PayByPhone offers Services which allow you to pay for parking in cities around the world. The following terms and conditions govern your Account and use of Services with PayByPhone Technologies Inc. and PayByPhone Limited (together, “PayByPhone”).
These Terms and Conditions are meant to explain our mutual rights and obligations with regards to the Services. Please read these terms and conditions carefully and keep a copy for future reference.
If you have any questions about the information below, please contact the Customer Support Centres listed at the end of this page.
1. Terms and conditions for PayByPhone's services
These Terms and Conditions govern your use of the Services (including the App and your Account) and are applicable to your use of the App and Services for every transaction. Therefore, your use of the Services is conditioned on your continued agreement to accept, abide by, and be governed by these Terms and Conditions.
This is not an agreement between you and any Transaction Entity or parking provider, this is an agreement between you and PayByPhone, even if certain parts of the Services are accessed through a third party website or app.
Our Services are not directed to people under 16. If you become aware that a child is utilizing our Services without the proper consent, please contact us at email@example.com, and we will take steps to remove and terminate the account, as necessary.
In this agreement, the following terms have the meanings indicated below:
- Account - The PayByPhone parking service account opened by you in the App, on the Site or by calling our Customer Support Center.
- App - The PayByPhone mobile parking payment application and other applications that we may develop.
- Facilities Operator - The operator of a parking facility using the PayByPhone service.
- Intellectual Property - Marks, inventions, techniques, methods, works of authorship, know-how, publicity rights, trade secrets, proprietary rights, and all other intellectual property rights related thereto.
- Payment Method - Acceptable methods of payment, including MasterCard, Visa, American Express, and Discover credit cards; PayPal; digital wallets; Apple Pay, Android Pay; debit cards; and any other payment methods accepted in the future, selected for Transactions on the Account.
- Parking Session - The details of a parking session which could include: location, license plate, start parking session time, end parking session time. Usually linked to a Payment.
- Service - The service offered by PayByPhone allowing you to pay for parking at participating parking clients by using your phone pursuant to the terms and conditions of this agreement, including using our App, Sites, Application Programming Interfaces, backend technologies, products, services, content, features, functions, applications, IVR System, and any future updates, changes or additions thereto.
- Site - All PayByPhone operated websites including, without limitation, https://www.paybyphone.com, https://www.paybyphone.fr, https://www.paybyphone.co.uk, https://www.paybyphone.ch, as well as any successors to such sites.
- Transactions - The details of any and all parking sessions and parking payments completed using the Services.
- Transaction Entity - The various payment processing companies that help process your Transactions.
- Use - Utilizing our Services in any manner, including, for example, using the App, visiting the Site, calling customer service.
2. Account information
You can open your Account by downloading and installing the App; on the Site; through the IVR System; or by contacting Customer Support. You may change your Account profile at any time, but you agree to provide us with your valid registration information, including, without limitation, your contact information. You may not impersonate or misrepresent your identity to us.
It is your responsibility to review and revise your Account information so that it is accurate and current at all times. You further agree to comply with all state or local restrictions that may be applicable to your registration with us. Your Account will be valid until such time as you cancel it or it is terminated by PayByPhone in accordance with these Terms and Conditions, for example, if your Account contains any untruthful information.
You are solely responsible for use of your Account and you agree to notify us immediately in the event of any unauthorized use.
3. License and access to services
Solely for use in connection with the Services, PayByPhone grants you a limited, nontransferable, nonexclusive, revocable license to access the Services and make personal use of the Site and Service. This license does not include any resale or commercial use of PayByPhone’s Service; any collection and use of any information, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to PayByPhone may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PayByPhone. Any unauthorized use terminates the permission or license granted by PayByPhone.
You acknowledge and agree that the license to use the Services is conditioned on the following restrictions:
- You shall not share with or assign, copy (except as expressly set forth herein), sublicense, transfer, lease, rent, sell, distribute, or otherwise provide to any third party (i) your license; (ii) the App; (iii) any use of the Services; or (iv) your rights under these Terms and Conditions.
- You shall not (i) modify, adapt, translate, copy, duplicate, disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the App or Services or any component thereof for any purpose, or (ii) attempt to discover the underlying source code or algorithms of the App or Services (unless enforcement of this restriction is prohibited by applicable law and then, only to the extent specifically permitted by applicable law, and then only upon providing us with reasonable advance written notice and opportunity to respond).
- You shall not engage in competitive analysis, benchmarking, use, evaluation or viewing of the Services or create any derivatives based upon the App or Services.
- You shall not permit any party, whether acting directly or on behalf of you, to breach or violate any of these restrictions.
4. Using your account
You can use the Account to pay for parking at any parking facility that uses the PayByPhone service. You can access your Transactions and review your recent account history on our Site.
