Terms of Use for ParkBee Services and Car Parks

The Service (as defined hereinafter) provided by ParkBee B.V., registered with the trade register of the Chamber of Commerce under number 58811001 with its registered seat in Rotterdam, the Netherlands and its office at Fahrenheitstraat 99 (1097 PP) Amsterdam, the Netherlands (“ParkBee“, “us“, “we” or “our“), are subject to these Terms of Use (“Terms“). These Terms govern the legal relationship between ParkBee and the customer (“Customer“, “you” or “your“). By accesing and/or using the Services, you acknowledge and agree to these Terms and to be bound by these Terms. Please read these Terms carefully. They relate to your use of the Service and Car Parks.

1.              Definitions

1.1.          “Agreement” means the agreement between ParkBee and Customer regarding the Service;

1.2.          “ANPR” means automatic number plate recognition;

1.3.          “Car Park” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking Vehicles;

1.4.          “Confidential Information” means ParkBee’s information regarding the Service, documentation, software, trade secrets embodied therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or which is accompanied by written notice that such information is confidential and/or proprietary, or (ii) not marked or accompanied by notice that it is confidential and/or proprietary but which, if disclosed to any third party, could reasonably and foreseeably cause competitive harm to the owner of such information.  Confidential Information shall not include information which, as demonstrated by you, is: (i) publicly available, (ii) lawfully obtained by a party from third parties without restrictions on disclosure, or (iii) independently developed by a party without reference to or use of Confidential Information;

1.5.          “Force Majeure Events” means any events or circumstances, or any combination of such events or circumstances, which are not attributable to ParkBee, including but not limited to malfunctions of the internet or other telecommunications facilities, failures by (third) parties on which ParkBee depends when providing the Service (including but not limited to Parkmobile or parties (such as garage or real estate owners) offering the Car Parks), power outage or failure, malfunctioning of the Car Parks, the defective condition of items, equipment, software, data provided by the Customer, or other materials which the Customer has instructed ParkBee to use and/or the non-availability of one or more members of staff (due to illness, strikes or otherwise);

1.6.          “Parking Charge” means any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses ParkBee will incur as a result of Customer’s non-compliance;

1.7.          “Parking Charge Notice” means a notification requiring the Customer to pay any unpaid Parking Charge(s);

1.8.          “DfT” means Department for Transport;

1.9.          “Reservation” means the online reservation via the Service by Customer of any parking spot (not being a designated parking spot) in a Car Park on a particular date and time, by providing ParkBee with the Vehicle’s VRM and other personal data required for ParkBee to process the reservation;

1.10.       “Service” means the ParkBee software and technology for accessing and using Car Parks allowing Customer to park on vacant parking spots via the Parkmobile application, which may be integrated in Third Party Applications;

1.11.       “Third Party Applications” means any third party application, in which the Service is integrated to provide the Service (including but not limited to Parkmobile, Park-line, Ringo and/or other providers of third party applications);

1.12.       “Vehicle” means any vehicle used to convey passengers or items, that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories;

1.13.       “VRM” means vehicle registration mark.

2.              Tariff and Reservation fee

2.1.          The parking tariff payable by Customer (as varied from time to time) is displayed on the tariff board in the Service through Third Party Applications and on ParkBee’s website. The applicable fee payable by Customer for a Reservation will be displayed in the Reservation process, and will have to be agreed to, in order to successfully complete a Reservation. Depending on how a Reservation is made, the Reservation fee will have to be paid either in advance, directly to ParkBee, or afterwards, for example through Third Party Applications.

2.2.          Unless agreed otherwise, Customer is obliged to pay the parking tariff and Reservation fee and to comply with any instructions on the tariff board as supplemented by these Terms, and 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).

2.3.          ParkBee is at all times entitled to change the parking tariffs and Reservation fee in a reasonable manner and to the extent permitted by law, and/or to change its currently static pricing model into another pricing model such as a dynamic pricing model.

3.              Reservations

3.1.          Note that certain designated Car Parks allow for Reservations to be made a particular time period in advance, as indicated in the Reservation process. A Reservation may in some situations be mandatory for using the Services in a particular Car Park.

