Terms and Conditions
- These General Terms & Conditions (referred to as “General Conditions”) govern Your use of the service that You have registered for and in conjunction with any other specific terms and conditions relate to the services provided by GoParkit Technologies Limited and GoParkit Technologies Inc. (GoParkit). In these General Conditions You in relation to the services shall be referred to as “You”, “Your” or the “User” (as appropriate) who will be either: (i) a private individual, or (ii) a company or business, which makes use of the GoParkit vehicle parking payment and management system. GoParkit is the provider of a parking payment system (the “Service” or “Services”).
- When/where applicable GoParkit may provide You with a GoParkit car sticker or card that can be used by You to assist in making an enforcement officer aware that you may be using GoParkit for parking payment.
- These General Conditions are legally binding on You if You register for the Services. You as a potential user of the Services must agree to them prior to being accepted as a User. If You do not agree to accept and be bound by these General Terms & Conditions please cancel Your registration / membership.
- GoParkit reserves the right to make changes to these General Conditions, which are published on the website, www.GoParkit.com (the “Website”) and are available to be viewed from the Website. If any provision of these General Conditions is null and void or is overturned, the other provisions of these General Conditions shall continue to remain in force. The User is not permitted to transfer its rights and/or obligations arising from the Services and these General Conditions to third parties, without GoParkit’s prior consent in writing.
2. Using GoParkit services
- You are responsible for providing GoParkit with the correct information about You when You register Your information, such as Your: name, address, place of residence, vehicle registration number, mobile telephone number, business details (if relevant) and method of payment details. You must inform GoParkit immediately of any changes to this information by updating Your Online Personal Pages on the Website and GoParkit will update Your information in its system.
- You are responsible for keeping Your password for your account secret so that only You can access Your Online Personal Pages which will be available on the Website.
- You authorise GoParkit to undertake the automatic collection of the parking fees. This authorisation is confirmed by You on completing the registration form online.
- You must notify GoParkit by using Your mobile phone to activate the system each time You park Your vehicle in a designated parking space or zone.
- Where applicable You are responsible for ensuring that the location indicated within the GoParkit app is the correct location and that you are purchasing a ticket for the correct zone or area. The geographical location provided by the phone and app, or the location code where appropriate informs the GoParkit system of the rate to charge You for Your parking and of any time restrictions on the amount of time You are permitted to park Your vehicle in that location. It is also Your responsibility to ensure that where more than one vehicle is registered to Your account You are responsible for ensuring that the correct vehicle is selected by You for parking. In the event you select an incorrect location or park the wrong vehicle a refund will not be made and you will be responsible for any penalty charge notice issued.
- You are not guaranteed a parking space on the basis of registering to use the Services. All notices and signs or directions made by relevant councils, traffic attendants or authorised persons (e.g. the suspension of a parking space) will take precedence over any information that You receive via the GoParkit system.
- You can only assume that the beginning or end of Your parking transaction has been validly accepted by the GoParkit system when You have received a confirmation of this via Your mobile application. You are responsible for ensuring that You have properly activated the system for the relevant location before You leave Your vehicle unattended. Any penalty charge notice issued between the time of parking the vehicle and the notification via mobile application that the vehicle is validly parked is at Your risk. It is Your responsibility not to forget to notify the system at the end of the parking transaction where applicable.
- In the unlikely event of the GoParkit parking system being unavailable, You must pay the appropriate parking fee that is due by using another way (e.g. by buying a printed parking ticket from the appropriate dispensing machine).
- If You no longer want to use the Services, a written request by You to cancel the service GoParkit provides to You can be made via info@GoParkit.
- GoParkit reserves the right to terminate or refuse to provide You with the Services for a valid reason, including but not limited to if You fail to pay Your parking fees or use an invalid payment method or card details. If You do not comply with these General Conditions You will be deemed to be parking without having validly paid Your parking fee and may therefore be issued with a penalty charge notice or have Your vehicle impounded by the appropriate authorities.
- GoParkit is not responsible for the issuance of penalty charge notices and the enforcement of vehicle parking related offences. Most issues You have regarding the issuance of a penalty charge notices or Your vehicle being impounded need to be resolved by You with the relevant authorities. Your personal pages available on the Website will provide You with a breakdown of Your parking related activity using the GoParkit system.
- If in relevant circumstances, You authorise GoParkit to contact the relevant authorities on your behalf regarding the issuance of a penalty charge notices. In such cases, GoParkit may pass Your personal details or some of Your personal details to the relevant authorities.
- Details of Your parking event and recent parking history may be shared with parking providers for the purposes of assessing existence of a valid ticket or for support purposes. Your data may be used as part of a data stream for parking management purposes.
3. Fees and Deduction of Payments for Parking
- You agree to pay the parking fees and the charges for using the Services as shown on the Website on registration for the Services.
- You authorise GoParkit to obtain funds on your behalf from your chosen funding source, details of which you have provided to us on registration for the Services and to use them to purchase parking for a vehicle or vehicles, details of which you have registered.
- In the event that any funds or credit in your account are not used within 180 days of your last transaction, the funds may be retained by GoParkit.
- In the event where a refund is agreed for any reason You agree to provide any required information to facilitate a refund in a timely manner.
- You agree that your payments for the Services will be processed by a third party payment processor.
- A history of Your parking transactions, indicating the parking locations, times and costs, is accessible by You from Your Online Personal Pages on the Website, www.GoParkit.com. If You require a receipt or invoice, You must print this from Your personal pages on the Website.
- If paying by credit or debit card, You must have sufficient credit on the card account to pay the fees due at the time GoParkit requests the payment from the credit or debit card company.