Use of Account, Password, and your Cell Phone
During the process of opening an Account you will be asked to enter a confidential password which allows you to securely access your Account. You will also provide us with the telephone number of your phone which will provide access to the Account. The Account and password are provided for your use and protection. You agree:
- Not to disclose the password and not to record it on your phone or otherwise make it available to anyone else.
- To use the Account, the password and your phone as instructed.
- To promptly notify us of any loss, unauthorized use or theft of your Account or password.
- You are liable for any transactions made by a person you authorize or permit to use your Account and/or password. If you permit someone else to use the Account, we and the Facilities Operator will treat this as if you have authorized this person to use the Account and you will be responsible for any transactions initiated by such person with the Account.
5. Pricing, payment and refunds
You agree that the fees and service charges included in the transaction cost confirmed before you start parking apply to the Account and may be charged to the Account. You authorize us to initiate any such charges to the Account as applicable.
You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any Payment Method and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with your use of such payment provider for Transactions.
You understand that parking rates vary as a result of parameters set by the Transaction Entity and Facilities Operator, such as parking location, time of day, day of the week, special events, and that these variances are beyond our control and may not be reflected in the App or Services in a timely manner. We pass all parking fees and charges through to you and we are not responsible for any parking rate variances, parking rate changes or for any differences between the parking rates reflected in the App or Service and the parking rates assessed by the Transaction Entity or Facilities Operator at the time of the Parking Session. You are solely responsible for determining the parking rates applicable to your parking session before commencing a Transaction.
You are solely responsible for all Parking Penalties. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce the violation of Parking Restrictions and do not issue Parking Penalties. If you are issued a Parking Penalty, you may use your Account to pay for such Parking Penalty, where available, but PayByPhone is not responsible to pay such Parking Penalty.
You are also solely responsible for all fees or charges you incur in connection with your use of your mobile device to access the App or Services, including but not limited to, data usage, texting, data overages, per-minute charges, roaming, and other telecom or access charges and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees.
A chargeback fee of $15.00 may be assessed if an attempt to charge your Account is rejected for insufficient funds available on your selected Payment Method, for cancellation of your Payment Method or otherwise.
You agree to pay the parking fee together with all other fees, charges, or assessments related to Transactions. Payments shall be made in the currency of the country where the parking facility is located. Prices paid shall be at the price posted at the parking facility or be at the price configured in the PayByPhone rates system as specified by the Facilities Operator on the date of service plus a service charge determined by PayByPhone. Charges by PayByPhone may be changed as described below.
Each time you use the Account to pay for a parking session, the amount of the Transaction, including applicable taxes and service charges, will be charged to the Payment Method selected for the Account. We will inform you of the amount to be charged for each Transaction. You authorize PayByPhone to charge your Payment Method for such amounts each time the service is used.
We will make every attempt to deliver a high level of service at all times. If you think there has been a billing or accounting error, please contact the appropriate Customer Support Center listed at the end of this page. Our Customer Support Center will connect you to the Facilities Operator for the facility whose charges resulted in the billing or accounting error. If you are entitled to a refund for any reason for services obtained with the Account, you agree to accept credits to the Payment Method selected on the Account in place of cash. We and the Facilities Operators will not provide cash refunds.
If you have any questions about a refund or other similar issue, please contact the appropriate Customer Care Center.
6. Verification of transactions
Details of your transactions will be available in real time on your online statement in your Account or on our Site. You agree that we may provide you periodic statements and any other notices related to our Services electronically via your Account or our Site. Statements provided electronically will describe each transaction using the Account during the statement period. Your statement will be available to you in electronic format for viewing and printing online on our Site. You may review your recent transaction history in your Account at any time, currently set at one year’s worth of transactions.
7. Failure to complete transactions
You understand that using the Services does not guarantee you a parking space and you only activate the Services after you have found an available and valid parking space.
You understand that you are solely responsible for ensuring that you have properly started the Parking Session for the appropriate parking location before you leave your vehicle unattended.
You acknowledge and agree that you are solely responsible for correctly entering the relevant information in relation to your parking Transactions, including without limitation, (i) parking location number for the relevant parking space for which you are trying to effect a payment, (ii) the license plate number being used matches that of the vehicle you are parking, and (iii) the information relating to the Payment Method intended to be used to pay for the Transaction.
As part of the Services, PayByPhone may send you reminders, alerts, or critical notifications via push notification, text message or email. You acknowledge and agree that the reception of any such message is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a Parking Session, where permitted. You further acknowledge and agree that the reception of notifications is dependent on the operation, coverage, and services of your mobile network provider and/or internet service provider. PayByPhone shall have no responsibility or liability for the damages and costs incurred by you not receiving notifications on time or at all or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
We and the Facilities Operators accept no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are not sufficient funds available on your Payment Method or otherwise.
Neither we nor any of the Facilities Operators will be liable to you for any failure to accept or honor the Account.