3.2.          Once a Reservation is made, the Customer shall be entitled to enter the relevant Car Park during a limited time period, as indicated during the Reservation process. Please make sure that you are able to enter the premises of the Car Park within the mentioned time period before completing a Reservation.

3.3.          Once completed, a Reservation cannot be terminated, changed or withdrawn, as communicated to the Customer in the Reservation process. No refunds will be given by ParkBee with respect to any Reservation, as Section 6:230p(d) of the Dutch Civil Code applies. In exceptional situations in which ParkBee is unable to meet the Customer’s request regarding a Reservation (i.e. there is no free parking spot available), the Customer is entitled to a refund of the Reservation tariff, provided that the Customer notifies ParkBee without undue delay via support@parkbee.com.

3.4.          In order to complete a Reservation, we will need the Customer’s Vehicle’s VRM. Once a Reservation is made, the Customer will be able to enter the Car Park, in accordance with these Terms, with the Vehicle of which the VRM was submitted, and/or using Third Party Applications. The Car Park will recognise the VRM using ANPR, allowing the Customer to enter and exit.

3.5.          With ParkBee’s prior written approval, certain loyal Customers, as selected by ParkBee, will be able to enter and exit a Car Park on the basis of their VRM without having to make a Reservation first.

3.6.         You can cancel your reservation by sending an email to support@parkbee.comReservations will only be fully refunded in the following cases:

a.             Within 30 minutes after booking your reservation

b.             Up to 24 hours before parking time

c.             Cancellations and refunds will not be permitted from 24 hours prior to the reservation time.

4.              Claims and complaints

4.1.          If Customer’s Vehicle sustains damage while in the Car Park, Customer’s Vehicle is stolen or any possessions are stolen from Customer’s Vehicle while it is in the Car Park the Customer should:

a.       immediately notify ParkBee’s customer services department (to be contacted via support@parkbee.com or via the contact details available on our website: https://parkbee.com/);

b.       in the case of theft, immediately inform the police; and

c.        notify his/her insurers promptly.

4.2.          Any claims against ParkBee or complaints about the Service, should be addressed to the customer services department to be contacted via support@parkbee.com. Before submitting a claim, please be informed of and refer to clause 21 (Liability) of these Terms, which set out the extent of ParkBee’s responsibility and liability in relation to any damages or loss.

5.              Parking Contraventions

5.1.          It is important for the effective management of the Car Park that:

a.       Customer complies with all signs in the Car Park, these Terms and the parking tariff payable by Customer;

b.       Customer parks within the limits of a marked bay for ParkBee;

c.        Customer does not park within a bay designated for a specific purpose when he is 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 parking in a space for electric Vehicles when not using the charging facility); and

d.       Customer pays all amounts due for his parking and complies with the requirements set out at clause 10 (Ticket Types and Payment Methods) of these Terms.

5.2.          If Customer does not comply with these requirements ParkBee may issue Customer with a Parking Charge Notice requiring Customer to pay his Parking Charge. Parking Charges relating to a breach of these Terms shall amount EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications. By parking a Vehicle in the Car Park the Customer consents to ParkBee and/or the garage owner, third party service provider and/or any third party surveillance company capturing, using and processing its VRM and personal details via video surveillance cameras and ANPR for the provision and analysis of the Service (including Reservations and occupancy checks), enforcement purposes regarding the Service, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes ParkBee’s right to request and obtain the details of a Vehicle’s registered keeper from DfT.

5.3.          If the Car Park and/or the equipment in the Car Park is damaged by the Customer, his Vehicle, its contents or the passengers in the Vehicle then, except where the damage arises as a direct result of ParkBee’s wilful intent or negligence, Customer is responsible and liable for any damages and shall indemnify ParkBee from any third party claims in this respect.

6.              Security

6.1.          Unless asked by a member of ParkBee’s staff not to do so in the case of emergency, the Customer must ensure that his Vehicle is left securely locked with all windows securely closed and any Vehicle alarm, steering lock or similar device fitted is engaged. ParkBee is neither responsible nor liable for any consequence or loss arising from a failure by the Customer to properly secure his Vehicle.

