terms of Use are applicable to all users of the PT Services, whether registered or not. The text of the Terms is accessible on our platform, market place, sites and applications in a manner that allows their storage and reproducing.

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.

 

 

A.4. Payments (this Section A.4. is applicable to Parkers)

PT Services provided to Parkers

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.

Your payment will be to the benefit of the PO who provides you with the parking service. You are encouraged to get well acquainted with the general terms, terms of use, payment terms or other contractual terms that may apply to your agreement with the PO. Such PO terms may be accessible online or may as well be posted on the street, in front of the parking area or inside the parking facility itself.

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, nor a payment institution’s agent.

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 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.

Payment

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.

You understand and agree that you have to leave the parking not later than the check-out time or the time you have pre-paid for (in case you have pre-paid via our market place for a specific period of time). If you leave your vehicle for a longer period, you understand that the PO is entitled to make you leave in a manner consistent with applicable law, including by removing / repatriating your vehicle. You agree that PT may, from time to time, act as limited collection agent for the PO (applicable to market place), and as such may request from you to pay any additional amount incurred as a consequence of your failure to remove your vehicle on time. Such an additional amount, as claimed by a PO, might include, but are not limited to, the cost of having a third-party service remove your vehicle, compensation paid to subsequent parking bookings that were unable to use the parking space, or parking fines.

In case you have successfully booked and/or pre-paid for a parking service, and the respective PO fails to provide you such parking service, you will be entitled to seek a refund of the amounts pre-paid. You will be prompted what information/evidence you will need to provide in case you wish to initiate a refund procedure, available in the “history” part of your account. Our support team will try to facilitate technically the resolving of your claim.

 

A.5. Disclaimers. Limitation of Liability. Indemnity (this Section A.5. is applicable to Parkers)

Disclaimer

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.

 

Indemnity

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.

 

Other

PT does not control the content and information contained in any listing on the market place and does not have any responsibility for the suitability, accessibility, rating or condition of any parking listed on the market place by a PO; and further PT does not guarantee or endorse the actions or omissions of POs related to a particular parking listing or parking service, nor is PT liable for the PO’s non-compliance with any applicable laws or regulations.

In relation to your using the PT Services, you acknowledge and agree that any legal remedy or liability you may seek to obtain for actions or omissions of POs or other third parties will be limited to a claim against the particular PO or other third party who caused the damage; you further agree not to attempt to impose liability on or seek any legal remedy from PT with respect to such actions or omissions.

 

A.6. User Content. Unsolicited idea submission (this Section A.6. is applicable to Parkers)

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, ratings or recommendations posted or sent by users.

We may (but shall not be obliged to do so) reply to any feedback provided to us by you.

 

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.

 

A.7. Governing law and jurisdiction. Disputes (this Section A.7. is applicable to Parkers)

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 us by using the general contact details provided in the following section 8, or by logging into your account.

All disputes arising out of or in connection with this agreement, as set out in the Terms of Use, and any conflict, claim or controversy arising out of or broadly in connection with or relating to the PT Services, shall be resolved the competent courts in case we fail to reach an amicable solution.

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 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.

 

A.8. What are the contact points for help, questions or complaints? (this Section A.8. is applicable to Parkers)

 

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

email: customerservice@parkingtelecom.com

 

If you need help with your use of the PT Services, please follow the guidelines as provided by our Help section.

 

A.9. Final remarks (this Section A.9. is applicable to Parkers)

 

From time to time, we may change these Terms of Use to accommodate or address new technologies, changes in the PT Services, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

 

You explicitly and unambiguously consent to our processing of your personal data, under the rules of our Privacy Statement (Privacy Statement on the protection of personal data), which is inseparable part of these Terms of Use and is included herein by reference.

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

===========================================================================

 

 

Section B.

Terms of Use for Parking Owners / Operators

 

B.1. Introduction. (this Section B.1. is applicable to POs)

Parking Telecom is pleased to provide to you its market place and related to it sites, software, applications, content, products and services (“PT Services”), which may be branded Parking Telecom or another brand owned or licensed by Parking Telecom.  This Section B of the present document (“Terms of Use” or simply “Terms”) govern your use and our provision of the PT Services on which these Terms are posted, as well as PT Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the PT Services.  Please read these terms carefully before using the PT Services.

