ParkingPerx App Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY

These terms and conditions govern your use of the ParkingPerx scheme (ParkingPerx) operated by us under which you, using our mobile application or a dedicated payment card (the ParkingPerx Payment Card), receive credits (Rewards) towards your parking costs (Fees) when making purchases from merchants and redeem them in participating car parks and parking bays.

Introduction

1. Who we are and what this agreement does

1.1. We are ProxiSmart Ltd (company number 09258434) (we and us) is a company registered in England and Wales and our registered office is at 32a Newgate Street, Morpeth, Northumberland, NE61 1BA. We license you to:
(a) use the ParkingPerx mobile application software (App) and any updates or supplements to it; and
(b) join the ParkingPerx scheme you connect to via the App and the content we provide to you through it (ParkingPerx), as permitted in these terms.

2. Your privacy

2.1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy and it is
important that you read that information.

2.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

App Terms

3. Appstore’s terms also apply

3.1. The ways in which you can use the App may also be controlled by the App Store or Google Play rules and policies (https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en-GB_us/about/playterms/index.html

4. Operating system requirements

4.1. This app requires an Apple or Android Smartphone device with a minimum iOS operating system version 12 or above or the Android OS version 10 or above.

5. Support for the App and how to tell us about problems

5.1. Support. If you want to learn more about the App or ParkingPerx or have any problems using them please take a look at our support resources at https://knowledgebase.parkingperx.com.

5.2. Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@parkingperx.com.

5.3. How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.

6. How you may use the App

6.1. In return for your agreeing to comply with these terms you may:
(a) download and install the App onto your Smartphone device(s) and view, use and display the App on such devices for your personal purposes only; and
(b) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

7. You must be 18 to accept these terms and use the app

You must be 18 or over to accept these terms and use the App.

8. You may not transfer the App to someone else

We are giving you personally the right to use the App and ParkingPerx as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

9. Changes to these terms

9.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

9.2. We will give you at least 7 days’ notice of any change by notifying you of a change when you next start the App.

9.3. If you do not accept the notified changes you will not be permitted to continue to use the App and ParkingPerx.

10. Update to the App

10.1. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

10.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

10.3. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

11. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

12. We may collect technical data about your device
By using the App or ParkingPerx, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide ParkingPerx to you.

13. We may collect location data (but you can turn location services off)

13.1. ParkingPerx will make use of location data sent from your devices and requires you to have Bluetooth switched on. You can turn off the location services settings and Bluetooth for the App on the device, but this will prevent you using all of the features on the App, including but not limited to earning and redeeming Perx rewards. By using ParkingPerx, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve the App and ParkingPerx.

14. We are not responsible for other websites you link to

14.1. The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

14.2. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

15. Licence restrictions

You agree that you will:
15.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;

15.2. not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

15.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and ParkingPerx on devices as permitted in these terms;

15.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(a) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
(b) is not used to create any software that is substantially similar in its expression to the App;
(c) is kept secure; and
(d) is used only for the Permitted Objective;

15.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or ParkingPerx.

16. Acceptable use restrictions
You must:
16.1. not use the App or ParkingPerx in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;

16.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or ParkingPerx, including by the submission of any material (to the extent that such use is not licensed by these terms);

16.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or ParkingPerx;

16.4. not use the App or ParkingPerx in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

16.5. not collect or harvest any information or data from ParkingPerx or our systems or attempt to decipher any transmissions to or from the servers.

ParkingPerx Service Terms

17. Our contract with you

17.1. By downloading the App and registering to join ParkingPerx, you are agreeing to join the ParkingPerx scheme and at which point a contract will come into existence between you and us.

18. You must keep your account details safe

18.1. You must treat your user identification code, password and any other piece of information you provide as part of our security procedures information as confidential. You must not disclose it to any third party.

18.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

18.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@parkingperx.com.

19. Providing ParkingPerx

19.1. Once you have successfully registered and created a User account you will be part of ParkingPerx and we will supply the services to you until you end the contract as described in clause 1 or we end the contract by written notice to you as described in clause 22.