6.2.          ParkBee may install video surveillance cameras in the Car Park at ParkBee’s discretion to assist in its proper running. ParkBee acknowledges that the cameras may act as a deterrent to criminal activity, but does not make any representation as to the coverage provided or guarantee of the security of the Customer’s Vehicle if the video surveillance cameras are installed in the Car Park.

7.              Possessions

7.1.          Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkBee suggests that no items are left so that they are visible from the outside of the Vehicle. ParkBee is not liable for any theft by third parties from the Customer’s Vehicle.

8.              Traffic Orders, rules and legislation

8.1.          The use of this Car Park may be regulated by traffic orders, rules or other legislation under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order, rules or legislation. In such circumstances, separate notices specifying the relevant order, rule or legislation will be displayed in the Car Park and ParkBee reserves the right to take enforcement action against Customer (including through court proceedings) for breach of such order, rule or legislation.

9.              Safety in the Car Park

9.1.          For safety reasons the Customer is not entitled to remain in his Vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing the Vehicle. After Customer has parked his Vehicle, Customer must proceed immediately to the nearest passenger lift, staircase or exit, following the recommended route (if any). Customers are only entitled to use the Car Park in accordance with these Terms and shall not access any other buildings, locations or other places in connection with the Car Park, unless such buildings, locations or places contain ParkBee signs from which follows that these are ParkBee approved walkways.  The Customer must not, in any circumstances, exit the Car Park by walking under a Vehicle exit barrier, unless the Car Parks does not offer another exit and requires the Customer to exit through or by circumventing the entrance.

10.           Ticket Types and Payment Methods

10.1.       Customer must, depending on the payment methods available, pay the parking tariff using and via Third Party Applications in which the Service is integrated. ParkBee reserves the right to use other payment methods via the Service.

10.2.       The (digital) parking ticket is only valid for the Vehicle in respect of which it is issued.

11.           Access and Re-location of Vehicles

11.1.       ParkBee reserves the right to refuse the admission of any Vehicle to the Car Park for any reason whatsoever.

11.2.       ParkBee reserves the right to move Vehicles within the Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park.

11.3.       ParkBee reserves the right to move Vehicles within or remove them from the Car Park, at its own initiative or upon request of the party offering the Car Park, using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle), in the event the time the Vehicle is parked in the Car Park exceeds the amount of time allowed in the Car Park, as specified to the Customer through the Service.

11.4.       ParkBee additionally reserves the right to use a lawful authority to remove any Vehicle to another reasonably convenient car park, whether or not operated by ParkBee, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of ParkBee’s control, or if the Car Park has to be evacuated in an emergency.

11.5.       To the extent that it is necessary to do so in the exercise of the rights conferred upon ParkBee in this clause 11, ParkBee reserves the right to drive or otherwise take your Vehicle onto a public highway. In doing so ParkBee will take reasonable care of the Vehicle.

12.           Abandoned Vehicles

12.1.       ParkBee is entitled to regard as abandoned any Vehicle left in the Car Park for more than 28 days without prior notification and which is not known by ParkBee to be covered by a current valid season or other ticket or booking.

12.2.       ParkBee reserves the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the Vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned Vehicle.  Before proceeding with the disposal or sale of abandoned Vehicles ParkBee will:

a.       refer the matter to the appropriate authorities, which may include the local police and the DVLA; and

b.       affix a notice to the Vehicle at least seven (7) days before the date on which ParkBee proposes to remove the Vehicle stating that the Vehicle will be removed and sold when that period expires.

12.3.       Abandoned Vehicles will be disposed of as waste or sold by auction. Where sold by ParkBee, the proceeds of sale will be applied in and towards satisfaction of all sums owing to ParkBee together with the expenses of sale and ParkBee’s reasonable storage and removal costs for the period during which the Vehicle is in ParkBee’s possession.

12.4.       Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by ParkBee on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.

13.           Prohibited Activities

13.1.       Customer must not tow any Vehicle into the Car Park except as part of services offered at the Car Park by persons authorised by ParkBee and no work on and no cleaning of Vehicles by the Customer or the Customer’s agent, other than with ParkBee’s prior specific permission, is permitted in the Car Park. In the event of Vehicle breakdown the Customer must contact the Car Park attendant to ensure that the Vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.

