INDIGO PARK SERVICES WEBSITE /SMARTPHONE APPLICATION TERMS & CONDITIONS
1.1What these terms cover. These are the terms on which we, Indigo Park Services UK Limited, supply payment services for parking facilities (the "PaymentService") to you on our website parkindigo.co.uk ("Website") or through our Park Indigo smartphone application ("App"). You may use the Payment Service to pay for parking ("Parking Service" or "Parking Services"). Each enquiry submitted for use of the Payment Service to pay for Parking Services is referred to as a "bookingrequest" in these terms.
1.2The Parking Services are provided by the operator of the relevant car park ("Car Park Operator") which may not necessarily be us. Please click here to identify the Car Park Operator for the relevant car park. Please note that the payments collected through the Payment Service for the use of the Parking Services are collected on behalf of the Car Park Operators.
1.3Why you should read them. Please read these terms carefully before you download the App (if applicable), register an account, and submit your request to us to use the Payment Service or use our Website to use the Payment Service to purchase the Parking Services (if applicable).
1.4These terms tell you who we are, how we will provide the Payment Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or have any queries, please contact us to discuss.
1.5Please note that by clicking on the "I accept" tick box before you download the App (if applicable) or register to use our Website (if applicable) you are agreeing that these terms govern your use of the App and Website (as appropriate) and govern our provision of the Payment Service to you regardless of whether or not you make any booking requests. You can end this contract as described inclause 18.2. You acknowledge and agree that any individual booking requests for a Parking Service using the Payment Service are also governed by these terms.You can cancel a booking request as described in clause 18.1.
1.6Other terms which are applicable. In addition to these terms, our supply of the Payment Service to you is subject to your agreeing to:
1.6.2 - The terms and conditions for Parking Services between you and the Car Park Operator. These terms and conditions will vary depending on the type and location of car park you are using. It is your responsibility to ensure you have read and understood those terms before using the Parking Services. The terms and conditions for Parking Services are set out on signs at each car park; and
1.6.3 - In some cases, you may be subject to byelaws or parking regulations depending on the type and location of parking space you are using. It is your responsibility to ensure you comply with all applicable laws.
1.7You may also be subject to the rules or policies applied by any appstore provider or operator from whose site you download and/or access theApp or Website.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Indigo Park Services UK Limited, a company registered in England and Wales. Our company registration number is 02362957 and our registered office is at Oak House, Reeds Crescent, Watford, WD24 4QP. Our registered VAT number is 653551731.
2.2 How to contact us. You can contact us by telephoning our customer service team at0330 123 5247 or by emailing us at firstname.lastname@example.org or by post at PO Box 2466, Watford, Herts WD18 1XH.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when requesting the services.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and notifications generated by us via the Website or App or via your use of the Website or App.
3 ACCESSING OUR WEBSITE/APP AND AVAILABILITY
3.1 Access to our Website and App is permitted on a temporary basis, andwe reserve the right to withdraw or amend the Website and App and the Payment Service we provide on our Website and App without notice (see below). We will not be liable if for any reason our Website and/or App are unavailable at anytime or for any period. You acknowledge and agree that if:
3.1.1 - Our Website and/or App are unavailable; and/or
3.1.2 - You do not receive acceptance of your booking request (described further below) then no Payment Service will be provided to you and you must pay for parking using other payment methods for example, by calling 0330 123 5247 or paying using payment facilities at the carpark.
3.2We may restrict access to some parts of our Website and App, or our entire Website and App, to users who have registered with us.
3.3 Except if the App causes damage to your Device or other digital content owned by you which would not have occurred if we had exercised reasonable skill and care, we will not be liable to you or to any other person in the event that all or any part of the Website and App are discontinued, modified or changed in any way.
4.1 To download, install and use the App (if applicable) you should have:
4.1.1 - An Apple or Android handheld device; and
4.1.2 - A correctly-configured and functional internet connection ("Devices").
4.2 You will be assumed to have obtained permission from the owners ofthe Devices that are controlled, but not owned, by you and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these terms for the use of the App or Website on or in relation to any Device, whether or not it is owned by you.
4.3 We are not responsible for any connectivity issues or data charges you incur when downloading, installing and using our App or the Website. You acknowledge and agree that if you want to park but are unable to access our Website and/or App for whatever reason including, without limitation, if you are unable to connect to the internet, you must pay using other payment methods; for example, by calling 0330 123 5247 or paying using facilities at the car park.
4.4 If we issue an update to the App which you are made aware of (by us or as part of a more general app store notification), you should download and install the update. If you fail to download and install the update after receiving notification of the update, we exclude all liability for errors and/or incompatibility which become apparent in old versions of the App. Wealso exclude liability for errors and/or incompatibility arising from the use of an out-of-date or incompatible browser.
