Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘Pay-N-Park’ means PARKWAY SIGNALLING LIMITED (Company No. 8595904). Pay-N-Park is a trading name of PARKWAY SIGNALLING LIMITED; and
• ‘You’ or ‘your’ means the person, company, or organisation (including, where the context so admits, its employees, agents, contractors and subcontractors) booking the services offered by the Parking Place Owners.
• Parking Place Owners’ means the person, company or organisation who owns the parking space.
• Services’ means the provision of a Pay-N-Park App (“the App”) where:
  • Parking Place Owners advertise their Available Parking Places; and
  • You book the Available Parking Place.
• ‘Available Parking Place’ means a parking place/space owned by the Parking Place Owner and advertised as available on the Pay-N-Park App.
• ‘The App’ means all version from time to time the Pay-N-Park App operated by us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• email [info@paynpark.co.uk]

1. Introduction

   1. The Pay-N-Park is a parking space rental app which allows you to book and advertise parking spaces.
   2. The App is operated by PARKWAY SIGNALLING LIMITED ("we" or "us") and membership is open to any individual who chooses to register with the app in the United Kingdom and is 18 years or over.
   3. These terms will apply to anyone who uses the app ("you").
   4. You will be bound by these terms and conditions in full and you also agree to be bound by the terms of our Privacy policy which explains the use we are authorised to make of your personal information.
   5. These Terms and Conditions relate to you, if you wish to book a parking space through the app you will be bound by our Driver Agreement.
   6. If you are a parking space owner and you wish to rent your parking space with us you will be bound by our Parking Space Owner Agreement.
   7. Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the app you confirm that you accept the then current terms and conditions in full at the time you use the app.

2. Registration "General"

   1. The following are key terms applicable to your use of the Services. However, these terms are only highlighted to you for ease of reference, they are not a substitute for reading the full terms and conditions. Please read the full terms and conditions and please make sure you fully understand them before signing up to use the Services. You should print a copy for your future reference.
   2. In order to use the Services you must create an account by downloading the App and registering. Your account can be created by signing in via your Google or Facebook account or through using your email address and creating a password.
   3. Once you have created your account it is your responsibility to keep your account details, including your password, safe and up to date and to not share these with anyone else.
   4. By creating an account with us you confirm that:
      1. all information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the app;
      2. you only provide us with payment, credit or debit card details for an account which is yours and which you are authorised to use to make payments;
      3. you will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
      4. you will not intercept or modify the communications between the App and our servers;
      5. you will not deliberately exploit any bugs you find in the App;
      6. you will not use the App for any illegal or unlawful purpose;
      7. you will not distribute viruses or any other technologies in the App that may harm us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; and
      8. you will not provide or otherwise make available the App in whole or in part (including any object and source code), in any form to any person without prior written consent from us.
   5. Registration with the app is currently free, however in order to become a registered user you will have to provide some basic personal information. (see "Registration Driver" and "Registration Parking Space Owner")
   6. You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
   7. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
   8. You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the app.
   9. On receipt of an email by you to us cancelling your registration then we will terminate your registration following any pre-cancellation processes.
   10. We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
   11. The data you provide to us must be accurate and you must have the right to provide us with such data.
   12. You must not share your password and account details with anyone else.

3. Registration "Driver"

   1. To be able to rent advertised parking spaces you will need to provide the following information at registration:
      1. UK registered mobile number
      2. First and last name
      3. Email address
      4. UK registered Vehicle number

4. Registration "Parking Space Owner"

   1. To be able to advertise parking spaces you will need to provide at registration the following:
      1. UK registered mobile number;
      2. First and last Name;
      3. Residential Address;
      4. Email Address.
      5. Successful ID and facial verification using our online system or provide ID and Address proof documents as follows:
         1. UK driving License;
         2. GB Passport;
         3. Tenancy Document;
         4. Council Tax;
         5. Property Land Registry document.

5. Use of the app

   1. You agree that any information you supply will be true and accurate.
   2. We shall:
      1. reserve the right at our discretion to terminate your registration or membership and restrict your access to the app at any time for any reason;
      2. grant you a limited licence to access and personal use of the app.
   3. In the event that you are informed that you will no longer be entitled to access the services you will:
      1. not be entitled to register again; and
      2. no longer have permission to use the app.

6. Our Liability

   1. The material displayed on our app is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
   2. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
   3. Although we aim to offer you the best service possible, we make no promise that the services at the app will meet your requirements. We cannot guarantee that the services will be fault-free.
   4. Your access to the app may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
   5. From time to time it may be necessary to suspend access to the app for a period of time and any such interruptions shall not constitute a breach by us of these terms.
   6. We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the app whether such loss is incurred or suffered as a result of our negligence or otherwise.

