Parking Terms and Conditions

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1. Terms & Conditions for PayByPhone’s Parking Service

By opening or using a wireless parking account with PayByPhone (the “Account”), you agree to be bound by the terms and conditions contained in this agreement, including our Web Site Terms and Privacy Statement, which govern your use of the Account. Please read this agreement carefully and keep it for future reference.
In this agreement, the following terms have the meanings indicated below:

• “Account” or “account” means all PayByPhone wireless parking service accounts opened by you on the http://www.paybyphone.com web site or by calling our Customer Care Center,
• “facility operator” means the operator of a parking facility using the PayByPhone service,
• “service” means the service offered by PayByPhone allowing you to pay for parking at participating parking companies by using your phone pursuant to the terms and conditions of this agreement,
• “we”, “us”, and “our” mean  PayByPhone Technologies Inc., along with our successors, affiliates or assigns,
• “web site” means the web site currently located at http://www.paybyphone.com, as well as any successor to such site,
• “you” and “your” means the person(s) who have established the Account, and
• “your phone” refers to the cellular or other phone you have enabled to use the Account.

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

3. Using your Account
Purpose:
You can use the Account to pay for parking at any parking facility that uses the PayByPhone service. You can access account balances and review your recent account history at our web site. Currently, charges to the Account are made by the facility operator and not by PayByPhone.

Use of Account, Password, PIN and your Cell Phone:
During the process of opening an Account you will enter a confidential Personal Identification Number (PIN) which activates the Account. You will also provide us with the number of your phone which will provide access to the Account. The Account and PIN are provided for your use and protection. You agree:

• Not to disclose the PIN and not to record it on your phone or otherwise make it available to anyone else.
• To use the Account, the PIN and your phone as instructed.
• To promptly notify us of any loss, unauthorized use or theft of your Account, PIN.
• You are liable for any transactions made by a person you authorize or permit to use your Account and/or PIN. If you permit someone else to use the Account, we and the facility operator will treat this as if you have authorized this person to use the Account and you will be responsible for any transactions initiated by such person with the Account

4. Pricing, Payment and Refunds
Payments shall be made in the currency of the country where the parking facility is located. Prices paid shall be at the price posted at the parking facility on the date of service plus a service charge determined by PayByPhone. Charges by PayByPhone may be changed as described below.

Each time you use the Account, the amount of the transaction, including applicable taxes and service charges, will be charged to the credit card used to open the Account. We will inform you of the amount to be charged for a particular transaction. You authorize PayByPhone to charge your credit card for such amounts each time the service is used. 

If you have any questions about a refund or other similar issue, please contact the appropiate Customer Care Center.

5. Service Charges
You agree that the fees and service charges included in the transaction cost confirmed before you start parking apply to the Account and may be charged to the Account. You authorize us to initiate any such charges to the Account as applicable.

A chargeback fee of $15.00 may be assessed if an attempt to charge your Account is rejected for insufficient funds available on your credit card, for cancellation of your credit card or otherwise. 

6. Verification of Transactions
Details of your transactions will be available in real time on your online statement on our web site. You agree that we may provide a periodic statement and any other notices here under electronically via our web site. Statements provided electronically will describe each transaction using the Account during the statement period. Your statement will be available to you in electronic format for viewing and printing online at http://www.PayByPhone.com. You may review one year’s worth of transactions online at any time. In the event that you elect to revoke consent to receive statements electronically, we reserve the right to terminate the Account.

7. Failure to Complete Transactions
We and the facility operators accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are not sufficient funds available on your credit card or otherwise.

Neither we nor any of the facility operators we have relationships with will be liable to you for any failure to accept or honor the Account.

8. PayByPhone is NOT a Parking Company
PayByPhone provides a service to enable your payment for parking at certain facilities. PayByPhone does not own, operate or maintain parking facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. Parking facilities are operated by companies PayByPhone which has contractual relationships with, but PayByPhone is not responsible for actions taken by such companies.

9. Disclaimer of Service Level Guarantees and Warranties
NOTE THAT THIS SERVICE IS ONLY AVAILABLE IN SELECTED LOCATIONS AND MAY NOT BE AVAILABLE AT ALL TIMES AT ACTIVE LOCATIONS. While we will endeavor to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service. Please note that WE PROVIDE NO SERVICE LEVEL GUARANTEES WHATSOEVER concerning this service.

Unless the law provides otherwise, you waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Account.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES SUBJECT TO THIS AGREEMENT ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. PayByPhone MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PayByPhone DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERRUS DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM VERRUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERRUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

PayByPhone DOES NOT OWN, CONTROL OR OPERATE PARKING FACILITIES. ACCORDINGLY, PayByPhone DOES NOT WARRANT ANYTHING WITH RESPECT TO SUCH FACILITIES. PayByPhone WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO ANY PARKING FACILITY OR ITS OPERATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. Refunds
We will make every attempt to deliver a high level of service at all times. If you think there has been a billing or accounting error, please contact the appropriate Customer Care Center listed at the end of this page. Our Customer Care Center will connect you to the facility operator for the facility whose charges resulted in the billing or accounting error. If you are entitled to a refund for any reason for services obtained with the Account, you agree to accept credits to the credit card used to open the Account in place of cash. We and the parking operators will not provide cash refunds. 