These Terms apply in case you are a Parking Owner / Operator. If you are a parker, please follow the link to Section A for specific terms applicable to parkers.

These Terms apply in case you are a legal entity or an individual (natural person).

If you are an individual, please note that 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.

 

B.2. Contract between You and Us (this Section B.2. is applicable to POs)

This is a contract between you (as an individual or a legal entity) 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, with EU VAT number FR 79 821 660 800, 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 are related only to our market place.

In case we have a separate written agreement with you for other services PT provides to you and in case of discrepancy between these Terms and our specific written agreement, the terms in our specific written agreement shall apply to the relations between us. These Terms shall only serve as a supplement to our specific written agreement, to the extent they do not contravene with it.

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.

 

B.3. The PT Services (this Section B.3. is applicable to POs)

The PT Services are intended to facilitate you to provide your parking services to parkers via our market place.

The PT Services constitute a technology market place that enables registered users who own or otherwise legally operate a parking place (Parking Owners/Operators or simply “PO” or “POs”) to offer such parking place for temporary paid use to users of PT’s mobile applications or websites who want to find and use a parking place (“Parkers”).

By using the PT Services you (as a PO) will be able to list your parking on our market place and offer it to Parkers. You will be able to define and announce the parking fees applicable to your parking, the working hours of your parking, information whether your parking is reserved or not and other notices and information, as you may be allowed by PT Services from time to time. You will also be provided with limited technical support by us, through the Help section of the market place or as indicated in your account, and during normal business hours. As part of the PT Services we will facilitate your receipt of the parking fees paid by Parkers for your provision of parking services to them, decreased with our fee (see further below regarding fees).

You understand and acknowledge that we and PT Services only facilitate the entering of direct relations between you, as a PO, and the Parkers. You are solely responsible for the parking services you provide to Parkers. We do not provide parking services and do not function as a PO. We do not own, create, sell, resell, distribute, provide, control, manage, offer, deliver, or supply any parking services to Parkers either on our own or on behalf of you. When a Parker books, pre-pays, pays, requests, confirms, uses your parking services, you enter into a contract directly with the Parker. PT is not and does not become a party to any contractual relationship between POs and Parkers and otherwise between participants in the market place. PT has no control and does not guarantee the performance or conduct of any Parker or third party.

If you choose to use the PT Services as a PO, your relationship with PT shall be limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of PT for any reason, and you shall act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of PT.

 

Use of the PT Services

The PT Services are provided on our market place through our website (web portal). Some limited features may be accessible without registration. Such features could include, but are not limited to, access to general information on the market place.

Account: Generally, in order to use the PT Services, you will have to register and maintain a user account. During registration process, for the purposes of entering into this contract with you and in order to create your account we shall collect information about you or the legal entity you represent. The registration process is accessible online on our website.

During registration process you will disclose your contact and other information (for more details see our Privacy Statement) and will upload certain documents, as prompted. We reserve the right to check whether the information you provide to us is valid (for example, whether you provide a valid email address, telephone number, etc.) We shall bear no liability in case the provided by you information 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.

In case you forget your password we will send to your email address a link that will enable you to reset your password.

Each parking you list on the market place will be attributed a 5-symbol zone number (“zone number”). For the purposes of this agreement between you and PT, “parking” shall mean the designated place / lot / space / spot where one vehicle can be parked. Payment for parking services by Parkers shall be linked to the specific zone number of your parking.

You will be entitled to list more than one parking on the market place and each of such parkings will be attributed a unique zone number. We will give you the opportunity to upload information about your listed parking(s) that will help Parkers find and use your parking services, such information being for example address and/or coordinates of your parking, photo, designated name, working hours, accessibility, other helpful information on conditions, entry, exit and similar hints that may be of benefit for the Parkers.

You will be entitled to use the PT Services only with regard to the parking(s)s you have listed on our market place.