- Any unused credit on your account may be retained by GoParkit 24 months after the credit has been added, where GoParkit deems the cost of refund disproportionate to credit retained. GoParkit will generally seek to facilitate refunds of credit but may apply a modest charge to cover card processing fees from 3rd parties.
- GoParkit accepts no responsibility for Penalty Charge Notices being issued, or other parking enforcement actions being implemented, if You have failed to ensure that sufficient funds are available to cover Your parking fees.
- If You do not pay Your parking fees (for example, due to an insufficient funds), Your GoParkit account will be blocked in the parking system and You will be charged the additional administration costs for this. GoParkit reserves the right to transfer the claims for unpaid parking fees to the relevant authorities.
- You acknowledge that GoParkit may make charges in relation to support or other calls to the company or its service providers. You agree to pay and such charges for using the Services as shown on the Website on registration for the Services. Call charges may vary subject to telephone service providers and type of contract.
- GoParkit is not responsible for any loss or damage that You may suffer as a result of You not using the GoParkit system correctly or if You fail to comply with these general terms or any other instructions given to You via Your mobile telephone and application.
- You acknowledge that the ability to notify the start and where applicable the end of Your parking by mobile telephone, as well as the possibility of receiving in-app, email messages with information relating to Your parking action, depends on the operation of the mobile telephone network, and the availability of service of the mobile telephone companies concerned. GoParkit cannot be held liable for any loss or damage arising from the inadequate operation or unavailability of a network or telephone company or if You fail to receive a message (in time).
- Force Majeure. GoParkit shall not be liable to You if the performance of its obligations under this agreement is prevented or hindered due to any circumstances outside of its reasonable control.
- The GoParkit website contains hyperlinks to websites operated by third parties. GoParkit does not control such websites and will not be held responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties which result in any loss, damage, delay or injury to you or your companions. GoParkit is not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by GoParkit. Inclusion of any linked website on the GoParkit website does not imply or constitute approval or endorsement of the linked website by GoParkit. If you decide to leave the GoParkit website to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. GoParkit is not responsible for information provided by you to third parties.
- You agree to defend and indemnify GoParkit, its affiliates, and/or its respective suppliers and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these terms, conditions and notices or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the GoParkit website.
5. Applicable law and regulations and council policy
- The council or car park owner’s parking regulations will apply to all the Users of the GoParkit system who park in the GoParkit designated areas of the council or car park concerned.
- Parking rates can be changed by the councils or car park owner. This is a matter for which GoParkit cannot control and therefore will not be responsible for these fee increases.
6. In-App, SMS, and other Messages
- You acknowledge that the reception of messages is not 100% guaranteed and that You are responsible for the activation and deactivation of a parking action.
- You acknowledge that the reception of messages is dependent on: the operation of his or her mobile phone provider to which his or her mobile phone is connected, and the service of the mobile phone company to which he or she has an account or prepaid card.
- GoParkit takes no responsibility for the damages/costs incurred by not receiving a message on time or by the insufficient operation of the mobile network or mobile phone company.
- The costs of the messages will be invoiced as notified to You on registration and in accordance with the payment method selected.
- You will be notified at least 30 days in advance on the Website if there are any changes to the charges for the Service.
7. Copyright and trademarks
- All content of the GoParkit website is copyright © GoParkit Technologies Ltd and © GoParkit Technologies Inc. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on the GoParkit website are incorporated for viewing purposes only and may not be saved or downloaded in any format. Any customer reviews featured on the GoParkit.com website do not represent the opinions of GoParkit.
8. Account Suspension
- We may at our sole discretion suspend, limit access to Your Online Personal Pages or close any user account where we have reasonable grounds to believe that you are in breach of any of the terms of this Agreement.
- We may at our sole discretion close accounts where there has been no transactions for 180 days.
- If your account access has been suspended, limited or closed you will be notified by in-app message, email or text and requested to provide information relevant to your account which we reasonably believe may assist us in the investigation of the circumstances which have led to such suspension, limitation or closure.
- Any of the following events may lead to your account being suspended or limited:
- Reports of unauthorised or unusual credit card use associated with the personal account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorised or your account compromised.
- Reports of unauthorised or unusual parking account use associated with the account.
- Abuse by you of the chargeback process provided by your issuing bank
- Excessive levels of disputes or chargebacks
- Breach of any term of this Agreement
- Failure to pay for parking or parking penalties
- Failure to verify or authenticate any information you provide to us
- Believe that your account or activities pose a significant credit or fraud risk to us
- Adverse reports from credit agencies.
- We will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
- The ability to suspend, limit or close any account does not limit or exclude other remedies we may have if you are otherwise in breach of this Agreement.
9. Software License
The Application downloaded Your mobile device, and the web portals in conjunction with the Service constitutes software that is owned (and will remain owned) by GoParkit.
- Grant of License. Subject to the terms and conditions of this Agreement, GoParkit grants to You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited right to install and use one copy of the Application on each mobile device owned or controlled by You, and to access and use the Application on such mobile device and to access the website solely in conjunction with Your use of the Service hereunder, strictly in accordance with the terms and conditions of this License and all applicable local, national, and international laws and regulations.
- Restrictions on Use. You shall not (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Customer’s access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of GoParkit or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any service, product or software offered by GoParkit; (h) use any proprietary information or interfaces of GoParkit or other intellectual property of GoParkit in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (i) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or (j) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. These obligations survive termination of this License.
- Rules and Policies. You agree to abide by the rules and policies established from time to time by GoParkit. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues.
10. Applicable law
- This agreement will be governed by and construed in accordance with the laws of the Republic of Ireland.