19.2. ParkingPerx will be provided as set out at www.parkingperx.com/how-it-works/.

19.3. We are not responsible for delays outside our control. If your use of ParkingPerx is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

19.4. What will happen if you do not give required information to us. If you do not provide the information necessary to registered as part of ParkingPerx, or if you give us incomplete or incorrect information, you will not be able to use ParkingPerx.

19.5. Reasons we may suspend your use of ParkingPerx. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 18).

20. ParkingPerx Payment Card

20.1. If the amount of Rewards you obtain meets a certain amount (as set out at www.parkingperx.com/how-it-works/) and depending on your location, we may issue you with a ParkingPerx Payment Card.

20.2. Each ParkingPerx Payment Card is a pre-paid debit card, which your Rewards will automatically be transferred to. The ParkingPerx Card’s use is limited to parking payment machines owned by the operators of car parks and parking bays within ParkingPerx and / or cashless parking solution providers, who will accept payment for parking using the ParkingPerx Payment Card. You shall not represent or hold out that a ParkingPerx Payment Card is anything other than a card limited to the uses set out in these terms.

20.3. Use of the ParkingPerx Payment Card is subject to any third party card provider’s terms and conditions that may be provided along with the card.

20.4. Any ParkingPerx Payment Card issued to you will remain our property. On termination of your contract, you will return the ParkingPerx Payment Card to us or destroy it at our instructions.

21. How to end the contract with us (including if you have changed your mind)

21.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at support@parkingperx.com. Please provide your name,home address, your email address and your mobile phone number.
(b) App – complete the ‘cancel my account’ function in the App
Exercising your right to change your mind (Consumer Contracts Regulations
2013). For most products bought online you have a legal right to change your mind within 14 days. As we are providing a service, this right will come to an end when you start using ParkingPerx. Therefore, you can change your mind during the 14 days following registration for ParkingPerx but before you start using ParkingPerx.

21.2. No refund. As Rewards (ParkingPerx) have no monetary value, you will not be entitled to a refund in respect of outstanding Rewards (ParkingPerx) at the time of cancellation.

22. Our rights to end the contract

22.1. We may end the contract if you break it. We may end your involvement in ParkingPerx if:
(a) you breach these terms and conditions; or
(b) we suspect you are using ParkingPerx in an illegal or dishonest way.

22.2. We may withdraw ParkingPerx. We may write to you to let you know that we are going to stop providing the ParkingPerx scheme. We will let you know at least 30 days in advance of our stopping the scheme, in which case you will have 30 days to redeem any Rewards.

23. If there is a problem with ParkingPerx

23.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at support@parkingperx.com.

23.2. Summary of your legal rights. We are under a legal duty to supply ParkingPerx in conformity with this contract. As we are providing you with a service as part of the ParkingPerx scheme, the Consumer Rights Act 2015 says:

(a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill.
(b) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

23.3. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

General

24. Intellectual property rights

All intellectual property rights in the App and ParkingPerx throughout the world belong to us and the rights in the App and ParkingPerx are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or ParkingPerx other than the right to use them in accordance with these terms.

25. Our responsibility for loss or damage suffered by you

25.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

25.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to ParkingPerx.

25.3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised
by us.

25.4. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

25.5. Check that the App and ParkingPerx are suitable for you. The App and ParkingPerx have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and ParkingPerx (as described on the App Store or Google Play sites) meet your requirements.

25.6. We are not responsible for events outside our control. If our provision of ParkingPerx or support for the App or ParkingPerx is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will takesteps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

26. We may end your rights to use the App and ParkingPerx if you break these terms

26.1. We may end your rights to use the App and ParkingPerx at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

26.2. If we end your rights to use the App and ParkingPerx:
(a) You must stop all activities authorised by these terms, including your use of the App and ParkingPerx.
(b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
(c) We may remotely access your devices and remove the App from them and cease providing you with access to ParkingPerx.

27. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

28. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

29. No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

30. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

31. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

32. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.