13.2.       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 ParkBee’s prior specific written permission.

13.3.       Customer is not allowed to dispose of any items or drop litter in the Car Park. Customers are kindly requested to place any rubbish/litter in the bins that are provided or to take it away with them when leaving the Car Park.

13.4.       Customers are not allowed to pour petrol, or any other fuel, into their Vehicle whilst it is in the Car Park. Customers are also not allowed to take petrol, or any other fuel, out of their Vehicle whilst it is in the Car Park.

13.5.       Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.

13.6.       Anti-social behaviour will not be accepted in ParkBee’s Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing in illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking Vehicles. If Customers cause a nuisance or disturbance to others it may be recorded by video surveillance cameras and action may be taken against them.

13.7.       Customers should not take photos or carry out any filming within the Car Park without ParkBee’s written consent.

14.           Confidentiality

14.1.       Customer shall keep Confidential Information about ParkBee strictly confidential. Customer shall not in any way disclose to anyone any Confidential Information about ParkBee, including (but not limited to) any information about the Service, the provision of the Service, any activity, financial matter, business plan, intellectual property right, information system, working method, employee and supplier relating to the Service. Clause 14.1is not applicable if and insofar as:

a.       Customer is obliged by law to disclose such information, in which event Customer shall consult with ParkBee about how this will be effected; or

b.        Customer has obtained from ParkBee its prior written consent.

15.           Data Protection and privacy

15.1.       ParkBee processes any personal data (including data relating to a Vehicle’s VRM or owner) it obtains as part of the performance or preparation of the Agreement, or the handling of a Customer’s query or request, in accordance with the terms of the Agreement and applicable privacy laws and legislation. We advise you to consult the applicable ParkBee privacy policy for further information on how we process personal data (see https://parkbee.com/privacy).

16.           Ownership and Restrictions

16.1.       Customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to ParkBee, software applications and application programming interfaces related to the Service, and any modifications and enhancements thereof, contents, material and information made available via the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws.

16.2.       Customer will not: (i) copy, reproduce, alter, modify, or create derivative works from the Service; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, time share, assign or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so); or (iii) remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service. Customer will use the Service in compliance with all applicable laws and regulations.

16.3.       Customer will not: (i) sub-license his right to access and/or use the Service; (ii) permit any unauthorized person or third party to access or use the Service; (iii) use the Service to provide services to third parties; (iv) republish or redistribute any content or material from the Service; and (v) make any alterations to the Service; (vi) circumvent (technical) measures or misuse the Service in any way in order to prevent or limit payment of the parking tariffs due.

16.4.       Customer will not authorize or encourage any third party to (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ParkBee; or (ii) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

16.5.       If Customer does not comply with this section 15 of the Terms, ParkBee may issue Customer with a Parking Charge Notice requiring Customer to pay this Parking Charge. Parking Charges relating to a breach of this section 16 shall amount EUR EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications.

17.           Intellectual Property

17.1.       Customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to ParkBee and any modifications and enhancements thereof, including without limitation all intellectual property rights, and such rights are protected by amongst others U.S., European and international intellectual property laws.

18.           Term and termination

18.1.       The Terms will continue to apply until terminated by ParkBee or Customer as follows.

18.2.       Customer is entitled to end the Agreement at any time for any or no reason by deregistering from the Service, unless agreed otherwise or if Customer and ParkBee entered into a ParkBee’s Agreement Subscription Service.

18.3.       ParkBee may at all times terminate the Agreement, entirely or partly, in writing (by e-mail) with immediate effect and without payment of compensation, in case (i) Customer violated these Terms (ii) ParkBee’s provision of the Service to Customer is no longer commercially viable or desirable, to be decided by ParkBee at its sole discretion.

18.1.       Terms that by their content[…]  are intended to survive the expiration or termination of these Terms, including (without limitation), provisions governing ownership and use of intellectual property, warranties, liability, indemnification, governing law and jurisdiction, will survive the expiration or termination of these Terms.

19.           Force Majeure

19.1.       ParkBee shall not be liable for any non-performance of its obligations pursuant to the Terms, if such non-performance is caused by a Force Majeure Event. In case of a Force Majeure Event, ParkBee has the right to suspend the execution or further execution of the Service.