You will be entitled to enjoy the PT Services only after we have successfully boarded you and your parking(s) on the market place, i.e. you have provided the required information and documents and they are in line with the guidelines given during registration process. The successful boarding of yourself and your parking(s) is administered by our support personnel who confirm and activate the parking listing upon finalization of the process.

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 (link).

In the process of provision of PT Services, PT may transfer to you some data about the Parkers that could be treated as personal data, for example registration plate number, time of check-in and check-out; pre-payment details and other. You hereby agree to use such Parkers’ data solely for the purpose of performing your parking services, complying with all applicable laws on personal data protection, including by having in place appropriate technical and organizational measures for protection against unauthorized use of such data.

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 Parkers or any other third party.

Your account represents a separate part of PT market place, 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. Through your account you will also be able to request technical support from us.

Our market place will provide a technical possibility for communication between Parkers and POs (communication channel), subject to consent by the participating parties.

If you are a legal entity, you will accept these Terms either by your legal representative or by an authorized proxy. You will be required to prove this by uploading certain documents to your account, for example certificate of good standing, power of attorney, etc.

 

Your representations, warranties, covenants and undertakings

You, as a PO, represent and warrant to us the following:

– you own or have other valid legal ground to operate the parking(s) you have listed on our market place;

– the individual who has created or who uses your account is duly authorized to do so (in case you are a legal entity);

– you have received all third party consents or approvals, if necessary, to list your parking(s) and to provide parking services with it to Parkers;

– you are at least 18 years of age (in case you are an individual) and you have legal capacity and authority to enter into this contract;

– you have provided true, accurate, complete and not misleading information to us and you undertake to keep such information up-to-date at all times;

– you have checked all laws and regulations applicable to you, as a PO, to provide parking services to third parties, including whether you need a license, permit or registration with local authorities;

– you understand that you are solely responsible for declaring and paying you taxes related to your income from provision of parking services to Parkers;

– the parking(s) you have listed on the market place are suitable for parking by Parkers;

– you acknowledge and agree that, although some information and content about your parking, parking services or parking fees may be posted on the PT market place and accessed or used by Parkers, PT bears no responsibility or liability about such information and content provided by you or about such information and content’s completeness, accuracy and update;

– you acknowledge and agree that the relations between you and the Parkers in relation to the parking services are solely between yourselves and PT may not be held liable: for any damages suffered by a Parker in relation to your parking services (including their use or non-use); nor for any damages suffered by you in relation to the parking services or the use of PT Services;

– in relation to your using the PT Services, you acknowledge and agree that any legal remedy or liability you may seek to obtain for actions or omissions of Parkers or other third parties will be limited to a claim against the particular Parker or other third party who caused the damage; you further agree not to attempt to impose liability on or seek any legal remedy from PT with respect to such actions or omissions;

– you understand and acknowledge that any breach of your obligations, undertakings, covenants, representations or warranties under these Terms may lead to termination of our agreement and your ability to use the PT Services and PT shall owe no compensation or indemnification to you.

You, as a PO, covenant and undertake that:

– you will in due time file all tax returns and pay all taxes related to your income from parking services provided by you to Parkers with the facilitation of PT Services and PT market place;

– you will at all times comply with laws and regulations applicable to you or your parking(s) or the services you provide to Parkers;

– you will ensure safe and undisturbed use of your parking by the Parker who has booked or pre-paid such use and you are notified about such booking or pre-payment by the market place or are otherwise able to see this information in your account;

– you will place the zone number of your parking in a visible manner, as suggested by us in order to enable the Parker to spot such number easily;

– you will place any terms, conditions or rules applicable to your services or your parking in an easily visible manner, with language or symbols that are clear and understandable;

– your terms and conditions that you make available to Parkers and that regulate your contractual relations with the Parkers shall comply with all applicable laws related to provision of services, consumer protection and other applicable regulations;

– you will in due time update any information posted by you on the market place in relation to your parking(s), including but not limited to information on the availability of the parking, the working hours, the associated parking fees, and will bear all liability in case the posted information is not accurate or up-to-date;