8. PayByPhone is a parking services company
PayByPhone provides a service to enable your payment for parking at certain facilities. PayByPhone does not own, operate or maintain parking facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. Parking facilities are operated by companies with which PayByPhone has contractual relationships, but PayByPhone is not responsible for actions taken by such companies.
All advertised parking restrictions shall take precedence over any information that you receive from PayByPhone, including physical signs prohibiting parking in a certain area. PayByPhone will not be responsible for any incorrect or conflicting parking restrictions advertised on signage.
We provide some consumers with the opportunity to purchase permits from relevant transaction entities, Facilities Operators and partners (“Permit Issuers”). A permit serves as the official confirmation of your purchase of an item offered for sale by Permit Issuers.
Permit Issuers, not PayByPhone, determine the price and availability of those permits. The Permit Issuers have policies that sometimes prohibit us from issuing permits or performing exchanges or refunds after the purchase of a permit has been made. You understand that if you purchase a permit through PayByPhone, you are nevertheless subject to the rules, policies, and terms of the relevant Permit Issuer.
10. Disclaimer of service level guarantees
Note that the services are only available in selected locations and may not be available at all times at active locations. While we will endeavor to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service. Please note that WE PROVIDE NO SERVICE LEVEL GUARANTEES WHATSOEVER concerning this service.
Unless the law provides otherwise, you waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Account.
11. Warranties, indemnifications and limits of liability
Disclaimer about Warranties
You understand that the Services subject to this agreement are provided on “as is” and “as available” basis. PayByPhone makes no representations or warranties of any kind, express or implied, as to the operation of this service or the information, content, materials, or products included on our Site. You expressly agree that your use of this Site and our Service is at your sole risk.
You also understand and agree that any data, content, or information downloaded or otherwise obtained through your use of the App or Services, including viruses, are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The “near me” locations service is provided to users as a reference only. Users should always check PayByPhone and Facilities Operator signage for actual location number prior to finalizing a parking transaction. PayByPhone accepts no responsibility for parking sessions booked using an incorrect location number.
PayByPhone does not own, control or operate parking facilities. Accordingly, PayByPhone does not warrant anything with respect to such facilities. PayByPhone will not be liable for any damages of any kind arising from or related to any parking facility or its operation, including, but not limited to direct, indirect, incidental, punitive, and consequential damages arising from damage to your vehicle, loss of your vehicle, or loss of articles left in your vehicle or for any personal injury in any circumstances.
PayByPhone is also not responsible for any parking penalties you incur or receive, even if the Services were used in connection with a Transaction. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce any parking restrictions and have no ability to control the actions of third parties who enforce parking restrictions or assess parking penalties.
You agree to indemnify, hold harmless and defend PayByPhone with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of PayByPhone’s selected attorneys, arising from any third-party claim against PayByPhone relating to (i) your violation of law, ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of your License; (iv) your improper or illegal use of the App or Services; (v) any act or omission or willful misconduct of yours; (vi) any breach of any of your representations, warranties, or covenants made herein; and (vii) any failure by you to comply with these Terms and Conditions.
Limitation of Liability
By using the App or Services, you hereby release, remise and forever discharge and give up any and all claims which you may have against PayByPhone, which now or hereafter arise from, relate to or are connected with the use of the App or Services. You further waive, release and give up any and all claims and defenses arising from or relating to any act, event or omission. This includes, without limitation, any claim which could be asserted now or in the future under (i) the common law; (ii) any PayByPhone policies, practices, or procedures; and/or (iii) any federal and/or state statutes or regulations.
To the fullest extent permitted by applicable law, PayByPhone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PayByPhone does not warrant that our Site, its servers, or e-mail sent from PayByPhone are free of viruses or other harmful components. PayByPhone will not be liable for any damages of any kind arising from the use of our Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
12. Loss, theft or unauthorized use
You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts.
Tell us AT ONCE if you believe that your Account has been used by an unauthorized person. Telephoning us is the best way to KEEP YOUR POSSIBLE LOSSES DOWN. If you believe that your phone has been stolen, or that someone has transferred or may improperly charge the account without your permission, contact the appropriate Customer Support Center or email us at firstname.lastname@example.org. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of the account, you could incur additional charges.
If your phone or Payment Method has been reported lost, stolen or otherwise tampered with, we may close the Account to keep your and our losses down.
13. Notice containing information about your right to dispute errors
In case of errors or questions about Transactions on your Account, contact our Customer Support Center or email us at email@example.com as soon as you can, including if you think the statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Under most circumstances, we will connect you to the Facilities Operator whose charges resulted in the error or whose transaction resulted in questions. Disputes involving operators of parking facilities will be resolved pursuant to their procedures.
For disputes that we (rather than a Facilities Operator) are involved in, we must hear from you no later than 30 days after the transaction in question has been made available to you on the online statement.