20.           Third Party Applications

20.1.       The Service may be integrated with Third Party Applications. These Third Party Applications are governed by its own terms and conditions and/or other relevant terms or (privacy) policies. Customer’s use of these Third Party Applications will be governed by and subject to such terms and conditions and/or other relevant terms or (privacy) policies. Customer acknowledges and agrees that ParkBee is not responsible or liable for Customer’s use of any Third Party Application and/or for any transaction the Customer may enter into with the provider of any such Third Party Application.

21.           Liability

21.1 Customer acknowledges and agrees that parking is at its own risk. The Agreement does not include permanent surveillance of the Vehicle by ParkBee or the relevant garage or real estate owners.
 
 21.1.1  ParkBee cannot be held liable, to the extent permitted by law, for any damage resulting from theft and loss of, or other damage to the Vehicle or other belongings of Customer placed in the relevant Car Park. 
 
21.1.2  The limitations of liability as set in this clause 21 may also be invoked vis-à-vis Customer by the relevant Car Park garage or real estate owner.
 

21.2.       Customer acknowledges that, the Service, as an internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance and that ParkBee depends on the availability and accessibility of third party software (including but not limited to the Parkmobile application). ParkBee makes no representations or warranties, whether express, implied or statutory, with respect to the Service provided hereunder, including the Service and any documentation, content, data and materials made available with the Service. ParkBee specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. ParkBee does not warrant that the Service will be error-free or operate without interruptions or downtime, that the parking spots offered via the Service are available in the Car Park or that the results obtained from the Services meet Customer’s needs.

21.3.       In no event shall ParkBee, under any circumstances, be liable to Customer for any  direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to of profit, missed savings, damage due to company stagnation, reputational damage) whatsoever resulting from and/or in connection with (i) any claim of any nature arising under the Terms (ii) mistakes, or inaccuracies of content or information available via the Service (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service (iv) any errors, virusses, bugs, trojan horses, interruptions or downtime of the Service and/or third party software (including but not limited to the Parkmobile application) (v) any use of the Service by Customer. In no event shall the aggregate liability of ParkBee exceed the amount you paid ParkBee for the Service, if any, in the past 6 (six) months before occurrence of the event giving rise to the claim.

21.4.       The limitation of liability set forth in this section 21 shall not apply to damages arising from wilful intent or gross negligence from the side of ParkBee.

21.5.       Customer agrees to hold harmless and indemnify ParkBee, and its affiliates, management, officers, agents, subcontractors and employees from and against any third party claim arising from or in any way related to Customer’s, including its affiliates, management, officers, agents, subcontractors and employees, and or other person’s (i) use of the Service; and (ii) violation of the Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

22.           General

22.1.       ParkBee reserves the right to unilaterally amend these Terms, which amendments will take effect after ParkBee made these amendments available to Customer. It is the Customer’s responsibility to review these Terms for any changes. If the Customer does not agree to the revised Terms, the Customer should discontinue the use of the Service. The Customer’s continued use of the Service following any amendment of these Terms will signify the assent to and acceptance of the revised Terms.

22.2.       Each 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.

23.           Governing law and jurisdiction

23.1.       These Terms are governed by and shall be construed in accordance with the laws of the Netherlands. If you are a consumer living in the EU, this choice of law shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.

23.2.       Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the competent courts in Amsterdam, the Netherlands, notwithstanding the right of appeal.

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WEBSITE TERMS AND CONDITIONS 

You agree to use this website only for lawful purposes. You agree not to take any action that might compromise the security of our site, render the site inaccessible to others or otherwise cause damage to the site or any of its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.

All intellectual property rights in the names Parkbee and Keepyourcitymoving and the content of this website is owned by or licensed to ParkBee, unless otherwise specified and may not be used, copied or altered without our express consent. You may use our website for private and personal non-commercial use only – i.e. to view, copy and print portions of these pages for the sole purpose of placing orders for our products. The content, including any trade or other marks and copyright, may not be used for any other purpose.

The use by you of this website is conditional upon your acceptance of these terms and conditions.