– you may not ask a Parker to pay a different parking service fee than the posted by you on the market place fee or tariff;

– you will not request or accept payment from Parkers for listed parking(s) outside of the market place;

– you are solely responsible for honoring any confirmed booking and making available your parking booked, reserved, pre-paid or paid for via our market place;

– you are responsible for ensuring that the listed parking(s) are accessible, safe and unlikely to lead or result in any damage to the Parker or Parker’s vehicle;

– in case a Parker does not comply with the terms and conditions applicable to your parking or in case a Parker leaves his vehicle for a longer period than the pre-paid one, or in any similar case where your relations with the Parker go out of the ordinary course, you will deal with the Parker directly, in a legitimate manner, and will not involve PT into your relations with the Parker in any way, unless with our prior explicit consent.

 

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.

 

Intellectual Property

The PT Services and our market place are PT’s intellectual property or the intellectual property of our licensors and all trademarks, service marks, trade names and other intellectual property rights in the PT Services and the market place are owned by us or our licensors. Except as we specifically agree in writing, no element of the PT Services or the market place 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.

 

Restrictions

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.

For avoidance of any misunderstanding, you will not be entitled: to use the PT Services or our market place for other facilities than the listed parking(s); to transfer, assign, lend or otherwise make available your access and use of the market place to any third party, including your affiliate; to sub-license your rights granted under these Terms to access or use the market place to any third party, including your affiliate.

 

Acknowledgements and terms required by Apple or Google

Acknowledgements and terms required by Apple

  • You and we acknowledge that these Terms of Use are concluded between you and us, and not with Apple, and we, not Apple, are solely responsible for the PT platform and application(s) and the content thereof. App Store Terms of Service apply and in case of any conflict with the App Store Terms of Service as of the respective effective date, the latter will prevail.
  • 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.
  • Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the PT platform and application(s), as specified in these Terms of Use, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the platform and application(s).
  • 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 ….
  • Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

 

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.

 

Third Party Services and Content

The PT Services may be made available or accessed in connection with third party services and content (including advertising) that PT does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. PT does not endorse such third party services and content and in no event shall PT be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the PT Services using applications developed for Apple iOS, Android, or Microsoft Windows, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the PT Services in any manner. Your access to the PT Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

Messaging

By creating an account, you agree that the PT Services may send you informational messages, push notifications 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 customerservice@parkingtelecom.com. You acknowledge that opting out of receiving messages may impact your use of the PT Services.

 

Tolerance and non-discrimination

You agree to treat all Parkers or other third parties you interact with in relation to the PT Services, with dignity and respect. You further agree not to discriminate anyone in relation to your use of the PT Services based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, refusing to provide parking services based on any of these characteristics.

You are allowed, however, to include in your listing information whether your parking is suitable for use by a disabled driver or other information relevant to specialized vehicles.

 

Services we do not provide

PT does not provide services other than the described above 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.

We may provide links to sites that provide such type of services in order to facilitate the Parkers’ use of your parking services, but it is entirely upon your discretion whether to use such services following the posted links and in case you do so, it will always be subject to the third parties providers of such other services general terms of use and conditions.

PT Services do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

 

These Terms of Use are applicable to all users of the PT Services, whether registered or not. The text of the Terms is accessible on our market place, sites and applications in a manner that allows their storage and reproducing.

With any use of the PT Services or resources, including opening of the initial page of our market place, 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.

 

Termination

You may terminate this agreement at any time by deactivating your account or by sending us an email.

We are also entitled to terminate this agreement, without any reason, at any time by sending you a 30-days’ notice.

We are entitled to terminate this agreement with immediate effect and without giving you any notice in case you have breached these Terms or your obligations under these or any other applicable terms; in case you have violated applicable laws, regulations or third party rights; in case the representations and warranties provided by you are false, inaccurate, incomplete or misleading; in case we have received complaints against you by Parkers or evidence that your parking services do not meet applicable standards or quality (including in the cases where your rating given by Parkers is constantly at the low end of the scale); or as otherwise permitted under applicable law. In addition, we shall be entitled to deactivate your account, delete any listings of your parking(s) and otherwise stop providing you PT Services.

