Website Terms & Conditions

Introduction

1. The website Parkin.co.uk ("the Site") is a website, which allows you to pay for your parking space online
2. These terms will apply to anyone who views or uses the Site ("you").
3. Whether you register or not you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our Privacy policy which explains the use we are authorised to make of your personal information.
4. Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.

Registration

1. Registration with the Site is free, however in order to become a registered user you will have to provide some basic personal information.
2. You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.

Use and Abuse of the Site

1. You agree that any information you supply will be true and accurate.
2. You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
3. We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
4. In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

Our Liability

1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
2. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
3. Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.
4. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
6. We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.

Communication

1. We request that all information provided to us is accurate, current and complete.
2. All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
3. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

Other Sites and Linking

1. The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link from any website that is not owned by you.
4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Intellectual Property

1. The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
2. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.

Car Park Terms & Conditions

The following terms and conditions relate to your use of our car parks.

1. You should be aware that the Car Park is open to the general public. We cannot guarantee that members of the general public will not enter our Car Park and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.

Tariff

1. The parking tariff payable by you (as varied from time to time) will be displayed on our website. You are obliged to pay the parking tariff and to comply with any instructions on the signage as supplemented by these Terms. Failure to do so may result in us issuing you with a Parking Charge Notice (please refer to clause 5 (Parking Contraventions) of these Terms).

Claims and complaints

1. If your vehicle sustains damage while in the Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Car Park you should:
   1. in the case of theft, immediately inform the police; and
   2. notify your insurers promptly.
2. Before submitting a claim, please refer to clause 1 (Our liability to you) of these Car Park Terms, which set out the extent of our responsibility to you in relation to any loss.

Parking Contraventions

1. It is important for the effective management of the Car Park that:
   1. you comply with all signs in the Car Park, including these Terms and all signage;
   2. you park within the limits of a marked bay;
   3. you do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or marked pre-bookable spaces); and
2. If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs). Specific details about the Parking Charge payable are available in each Car Park.
3. Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
4. By parking your vehicle in the Car Park you consent to us capturing, using and processing your VRM and personal details via CCTV and ANPR for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a vehicle’s registered keeper from the DVLA.
5. If the Car Park and/or the equipment in the Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle then, except where the damage arises as a direct result of our negligence, we will seek to recover the cost of that repair and associated administration costs from you.

Security of your vehicle

1. Please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.
2. We may install CCTV cameras in the Car Park at our discretion to assist in its proper running. We acknowledge that the cameras may act as a deterrent to criminal activity, but do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Car Park.

Possessions

1. Any possessions left in a vehicle are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.

Safety in the Car Park

1. For safety reasons you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing your vehicle.
2. You must not tow any vehicle into the Car Park except as part of the services offered at the Car Park by persons authorised by us and no work on and no cleaning of vehicles by you or your agent, other than with our prior specific permission, is permitted in the Car Park. In the event of vehicle breakdown you must contact JustPark to ensure that your vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.
3. No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without our prior specific written permission.
4. You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the Car Park.
5. You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Car Park.
6. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
7. Anti-social behaviour will not be accepted in our Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.

Important points to note about the ParkIn Services:

The following are key terms applicable to your use of the Services. However, these terms are only highlighted to you for ease of reference, they are not a substitute for reading the full terms and conditions. Please scroll down to read the full terms and conditions and please make sure you fully understand them before signing up to use the Services. You should print a copy for your future reference.

1. Each time you use the Services to pay for a Parking Space (each a “Parking Session”) your Parking Session will be confirmed either in email or SMS. Your Parking Session begins at the point payment is taken. Your exact start time will be confirmed within your confirmation.
2. You can pay for a Parking Session using a credit or debit card. Whichever payment details you select when you create your account will be used for payment each time you use the Services. You can update the payment details you use to pay for the Services before confirming each Parking Session.
3. These Services are of a payment services nature and therefore the Services do not fall under the scope of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.
4. During your Parking Session you will be subject to the terms and restrictions shown on local signage and all road markings in and around the Parking Space. It is your responsibility to ensure you comply with all signage, road markings and any relevant legislation that may be applicable when parking your vehicle.
5. Once you have received a confirmation it is not possible to cancel or amend details of your Parking Session. We will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your Parking Session.
6. We will use the details you give to us in order to provide the Services to you. We may also send other messages and updates to you about our Services where you have consented to this. To learn more about how we use the information you provide please read our privacy policy.

How will I be charged?

1. You will be charged using the payment information you provide when you set up your account and that you confirm you wish to use before starting each Parking Session.
2. You can update the payment details you use to pay for the Services before confirming each Parking Session.
3. Your payments for Parking Sessions will be processed by our trusted payment partner.
4. Once you have received a confirmation it is not possible to cancel or amend details of your Parking Session. We will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your Parking Session.

The availability of the services and Parking Spaces

1. Whilst we use reasonable efforts to provide a reliable service and software, we do not and cannot guarantee that ourServices will be available 100% of the time.
2. We can not guarantee the availability or adequacy of Parking Spaces or other services provided by Parking Providers or third parties during Parking Sessions.
3. Its your responsibility to check parking space availability before making payment. Once you have received a confirmation it is not possible to cancel or amend details of your Parking Session.

Your information and data

1. The data you provide to us must be accurate and you must have the right to provide us with such data.
2. Protecting your privacy is important to us, please review our privacy policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information.
3. You agree to us using your personal information as described in our privacy policy and sharing certain information about you where necessary with third parties as set out in our privacy policy including, for example, with payment processors and enforcement officers operating during your Parking Sessions.

Your security when using the services

1. You must not share your password and account details with anyone else.
2. You must let us know if you think there has been unauthorised use of your account and / or if your phone or card is stolen or goes missing. We will not be liable for others using your account or card details to generate Parking Sessions if you have allowed other people to gain access to your account.

Your liability under the agreement

1. You are liable for paying all of the charges in relation to your use of the Services.
2. You are also liable to pay any fines and / or penalty notices you receive during your use of the Services. We will under no circumstances be liable to you for any loss or damage you may suffer in relation to any parking fines applied by authorities to you in relation to your breach of any Parking Partners rules and regulations, road markings or other relevant legislation.

Our liability to you under this agreement:

1. We accept liability for death or personal injury caused by our negligence. We also accept liability for fraud and fraudulent misrepresentation by us.
2. Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by you to us in relation to the Parking Session giving rise to the dispute between us or b) £100.
3. We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms); (iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information; or (iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure).
4. You have certain rights under the law. Nothing in these terms (including this section) is intended to or will affect these statutory rights.

General provisions:

1. These terms are not intended to give rights to anyone except you and us.
2. You acknowledge that we may transfer our rights under the terms (and any related claims) to any third party without having to obtain your prior permission.
3. If any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
4. These terms together with our policies contain all terms agreed between you and us. They replace any prior agreements between you and us in relation to the Services.

Governing law and jurisdiction

1. These terms are governed by and interpreted in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with these terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which gives you mandatory consumer protection rights, you may enforce your rights in connection with the terms in accordance with such rights.