Before making a purchase on our website you are deemed to have accepted these terms and conditions. If you don’t accept these terms and conditions, you will not be able to make a transaction.


Information about us

parkbee.com, keepyourcitymoving.com and related microsites – our “websites” – are sites operated by ParkBee. We are registered in the UK and the Netherlands. Our registered offices are 27 Provost Street N1 7NH London,


Links to other websites

Our site may contain links to other websites which are provided as a convenience to you. Such links do not constitute or imply any endorsement or recommendation of any third party site or its content. If you access other sites using the links provided you will leave the site and will be subject to the policies applicable to those sites, which may differ from ours.


Licence

If you want to share the content on our site with your friends, please use the sharing tools provided.

You are permitted to print and download extracts from the website for your own use on the following basis:

no documents or related graphics on the website are modified in any way;
no graphics on the website are used separately from the corresponding text; and
our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

Subject to these terms and conditions, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

Service access

While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor material and conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the website any material:

that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking). We shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

Suspension and termination

We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Variations

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions, notices or terms published elsewhere on our site.

Dispute policy

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):

A moderation notice should be sent either:

by post: to our current registered office, marked for the attention of “The Legal Department”; or
by email: to support@parkbe.com
The moderation notice should include details of:

the date, time and listing of the comment(s)/content concerned;
the action that you wish us to take in respect of the comment(s)/content; and
the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the moderation notice, we shall, in most circumstances:

immediately suspend the comment(s)/content concerned;
commence an investigation into it/them; and
contact the user(s) concerned:
with a copy of your moderation notice;

giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your moderation notice; and requesting that they respond to us within 21 days.
If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)’ representations (if any), redacted to protect their identity.
For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)’ identity.
Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

Law and jurisdiction

This website, its content and any contract brought into being as a result of usage of this website, will be governed by English Law. Any dispute or claim arising out of or in connection with any such contract or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Purchase Terms and Conditions

Registration

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. Responsibility for the security of any passwords issued rests with you.

Your status

By placing an order through our site, you confirm that:

You are legally capable of entering into binding contracts;
You are at least 18 years old.
You grant us an irrevocable non-exclusive licence to use for any purpose any content you post on our website or otherwise communicated to us via any media.

How the contract is formed between you and us

After you place an order for a parking service, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Acceptance is confirmed by us sending you an email that confirms that the reservation has been registered. The contract between us will only be formed when we send you dispatch confirmation.



Our status

ParkBee’s obligations under this agreement are to issue the service to you under the agreement. We are responsible for you receiving the desired goods to an (at least) acceptable quality.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.

Consumer rights

If you have a problem with a product or service you bought online on parkbee.com you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out-of-court dispute settlement.

If you are contracting as a consumer, you may cancel a contract at any time within the cancellation period. This cancellation period begins when you receive dispatch confirmation and ends 14 days after the day on which you receive the goods. You will be responsible for returning a cancelled order to us . You will receive a full refund of the price paid for the service, in accordance with our refunds policy, unless there is any reduction in the value of the goods caused by your handling, in which case the refund will be reduced to reflect this. The refund will include the cost of delivery charges up to our standard delivery charge as a maximum. If the product has been delivered to you before you decide to cancel your contract, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.

Price and payment

The price of any product or service will be as quoted on our site, except in cases of obvious error. These prices include VAT. If there’s an obvious pricing error in relation to the product and/or service which could have reasonably been recognised by you as a mis-pricing then we have the right to cancel any reservation and/or subscription issued in respect of the deal and issue you a refund in respect of the same.

Payment for all products and subscriptions may be made by credit or debit card.

Our refunds policy

If we are providing a refund:

because you have cancelled the contract between us in accordance with this agreement and, we will process the refund due to you as soon as possible. If you could not use your reservation or subscription because of technical or operational issues at the car park that are under ParkBee’s direct responsibility  we will refund the price of the service or subscription in full;
for any other reason at our discretion we will notify you of such refund via email within a reasonable period of time. We will usually process the refund due to you as soon as we can.
We will also usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

We will not process refunds for reservations or subscriptions that could not be accessed either because of the customer’s misuse or reasons beyond our control.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the subscription and/or product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:

loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.
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