PayByPhone Automatic Toll Payment Service
By enabling tolling for any vehicle on Your Account, You are agreeing to be bound by the following terms and conditions (“ATP Terms and Conditions”) which apply to use of the ATP Services (as defined below). The ATP Terms and Conditions are in addition to the terms which apply to Your wireless parking Account with PayByPhone (“Parking Terms and Conditions”). The Parking Terms and Conditions shall apply also to the ATP Services, unless in the event of conflict, where the ATP Terms and Conditions shall prevail.
If You have any questions about the terms below, please contact the appropriate Customer Care Center listed at the end of this page.
1. Terms & Conditions for PayByPhone’s Automatic Toll Payment Service
In this document, the following terms have the meanings indicated below:
- “Account” means all PayByPhone wireless parking service accounts opened by You on thehttp://www.paybyphone.com website, via the App or by calling our Customer Care Center,
- “App” the PayByPhone mobile application,
- “ATP Service” means the service offered by PayByPhone allowing You to pay the relevant toll charge applicable to the Crossing pursuant to the all the relevant terms and conditions,
- “Crossing(s)” means specific locations which the ATP Service operates,
- “Customer Care Center” means the appropriate center according to your country listed at the end of these terms and conditions;
- “Crossing Operator(s)” means the operator of the Crossing and/or tolling service who utilize PayByPhone for the automatic toll payment service,
- “We”, “Us”, and “Our” mean PayByPhone Technologies Inc., along with our successors, affiliates or assigns,
- “Website” 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
- “Phone” refers to the cellular or other phone You have enabled to use the Account.
You must have an Account in order to use the ATP Services.
3. The ATP Service
The ATP Service enables You to automatically pay for toll charges at Crossings via licence plate recognition technology operated by the Crossing Operator(s).
By enabling the tolling function for a particular vehicle, You are agreeing to pay for all toll charges incurred by that vehicle on the payment card registered to Your Account.
You may register one or more vehicles for the ATP Services on Your Account, however a single vehicle cannot be registered to more than one Account.
4. Pricing and Payment
Payments shall be made in the currency of the country where the Crossing is located.
Each time Your licence plate is detected by the Crossing Operator’s systems using the Crossing, the relevant and current toll charge, including applicable taxes (and if applicable, service charge) will be charged to the payment card registered to the Account. You authorize PayByPhone to charge Your payment card for such amounts each time You use the Crossing.
You are solely responsible for ensuring that You are aware of the relevant and current toll charges enforced by the Crossing Operator.
A chargeback fee of $15.00 may be assessed if an attempt to charge Your Account is rejected for insufficient funds available on Your payment card, for cancellation of Your payment card or otherwise.
Please refer to section 9 below for information on refunds/credits to Your vehicle.
5. Service Charges
We do not currently charge a fee for using the ATP Services. We will only deduct the relevant and current toll charge imposed by the Crossing Operator.
We reserve Our right to start charging fees for use of the ATP Services. We will give you as much notice in advance as possible and obtain Your consent prior to collection of any service charge. Please note, we may cancel Your Account if You do not provide Your consent to pay Our service charges.
6. Verification of Transactions
We will send a confirmation message to Your Phone only if We successfully process a transaction for Your vehicle following use of a Crossing.
Details of Your transactions will be available in real time on Your online statement for viewing and printing on our Website. You agree that We may provide a periodic statement and any other notices hereunder electronically via the Website. Statements provided electronically will describe each transaction using the Account during the statement period. 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 accept no liability to complete any transaction which cannot be cleared by Our payment processor, whether because there are insufficient funds on Your payment card or otherwise.
Neither We nor any of the Crossing Operators We have relationships with will be liable to You for any failure to accept or honor the Account.
8. Disclaimer Of Warranties And Limitation Of Liability
PayByPhone DOES NOT OWN, CONTROL OR OPERATE CROSSINGS. 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 CROSSINGS 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.
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 Customer Care Center. Our Customer Care Center may direct You to the Crossing Operator for the relevant Crossing which resulted in the billing or accounting error.
If an error occurs due to Our acts or omissions, We will endeavour to obtain credit for Your vehicle from the Crossing Operator.
WE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS WHICH OCCUR TO DUE TO ACTS OR OMISSIONS BY CROSSING OPERATORS.
10. Loss, Theft or Unauthorized Use
You are responsible for all authorized uses of Your Account. Applicable law may protect you from liability for unauthorized transactions. 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 or if Your vehicle has been stolen. Telephoning us is the best way to KEEP YOUR POSSIBLE LOSSES DOWN. IF YOU BELIEVE THAT YOUR VEHICLE HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY IMPROPERLY CHARGE THE ACCOUNT WITHOUT YOUR PERMISSION, CONTACT THE APPROPIATE CUSTOMER CARE CENTER OR EMAIL US AT email@example.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 payment card has been reported lost or stolen, we may close the Account to keep Your and Our losses down.
11. 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 firstname.lastname@example.org 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 Crossing Operator whose charges resulted in the error or transaction you have questions with. Disputes involving Crossing Operators will be resolved pursuant to their procedures.
For disputes that we (rather than a Crossing 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, registered vehicle details 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 payment 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 payment 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.
12. Amendment and Cancellation
We may at any time change or repeal the ATP 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 or by any other appropriate communication method. 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 Your Account 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 email@example.com
or by contacting the appropriate Customer Contact Center 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 Website or by emailing us at firstname.lastname@example.org. Termination of the Account will not affect any of Our rights or Your obligations arising under this agreement prior to termination.
13. 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 the ATP 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.
CUSTOMER CARE CENTER
USA and Canada
Telephone: + 1 604 642 4286
1168 Hamilton Street