11. Loss, Theft or Unauthorized Use
You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts. 

Tell us AT ONCE if you believe that your Account has been used by an unauthorized person. Telephoning us is the best way to KEEP YOUR POSSIBLE LOSSES DOWN. IF YOU BELIEVE THAT YOUR PHONE HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY IMPROPERLY CHARGE THE ACCOUNT WITHOUT YOUR PERMISSION, CONTACT THE APPROPIATE CUSTOMER CENTRE OR EMAIL US AT support@paybyphone.com. IF YOU FAIL TO NOTIFY US PROMPTLY AND YOU ARE GROSSLY NEGLIGENT OR FRAUDULENT IN THE HANDLING OF THE ACCOUNT, YOU COULD INCUR ADDITIONAL CHARGES.

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

12. Notice Containing Information About Your Right to Dispute Errors
In case of errors or questions about electronic transactions on the Account, contact our Customer Care Center or email us at support@paybyphone.com as soon as you can, including if you think the statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Under most circumstances, we will connect you to the facility operator whose charges resulted in the error or transaction you have questions with. Disputes involving operators of parking facilities will be resolved pursuant to their procedures. 

For disputes that we (rather than a facility operator) are involved in, we must hear from you no later than 30 days after the transaction in question has been made available to you on the online statement.

The following information must be contained in that notice:

• Your name, user name and phone number or numbers used for the Account.
• Description of the error or the transaction you are unsure about and explanation as clearly as possible of why you believe it is an error or why you need more information.
• The amount in local currency of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.

Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your credit card within 10 business days for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. Because we ask you to put your complaint or question in writing, if we do not receive written confirmation of your verbal notice within 10 business days, we will not re-credit your credit card.

If we decide there was no error, we will send you a written explanation within three business days, after we finish our investigation. You may ask for copies of documents that we used in our investigation.

13. Dispute Resolution and Confidential Arbitration
Any dispute relating in any way to the services offered by PayByPhone not resolved in accordance with the preceding Section 12 shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate PayByPhone’s intellectual property rights, PayByPhone may seek injunctive or other appropriate relief in any Provincial or Federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14. Disclosure of Account Information to Third Parties
From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and the Account:

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

You may tell us that you prefer that we not share this information with our Network of Merchant and Service Providers by sending your request to PayByPhone at any Customer Centre listed at the end of this page including your name, address, phone number and mobile user name.

15. Credit or Information Inquiries

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

16. Contact Information and Business Days and Hours

You will be responsible for the unauthorized use of the Account if you fail to notify us if you believe there has been an unauthorized use or access to your Account. If you believe that any of these events have occurred, call us at the telephone number or address listed in the local Contact Centre List at the bottom of the page. Our business days are all days except Saturdays, Sundays and statutory holidays.

The address of our web site is http://www.paybyphone.com.

17. Use of Cell Phones While Driving Can be Dangerous

PLEASE NOTE THAT OPERATING A CELL PHONE OR ANY OTHER DEVICE WHILE DRIVING CAN BE DANGEROUS AND WE ADVISE YOU NOT TO USE THIS SERVICE WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD PayByPhone HARMLESS FROM ANY OR ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS OR INJURY RELATED TO USE OF THIS SERVICE OR THE ACCOUNT WHILE OPERATING ANY KIND OF VEHICLE.

18. License and Site Access
Solely for use in connection with the service, PayByPhone grants you a limited license to access and make personal use of its web site and its service. This license does not include any resale or commercial use of PayByPhone’s service; any collection and use of any information, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to PayByPhone may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express the written consent of PayByPhone. Any unauthorized use terminates the permission or license granted by PayByPhone. You may not use any PayByPhone’s logo or other proprietary graphic or trademark without PayByPhone’s express written permission.

19. Amendment and Cancellation
We may at any time change or repeal these terms and conditions. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. You specifically agree to accept such notice of change by notice sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement or any features or services of the Account described herein at any time. The Account remains our property.

You can notify us by:
E-mail at support@paybyphone.com
or by contacting the appropriate Customer Contact Centre listed at the end of this page.

We may cancel your right to use the Account at any time. You may cancel this agreement by closing your Account on our web site or by emailing us at support@paybyphone.com. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination.

20. Applicable Law
By opening the Account, you agree that the laws of the Province of British Columbia, Canada without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PayByPhone or its affiliates, as well as any of their successors and assigns.

21. Trademarks
PayByPhone and other marks indicated on our site are registered trademarks of PayByPhone, Inc. or its subsidiaries in Canada, the United States and other countries. Other PayByPhone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PayByPhone, Inc. or its subsidiaries. PayByPhone’s trademarks and trade dress may not be used in connection with any product or service that is not PayByPhone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PayByPhone. All other trademarks not owned by PayByPhone or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PayByPhone or its subsidiaries.

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

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

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

If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.

If we take legal action against you because of default in the terms of this agreement, you must pay reasonable attorney’s fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
 

CUSTOMER CONTACT CENTRES

USA and Canada
General: 604 642 4286
Sales: 1 866 783 7787
Email: info@paybyphone.com
Suite 403
1168 Hamilton Street
Vancouver, BC
V6B 2S2
Canada

Europe
General: 0870 112 6412
Email: euro@paybyphone.com
1 The Boulevard
Shire Park
Welwyn Garden City
Hertfordshire
A17 1EL
United Kingdom

Australia and New Zealand
General: +61(0) 3 9592 8906
Email: anz@paybyphone.com
69 New Street
Brighton 3186
Australia