In case of non-material breaches and where appropriate, we will give you a notice with suggested measures and an opportunity to resolve the issue to our reasonable satisfaction.

If this agreement has been terminated by us, you will not be entitled to register a new account or use the PT Services through the account of another PO.

Our rights under the “Disclaimers. Limitation of Liability. Indemnity” section will survive the termination of this agreement, as reasonably permitted under applicable law.

 

B.4. Payments (this Section B.4. is applicable to POs)

PT Services

Our fees – acceptance and amounts

We will not charge you for the mere creation of account on our market place or listing a parking thereon.

However, we shall charge you a commission fee for each payment you receive from a Parker for parking services provided by you and pre-paid or paid via our market place.

We will notify you about the amount of the commission fee we will charge you once you list your parking(s) on the market place. In case you do not agree to the amount of such fees, you will be entitled to simply un-list your parking(s), deactivate your account or otherwise not use the PT Services.

If you accept the amount of our fee, however, we will have the right to withdraw it from the fee you receive from the Parker. For your comfort, remember that you will have the right at any time to discontinue using the PT Services.

Our fees may be formed as a percentage of the parking service fee you receive from the Parker or as a lump sum. If and as required by applicable law, we will accrue value added tax or other similar taxes, as the case may be, and will increase our fee with the amount of such tax. On a monthly basis (or such other period that may be imposed under applicable law) we will issue a document to you on the fees for PT Services we have received from you and the taxes charged by us in this regard. All invoices or other documents issues by PT shall be under the requirements of the French legislation.

 

Our fees – payment

Once a Parker has pre-paid or paid for the use of your parking services via our market place, we shall withhold from such amount the amount of our fee (plus any applicable taxes thereon). So, you will receive the payments from the Parkers who have used your parking(s) decreased with our fee for your use of the PT Services.

You will receive the respective payments upon your initiation or request, under the condition that the amount you have to receive exceeds a certain predefined threshold. We shall also be entitled to enable or trigger the forwarding of such payments to your designated bank account, at our discretion.

We will be responsible to cover the fees of the market place’s payment service provider. You will be responsible to cover the fees of your bank (the bank servicing your bank account), if any.

PT reserves the right to deduct any foreign currency processing or conversion costs, if such would be associated with any payout to you.

PT will be entitled, at its sole discretion, to round up or round down any amount that is payable to you to the nearest whole number in the denominated currency.

 

Payments of Parkers for use of your parking services

Parkers will be required to pre-pay or pay for the use of your listed parking at the tariff you have posted on the market place.

You are responsible for posting an accurate tariff on the market place and we will bear no responsibility in case you have posted a number/figure/digit by mistake or technical error.

Your posted tariff should represent the final and only amount a Parker will be required to pay for using your parking services. You should indicate also the currency in which you expect a payment from the Parkers. If you, as a PO, are required to accrue a tax on the parking service fee, make sure such tax is included in your tariff. Note that the Parkers will be informed that the fees they will pay will include all relevant or applicable taxes, where required by law.

The payment from the Parker will be to your benefit, for using your parking service. As set forth above, we will withdraw our commission fee for your use of the PT Services from the Parker’s payment designated to you.

PT is not a payment service provider, nor a payment initiation service provider, nor an account information service provider, nor a payment institution’s agent.

As part of our PT Service we provide technical services, which support the provision of payment services, but do not provide payment services ourselves. The payment processing services shall be provided in alliance with a licensed payment service company.

We may act as your limited payment collection agent for the purposes of facilitating collection of your parking service fees from Parkers and you hereby appoint and authorize PT to act as your limited payment collection agent solely for the purpose of accepting the parking service fees from Parkers.

You hereby agree that a payment made by a Parker via our market place shall be considered the same as a payment made directly to you, and you will make your parking available to the Parker in the agreed-upon manner as if you have received the parking service fee directly. As a PO you understand that as PT accepts payments from Parkers as your limited payment collection agent, PT’s obligation to make a payout to you is subject to and conditional upon successful receipt of the associated payments from the Parkers.

