PHONE AND PAY USER

Terms & Conditions 

 

1.         Definitions

2.         Agreed terms

3.         Fees and Payment

4.         Disclaimer

5.         Entire Agreement

6.         Trademarks, Trade Names, Logos

7.         GOVERNING LAW AND JURISDICTION

8.         Subscription Services

 

1.    Definitions:

The Supplier” – Bemrose Mobile Ltd

We, Us or Our means Bemrose TICKETING Ltd under Company number 06929688 of Bemrose Ticketing Ltd, Fountain Court, 2 Victoria Square, Victoria Street, St Albans AL1 3TF “Parking Operator” (PO) – The owners and managers of Public on or off-street Parking Bays, Other Locations and Council owned or Privately Managed Parking locations

“The User” or “you” – any member of the general public or Business who has fully registered and receives confirmation of registration for the Parking Payment Service

“The service” or “Parking system” (the PS / IS) – The Phone and Pay Service operated by the supplier which is held in this agreement

Account – the provision of a Pay By Phone solution to a registered mobile phone user or multiple users, who have an online login

 

2.    Agreed terms

By using Phone and Pay or any other payment service provided by The Supplier through many means including a UK mobile or landline phone or through the internet, results in a contractual agreement with either Bemrose Ticketing Ltd or the relevant Parking Operator (PO) or Authority. This agreement regulates the provision of the payment service provided to you to Bemrose Ticketing ltd.

These Terms and Conditions together with the Privacy Policy will apply to your contract. The area this agreement covers is the provision of both live and automated telephone based payment solutions for users of parking only.

This service is designed to offer an alternative method of payment (the “Public on or off-street Parking Bays, Other Locations and Council owned or Managed Car Parks”).

In order to have the contract formed, users will need to register for the service though one of the medium available, and then receive an electronic confirmation of the service.

Bemrose provides the user with a payment option and not with a parking facility. Any liability, consequential, special, indirect or incidental damages, costs, losses, claims, expenses, demands and proceedings whatsoever and however so arising, whether in contract, tort or otherwise, directly or indirectly, out of or in the course of, or in connection with the provision or execution of or any failure to provide the Parking Service, or any other damages resulting with regard to parking, is the responsibility of the PO at the location, and in no way is Bemrose liable or responsible in anyway.

The Supplier reserve the right, at any time, without prior notice or your consent, transfer, assign, sub-contract our rights under this agreement to any associate company.

The Supplier will provide, operate and manage a telephone based payment solution (Parking System) for the general public and Businesses  that will enable any motorist who wishes to park in any charged Council owned or other managed Parking location. The Parking System will enabled parking payment via a debit or credit card transaction, which will be communicated by such means as an Automated Telephone Interface, an SMS text message solution, via an interface online or by speaking to a live operator that allow for the effective daily operation of the Parking System. The Parking System will enable motorists to pay, manage, extend and cancel parking or as otherwise stated from time to time in this agreement.

The Supplier will maintain and keep full accounts of any and all information and data collected by the Supplier from Customers in relation to the use of the Parking System. This data will be used and held subject to the terms of this Agreement and all appropriate and related laws including the Data Protection Act 1998 and any amendments to that Act. Under no circumstances will The Supplier discharge or otherwise release any such information to any party except to the PO, who is contractually obliged and duty bound not to release any information unless where reasonably linked to the use of the Parking System.

 

Information System (The “IS”)

The Supplier will provide, operate and manage a web enabled interface with a back-end software program for motorists who park in any charged Council owned or managed Parking location. This IS will allow the Motorist or those who manage the accounts of the motorist to view and manage their total Service usage online. The online interface is not limited to, but will offer such services as the following to: Register for Pay By Phone for Consumers, to get and print VAT receipts, to reset PIN numbers, to view terms and conditions of use, to provide details for the user to pay for parking at that time, to add additional, change or edit - mobile phone numbers linked to the account, vehicle registration numbers, payment card details, account addresses. The IS will also allow users to access and edit their profile, SMS confirmations, SMS reminders, and other settings and view parking activities and summaries.

This service is notwithstanding reasonable downtime for the Supplier to install updates or make unforeseen corrections outside of the direct control of the Supplier, and any downtime arising due to failure of third parties, including but not limited to utilities and wireless carriers, to provide service the Supplier guarantees to the Council that the Parking System will operate in accordance with this Agreement

The Supplier’s targeted online availability is 99.5 (however this figures excludes downtime for scheduled maintenance, product updates or product amendments or third-party failures, which are deemed to be outside the reasonable control of the Supplier).