The following information must be contained in that notice:
- Your name, user name and phone number used for the Account.
- Description of the error or the transaction you are unsure about and an explanation as clearly as possible of why you believe it is an error or why you need more information.
- The amount in local currency of the suspected error
If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.
If we decide there was no error, we will send you a written explanation within three business days, after we finish our investigation. You may ask for copies of documents that we used in our investigation.
14. Dispute resolution and confidential arbitration
Any dispute relating in any way to the services offered by PayByPhone not resolved in accordance with the preceding Section 13 shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate PayByPhone’s intellectual property rights, PayByPhone may seek injunctive or other appropriate relief in any Provincial or Federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
15. Disclosure of account information to third parties
From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and the Account:
- To parking and payment companies with whom we have relationships.
- In response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance.
- In connection with collection of indebtedness or to report losses incurred by us.
- In compliance with any agreement between us and a professional, regulatory or disciplinary body.
- In connection with potential commercial transactions or reorganizations.
- To carefully selected service providers and merchant partners who help us meet your needs by providing or offering our services (“Network of Merchant and Service Providers”).
You may tell us that you prefer that we not share this information with our Network of Merchant and Service Providers by sending your request to PayByPhone at any Customer Support Centre listed at the end of this page including your name, address, phone number and mobile user name.
16. Credit or information inquiries
You authorize us to make such credit, employment and investigative inquiries, as we deem appropriate in connection with the issuance and use of the Account. We can furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.
17. Business days and hours
Our business days are all days except Saturdays, Sundays and statutory holidays.
18. Use of cell phones whilst driving can be dangerous
Please note that operating a cell phone or any other device while driving can be dangerous and we advise you not to use our Service while operating a vehicle. You agree to indemnify and hold PayByPhone harmless from any or all liability whatsoever for any harm, loss or injury related to use of this service or the account while operating any kind of vehicle.
19. Cancellation of your account
You may choose to cancel this agreement by closing your Account on our Site, by emailing us at firstname.lastname@example.org, or by contacting the appropriate Customer Support Centre listed at the end of this page. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination and your Account will remain our property at all times.
We may cancel or limit your right to use your Account at any time in the event of the following:
- Reports of unauthorized or unusual credit card use associated with your Account including, but not limited to, notice by the card issuing bank.
- Reports of unauthorized or unusual parking account use associated with your 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 these Terms and Conditions.
- Where the cardholder name on the payment card associated with the personal account does not match the name on the personal account.
- We are unable to verify or authenticate any information that you provide.
- We believe that activity on your Account poses a significant credit or fraud risk to us.
Our ability to suspend, limit or close your Account does not limit or exclude other remedies we may have if you are otherwise in breach of this Agreement.
20. Applicable law
By opening the Account, you agree that the laws of the Province of British Columbia, Canada without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PayByPhone or our affiliates, as well as any of their successors and assigns. Notwithstanding the previous sentence, you agree that it shall be nevertheless permissible for PayByPhone to apply for equitable relief in any jurisdiction. You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.
21. Intellectual property
All Intellectual Property in the App and Services is the sole property of PayByPhone and our affiliates or other representatives (as applicable) together with any goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.
Other than as expressly set forth herein, PayByPhone does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by PayByPhone. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.
Any communications, including, without limitation, e-mails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise from you to PayByPhone or any of our officers, managers, employees, representatives, attorneys, or agents and any postings to the Sites shall become PayByPhone's property upon the transmission of the same. You grant the perpetual and irrevocable right to us to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
PayByPhone and other marks indicated on our Site are registered trademarks of PayByPhone, Inc. or our affiliates in Canada, the United States and other countries. Other PayByPhone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PayByPhone, Inc. or our affiliates. PayByPhone’s trademarks and trade dress may not be used in connection with any product or service that is not PayByPhone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PayByPhone. All other trademarks not owned by PayByPhone or our affiliates that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PayByPhone or our affiliates.
You many not transfer your rights under this agreement without PayByPhone’s express written consent. We may transfer our rights under this agreement at any time.
Use of the Account is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.
We do not give up our rights by delaying or failing to exercise them at anytime.
If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.
If we take legal action against you because of default in the terms of this agreement, you must pay reasonable attorney’s fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
Some pages on our Sites include links to third party websites. These third party sites are governed by their own privacy statements, and we are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third party sites before providing them with any personally identifiable information.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by emailing us at email@example.com.
Customer Support Centres
USA and Canada
General: 604 642 4286
Sales: 1 866 783 7787
1168 Hamilton Street
General: 0870 112 6412
17A The Broadway
Australia and New Zealand
General: +61(0) 3 9592 8906
69 New Street
PayByPhone is owned by Volkswagen Financial Services AG
Effective Date: 2018-05-25