5.1 You will be required to register your details and/or open an account to access the full Payment Service on the Website and App. You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete.
5.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
5.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
5.4 In respect of the App, we strongly recommend that your Device is protected by a suitable pin number or password so that if your Device is lost/stolen, any stored details cannot be used or accessed. You acknowledge and agree that, if your Device is lost or stolen, we have no obligation to refund to you any accepted booking requests.
5.5 We have the right to disable any account, user identification codeor password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms ofuse.
6YOUR USE OF THE WEBSITE AND APP
6.1 You agree that you will not use the Website and App in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Website, App or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Website and App security measures or attempt to do any such acts.
6.2 You agree not to infringe our intellectual property rights or those of any third party in relation to your use of the App, Website or any service (to the extent that such use is not licensed by these terms);
6.3 You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.
6.4 You are able to stop using the Website and App at any time. You confirm that you are able to do this at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website and App or any part of it at any time at our sole discretion.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all copyright and other intellectual property rights in our Website and App, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
8.2 You are allowed to access and make personal use of the App. Your access and use of the App is not exclusive and not sub-licensable or transferable to any other party.
We can also revoke your access and use of the App at any time. You acknowledge and agree:
8.2.1 - Not to rent, lease, sub-license, loan, translate or modify the App or the Website;
8.2.2 - Not to alter or permit alteration of any part of the App or Website (including, without limitation, any paper copies);
8.2.3 - Not to make any part of the App available in object or source code to any person without prior written consent from us;
8.2.4 - Not to disassemble, decompile,reverse-engineer or create derivative works based on any part of the App or the Website (where applicable) or attempt to do any such thing except to the extent permitted by law, and provided that the information obtained by you during such activities:
126.96.36.199 - Is used only for achieving inter-operability of the App or Website with another software program;
188.8.131.52 - Is not unnecessarily disclosed without our prior written consent to any third party; and
184.108.40.206 - Is not used to create any software that is substantially similar to the App or Website,
8.2.5 - To comply with all laws that apply to the App or Website.
8.3 The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.
8.4 The contents of the Website and App including (without limitation) web pages, computer codes of elements comprising the Website and App, and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us and except where such copying is incidental to normal use of the App and Website, or where it is necessary for the purpose of back-up or operational security.
8.5 The restrictions in this section do not include your ability to use any of our "sharing" functions (for example, liking and sharing our Website or on social media platforms such as Facebook) in accordance with that third party's own terms and conditions.
9RELIANCE ON INFORMATION POSTED AND DISCLAIMER
9.1 While we try to ensure that the information on this Website and App is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Any ofthe material on our Website and App may be out of date at any given time, and we are under no obligation to update such material. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.
10VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not misuse our Website and App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website and App, the server on which our Website is stored or any server, computer or database connected to our Website and App. You must not attack our Website and App via a denial-of-service attack or a distributed denial-of-service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
10.3 Unless damage is caused by the App to your Device which would not have occurred if we had exercised reasonable skill and care, we will not beliable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and App or to your downloading of any material posted on it, or on any website linked to it.
11LINKS FROM OUR WEBSITE
Where our Website contains links to other websites and resources provided by third parties, we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12 OUR CONTRACT WITH YOU FOR BOOKINGS
12.1 How we will accept your booking request. Our acceptance of your booking request will only take place when we email you to accept it, at which point a contract for the use of the Payment Service for a relevant Parking Service will come into existence between you and us. If you do not receive an email accepting your booking request no contract for the use of the Payment Service for a relevant Parking Service will have been formed between you and us.
12.2 Your reference number. We will give you a reference number when we accept a booking request. It will help us if you can tell us the reference number whenever you contact us about your booking request.
13YOUR RIGHTS TO MAKE CHANGES TO ACCEPTED BOOKING REQUESTS
If you wish to make a change to an accepted booking request please use the "Manage My Booking" option on the App or email us at email@example.com
14.CANCELLATION AND CURTAILMENT
14.1 In accordance with your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel the contract within 14 days starting the day after the booking is confirmed. If your booking does not start within the 14 day cancellation period, you will receive a full refund. Should your booking start within the 14 days, you still have the right to cancel and receive a refund minus any reasonable costs we have incurred.
14.2 If a booking is cancelled within 24 hours no refund will be made unless the booking complies with 14.1
14.3 For the purpose of condition 14.2 the period for which the service is booked shall be deemed to commence at the point the vehicle enters the car park as specified at time of booking for the service booked.
14.4 Any customer wishing to curtail the length of stay for a service once that service has commenced will be liable to pay the fee for the whole of the service booked.