You hereby agree and authorize PT to withhold PT’s commission fee for your use of PT Services (and any applicable tax incurred thereon) from the amounts paid by Parkers for using your parking.

In case a Parker has booked and/or pre-paid the use of your parking and you fail to provide to the Parker the booked or pre-paid parking service, we will refund to the Parker any amounts pre-paid. You agree and hereby authorize us to refund the associated amounts to the Parker and to deduct them from any current or future payouts we make to you.

You will be able to inform us about a claim related to payment through your account and we will try (although we shall not be obliged to do so) to support technically its resolving.

 

B.5. Disclaimers. Limitation of Liability. Indemnity (this Section B.5. is applicable to POs)

Disclaimer

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 market place, site, application(s) or any content is to stop using the market place, 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 market place, 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 Parker 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 promote and offer your parking or parking related services to Parkers, but you agree that PT has no responsibility or liability to you related to the use or misuse of any parking services provided by you via our market place 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, in case you are a natural person.

 

Indemnity

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 Parkers or third party providers.

Further, you agrees to indemnify and hold PT and its affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PT by any third party arising out of or in connection with the Parkers’ use of your parking services, including the inability of the Parker(s) to use your parking services, or the Parkers’ dissatisfaction from using your parking services.

 

Insurance

You are hereby recommended to subscribe and keep in force a liability insurance against damages for which you may be found liable under your relations with the Parkers, as well as an insurance for your parking(s) for damages that may be caused by Parkers to the parking place and facility.

 

B.6. User Content. Unsolicited idea submission (this Section B.6. is applicable to POs)

User Provided Content

By using our market place and the PT Services, you may create content, including tariffs, models and others containing text, numeric and other data and 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 (each of them “User Content”), which may be accessible and viewable by the public.

We shall not control or verify your User Content. Further, we are not responsible in any way for such User Content, including for any use, interpretation or conclusions you or the Parkers or third parties may make of it. Any use or reliance on the User Content or materials posted via the PT Services or obtained by you through the PT Services is at your own risk.

Under no circumstances will PT be liable in any way for the User Content, including, but not limited to, any errors or omissions in the User Content, or any loss or damage of any kind incurred as a result of the use of the User Content posted, emailed, transmitted or otherwise made available via our market place. You control and bear responsibility for the generation and use of the User content within or outside our market place.

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.

 

B.7. Governing law and jurisdiction. Disputes (this Section B.7. is applicable to POs)

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 us by logging into your account and following the channel for claims, issues or support. You may also contact us using the general contact details provided in the following section 8.

All disputes arising out of or in connection with this agreement, as set out in the Terms of Use, and any conflict, claim or controversy arising out of or broadly in connection with or relating to the PT Services, shall be resolved the competent courts in case we fail to reach an amicable solution.

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 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 market place, 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.

 

B.8. What are the contact points for help, questions or complaints? (this Section B.8. is applicable to POs)

If you have a comment or question about these Terms or the PT Services, please follow the established communication channel via your account and send us a support request or a feedback.

Although we encourage you to contact us via your account, you are also able to contact us at the following general contact details:

Parking Telecom EMEA SAS,

74, Voie Magellan, Parc d’Activité Alpespace,
73800 Sainte-Hélène-du-Lac, France

Telephone: +33 (0)479 650 890

email: customerservice@parkingtelecom.com

 

If you need help with your use of the PT Services, please follow the guidelines provided in our Help section.

 

B.9. Final remarks (this Section B.9. is applicable to POs)

 

From time to time, we may change these Terms of Use to accommodate or address new technologies, changes in the PT Services, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

 

You explicitly and unambiguously consent to our processing of your personal data, under the rules of our Privacy Statement (Privacy Statement on the protection of personal data), which is inseparable part of these Terms of Use and is included herein by reference.

Further, in case you are a legal entity, you hereby represent and warrant that the individuals whose personal data you will be providing to us have given their consent to such disclosure of their personal data and that you have been granted the right to transfer such personal data to us.

 

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 market place, 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