You have single and sole responsibility for use of your Account and you agree to notify us immediately in the event of you becoming aware of any unauthorised use.

 

3.    Fees and Payment

Service Charge

The user will be levied a small convenience service charge depending on the type of transaction undertaken. This convenience service charge may or may not be inclusive of all applicable taxes thereon, including VAT (the “Taxes”). The payment will be in the local currency of the facility, most likely to be British Pounds Sterling. The convenience service charge for the Parking Fee payments (Parking Fee Convenience Service Charge) and the service charges for the non-compulsory confirmation, reminder, and receipt SMS (Non-compulsory Service Charges) will be paid in full by the Customer (the Service Charges). Please note the SMS receipt and reminder options may be automatically switched on during the initial registration process and are often charged at 10p each. Please see signs in the parking place for further information.
The Parking Fee shall be paid by payment card (commonly credit or debit card) pre-registered by the motorist on the Parking System. Each payment will be pre-authorised prior to the start of the parking session concerned. This may result in funds being not available until the pre-authorisation process is complete

 

All applicable data protection laws will be strictly adhered to in relation to any personal data offered or given by the user

Termination

Both the user and the supplier have the right at any time to remove, terminate or suspend any account held in regards to the Pay By Phone service

We reserve the right to exclude, suspend, cancel or otherwise withdraw your account and thus service with the supplier at any time without prior notice. Reasons for this may include but are not limited to:

You providing us with false, misleading or otherwise incorrect account information

Any attempted abuse, hacking or attempting to gain information deemed inappropriate by the supplier

Attempting to use the service in a way which is deemed harmful to the supplier or PO

You agree:

To use the Parking System as set out in this agreement

Not to disclose your PIN or make it in anyway available to any third party other than one which has your full consent to register or use the parking service for you, on your behalf or with your permission

You are liable for any transactions made through the Parking System whether by phone or electronic means, whether done legally by yourself or on your behalf or done without your consent

To notify us immediately should you believe your security PIN or account has been used or compromised in any way whatsoever, and failure to do so leaves you solely liable for any occurrences which happen on your account

 

CUSTOMER INFORMATION

 

4.    Disclaimer

Except as expressly set forth in this agreement and save in respect of death or personal injury caused by negligence, the Supplier does not make, and hereby specifically disclaims, any representations or warranties, express or implied it has had to rely on or has had represented to it from third parties, regarding the Parking System, including any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The user acknowledges that the Parking System applications, and any and all other items and services furnished by the Supplier under this Agreement (including, without limitation, any servers or other hardware, software, applications and any other items used or provided by the Supplier or any third parties in connection with providing access to or hosting any of the foregoing or the performance of any services by the Supplier under this Agreement) are provided by the Supplier on an ‘as is’ basis. The Supplier will only be liable for losses or damage suffered as a result of its negligence or breach of contract that directly cause such losses/damage, in the event of any indirect or consequential loss the Supplier’s liability shall be limited to a maximum of 10 times your relevant parking charge.

For Information System end-users, subscribing to a service or making a one-off booking serves as express consent to receive marketing SMS messages from Bemrose Ticketing Ltd and /or their associated companies.  Information System end users may opt out by emailing help@phoneandpay.co.uk. We may use your number to respond to or confirm anything sent from it. Standard message sent by you and data rates of your mobile service providers may apply and are your responsibility

 

5.    Entire Agreement

This Agreement shall constitute the entire agreement between the User and The Supplier. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior agreements with respect to the subject matter hereof.

 

6.    Trademarks, Trade Names, Logos

Except as expressly provided in this Agreement, no trademark, trade name, logo, trade dress, copyright or license therein, or other intellectual property rights (collectively, Intellectual Property) are conveyed by this Agreement. 

 

7.    GOVERNING LAW AND JURISDICTION

7.1       This agreement and any disputes or claims arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) are governed by and construed in accordance with English law.

7.2       The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

8.    Subscription Services

Regular users will have the option of becoming a subscriber. This means that they will not have to pay a transaction fee at all for new parking sessions. They simply pay per month and all parking session transactions are then included. Subscribers only pay for SMS reminders and receipts.