14.5 Refunds onSeason Tickets either monthly, quarterly or annually will be calculated basedon the price of the equivalent ticket that would have been bought over the sameperiod and the price of the season ticket that was originally purchased. Thismay result in a reduced discounted rate on the original product.
15 OUR RIGHTS TO MAKE CHANGES
15.1Minor changes to the Payment Service.
We may change the Payment Service:
15.1.1 - To reflect changes in relevant laws and regulatory requirements; and
15.1.2 - To implement minor technicaladjustments and improvements, for example to address a security threat. We willtry to make sure that these changes will not affect your use of the PaymentService.
15.2 More significant changes to the Payment Service and these terms. Inaddition, we may need to make more significant changes to these terms or thePayment Service. If we do this, we will notify you and, if the changes are likely to have an adverse impact on you, you may then contact us to end the current Payment Service we are providing to you and receive a refund to the extent that Parking Services have not been provided following acceptance of a booking request from you.
16PROVIDING THE PAYMENT SERVICE
16.1 We are not responsible for delays outside our control. If our supply of the Payment Service is substantially delayed by an event outside our control then you may contact us to end the contract and receive a refund for any Parking Services you have paid for but not received. We will not have any further liability to you for such delays.
16.2 What will happen if you do not give required information to us. We may need certain information from you so that the Parking Services can be supplied to you, for example, your car registration number and duration of stay. We ask for this information before you pay for the Payment Service. If you give us incomplete or incorrect information, you will not have a valid booking and we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required to rectify this issue.
16.3 Your rights if we suspend the supply of the Payment Service. You may contact us to end the contract for the Payment Service if we suspend it, ortell you we are going to suspend it. We will not have any liability to you arising from a suspension of the Payment Service.
17PRICE AND PAYMENT
17.1 Where to find the price for the Parking Services. We do not make a separate charge for the download of the App or to browse our Website. The price for each booking request made using the Payment Service (which includes VAT and, under the App, a convenience fee to cover the administration of the Parking Services using the Payment Service) will be the price indicated on the booking request pages when you place your booking request. We take all reasonable care to ensure the price advised to you is correct. However please see clause 16.4 for what happens if we discover an error in the price of your booking request.
17.2 The use of the Parking Services is only valid for the vehicle specified in the accepted booking request. However, this does not entitle you to any particular space in the car park or guarantee there is a space in the car park at all.
17.3 Prices may be different. The prices for Parking Services on our Appand Website may be different to the price for Parking Services payable to a Car Park Operator using payment facilities in a car park.
17.4 What happens if we got the price wrong. It is always possible that,despite our best efforts, some of the prices on our App or Website may be incorrect. If the correct price at your booking request date is less than our stated price at your booking request date, we will charge the lower amount. If the correct price at your booking request date is higher than the price stated,we will contact you for your instructions before we accept your booking request. If we accept and process your booking request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid orrequire you to pay the correct, reasonable sum outstanding.
17.5 When you must pay and how you must pay. We accept payment with most leading credit and debit cards. You must pay for the Parking Services before they are provided, or within the applicable grace period as advertised at the relevant car park.
18CAR PARK OPERATORS' RIGHTS
18.1 If you park (or overstay), in the absence of an accepted or accurate booking request using the Payment Service via our Website or App, the relevant provisions of the terms and conditions for the Parking Services will be applicable. This may mean (for example) the Car Park Operator could refuse to release any vehicle for which a valid and current ticket, coin chip or season ticket, cannot be produced, until reasonable enquiries have been made or other sanctions may apply (such as the issue of a Parking Charge Notice, where relevant). Failure to produce a ticket or coin chip could therefore delay your departure from the car park if you have not made a valid booking using the Payment Service, and you may be charged at the full 24-hourly rate for each 24-hour period or part there of that your vehicle has been in the car park. The duration of the vehicle’s stay within the car park will in such circumstancesbe finally determined by us or the Car Park Operator.
19HOW TO END THE CONTRACT WITH US (INCLUDING IFYOU HAVE CHANGED YOUR MIND)
19.1 Tell us you want to end the contract. To cancel an accepted booking request before you have used the relevant Parking Service you have paid forusing the Payment Service, please let us know by using the Manage My Booking option on the App or by emailing us at firstname.lastname@example.org
Please provide your name, car registration number, relevant car park, details of the accepted booking request and, whereavailable, your phone number and email address. Except where there is no space in the relevant car park, you are unable to cancel an accepted booking requestonce the time you have been allocated for the use of the Parking Services has begun. Where there is no space in the relevant car park and you have not used the relevant Parking Services, we will refund you your payment except if, in our reasonable opinion, we believe that we are justified to withhold such payments. Please note that the cancellation of an accepted booking request does not end the contract for the use of the App, Website (as appropriate) and the provision of the Payment Service.
19.2 To end this contract, please uninstall the App (if applicable).There will be no cost to you for ending the Payment Service, but you will be liable to pay for any Parking Services which you use after ending the Payment Service unless we have received payment for the Parking Services using the Payment Service before the Payment Service is ended by you. Please note that uninstalling the App will not unsubscribe you from receiving any of our email newsletters. To unsubscribe from our mailing list please email us at email@example.com writing "unsubscribe" in thesubject heading.
19.3 How we will refund you. Where we (or the Car Park Operator, as applicable) agree to cancel an accepted booking request, we will refund you the price you paid for any Parking Services using the Payment Service by the method you used for payment. However, we may make deductions from the price, as described below.
19.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
20OUR RIGHTS TO END THE CONTRACT
20.1 We may end the contract for the use of the App, Website (as appropriate), Payment Service or cancel an accepted booking request at any timefor any reasonable reason. We may choose either, on behalf of the Car Park Operator, to permit you to use Parking Services which you have requested using the Payment Service before we terminated the contract (in which case you will not receive a refund) or refund you the price you have paid for Parking Services using the Payment Service, by the method you used for payment, where you have not used any Parking Services offered by the Car Park Operator.
20.2 We may also end the contract if you break it. We may also end the contract for the use of the App, Website (as appropriate), Payment Service or cancel an accepted booking request at any time by writing to you if:
20.2.1 - You do not, within a reasonable time of us asking for it, provide us with information that is necessary for the Car Park Operator to provide the Parking Services (for example, you do not provide your correct car registration number); or
20.2.2 - You materially breach these terms or any other terms applicable.
20.3 You must compensate us if you break the contract. If we end the contract in the situation set out in clause 19.2, we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract. For example, we may deduct the convenience fee incurred.
20.4 We may withdraw the App and/or Payment Service. We may let you know that we are going to stop providing the App and/or Payment Service. We will let you know in advance of our stopping the supply of the App and/or PaymentService if reasonably possible. The contract between us will end when the Appand/or Payment Service (as applicable) is withdrawn.
20.5 Refunds. Refunds for Parking Services are at the discretion of the Car Park Operator.
21IF THERE IS A PROBLEM WITH THE SERVICES
21.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customerservice team at 0330 123 5247; email us at firstname.lastname@example.org or contact us by post at PO Box 2466,Watford, Herts WD18 1XH.
21.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is asummary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.ukor call03454 04 05 06.
The Consumer Rights Act 2015 says: you canask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If you haven't agreed aprice upfront, what you're asked to pay must be reasonable. If you haven't agreed a time upfront, it must be carried out within a reasonable time.
22 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
22.1 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 this contract orour 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 ifeither it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
22.2 The material displayed on our Website and App are provided "asis" without any guarantees, conditions or warranties as to its accuracy.To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
22.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging toyou and the damage would not have occurred had we exercised reasonable skill and care, we will either repair the damage or pay you compensation.
22.4 We are not liable for the Parking Services. You acknowledge and agree that we provide payment services only and therefore have no liability to you in relation to the Parking Services. Any such liability will be a matter for the Car Park Operator.
22.5 Nothing in these terms shall limit or exclude our liability for:
22.5.1 - Death or personal injury resulting from our negligence;
22.5.2 - Fraud or fraudulent misrepresentation; and
22.5.3 - Any other liability that cannot be excluded or limited by English law.
22.6 We are not liable for business losses. We only supply the Payment Service for domestic and private use. If you use the Payment Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.7 Our liability cap. Subject to clauses 21.4, 21.5 and 21.6, our maximum aggregate liability under or in connection with these terms (including your use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of (i) 20 times the price paid for the Parking Services or (ii) £250 which you acknowledge and agree is reasonable as the App or Website (as applicable) are provided free of charge.
23HOW WE MAY USE YOUR PERSONAL INFORMATION
24OTHER IMPORTANT TERMS
24.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will use our reasonable endeavours to inform you of this before the transfer occurs. You will always have the right to end this contract in accordance with clauses 18.1or 18.2.
24.2 You may not transfer your rights to someone else. You accept that the arrangements under these terms are personal to you, and you may not transfer your rights or your obligations under these terms to another person.
24.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
24.4 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, theremaining paragraphs will remain in full force and effect.
24.5 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.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law andyou can bring legal proceedings in respect of the Payment Service in the courts in England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Payment Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect ofthe Payment Service in either the Northern Irish or the English courts.