7. Communication

   1. We request that all information provided to us is accurate, current and complete.
   2. All notices sent to you will be sent to the email address provided to us. By accepting these terms you shall:
   3. give your consent to receive communications from us by email; and
   4. agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
   5. Personal information that you supply to us will not be disclosed by us to any third party other than in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

8. Intellectual Property

   1. The format and content of this app is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this app.
   2. By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
   3. We only do initial screening of user-generated content (including content relating to available parking spaces) or information on the app and we cannot give any assurance as to its accuracy or completeness. Users of this app are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

9. Payment Terms & Conditions

   1. You can pay for a Parking Session using a credit or debit card. In addition, when you are using the App to pay, it is possible to use Apple Pay or Android Pay in order to pay for your use of the Services. You can enable this on your mobile device. Whichever payment details you select when you create your account will be used for payment each time you use the Services. You can update the payment details you use to pay for the Services before confirming each parking session being the use of an Available Parking Place for a specific time period (“Parking Session”).
   2. These Services are of a payment services nature and therefore the Services do not fall under the scope of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. You therefore commit to the transaction through the App when you confirm a Parking Session.

10. Parking Session

    1. During your Parking Session:
       1. you will be subject to the terms and restrictions shown on local signage and all road markings in and around the Available Parking Place;
       2. it is your responsibility to ensure you comply with all signage, road markings and any relevant legislation that may be applicable when parking your vehicle.
    2. Once you have received a confirmation, it is not possible to cancel your Parking Session.
    3. If there is an issue with your Parking Session (for example you have input the incorrect vehicle details or other information) this should be possible to resolve by using features within the App. If this does not resolve matters, please contact our customer service team at info@paynpark.co.uk.Our customer service team will happily update the incorrect details for you if they are permitted to do so by the parking provider, but we will not be able to cancel the Parking Session.
    4. We will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your Parking Session.

11. General

    1. If you have any concerns, queries or complaints please contact our customer services team on info@paynpark.co.uk
    2. We will use the details you give to us in order to provide the Services to you. We may also send other messages and updates to you about our Services where you have consented to this. To learn more about how we use the information you provide please read our Privacy policy.
    3. If you are unsure how to use the Services or the App please see the following page on our website https://paynpark.co.uk/. By creating an account you agree to be bound by these terms and conditions together with the Privacy Policy. These documents govern your use of the App, the Services and your account and are applicable to your use of the App and Services generally every Parking Session you create.
    4. When you use the Service we are providing you with the means to enter into individual, direct contracts with the Parking Providers to park in the Parking Spaces and we facilitate the payment for your use of the Parking Space provided by the Parking Providers. We are not a party to the contracts between you and the Parking Providers and will not be liable to you or any third party in relation to the Parking Space other than in accordance with these terms.
    5. These terms and conditions may be updated from time to time as we continually develop the services we provide. We may therefore amend this agreement by posting the amended terms and conditions on our website and in the App. These amended terms and conditions would take effect 7 days following being posted. Should you no longer wish to use the Services you can simply stop using the App and Services. You can also log out from your account on the App and can contact us on info@paynpark.co.uk or Delete Account option on the App and request that we deactivate your account.
    6. Whilst we use reasonable efforts to provide a reliable service and software, we do not and cannot guarantee that the Services will be available 100% of the time.
    7. We also do not guarantee the availability or adequacy of Parking Spaces or other services provided by Parking Providers or third parties during Parking Sessions.
    8. Protecting your privacy is important to us, please review our privacy policy here in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information.
    9. You agree to us using your personal information as described in our privacy policy and sharing certain information about you where necessary with third parties as set out in our privacy policy including, for example, with payment processors and enforcement officers operating during your Parking Sessions.
    10. You must let us know if you think there has been unauthorised use of your account and / or if your phone or card is stolen or goes missing. We will not be liable for others using your account or card details to generate Parking Sessions if you have allowed other people to gain access to your account.
    11. You acknowledge that your use of the Services is subject to our discretion and we may, in the event of your breach of these terms, at our sole discretion, suspend your account or withdraw your rights to use the Service on written notice with immediate effect.
    12. Circumstances in which we may suspend or withdraw your account include but are not limited to, our reasonable belief that you have used an account for payment which you are not entitled to use, or you have breached these terms and conditions.
    13. You are liable for paying all of the charges in relation to your use of the Services and the App.
    14. You are also liable to pay any fines and / or penalty notices you receive during your use of the Services. We will under no circumstances be liable to you for any loss or damage you may suffer in relation to any parking fines applied by authorities to you in relation to your breach of any Parking Partners rules and regulations, road markings or other relevant legislation.
    15. Please contact the Parking Provider if your query or complaint relates to an issue with a Parking Space itself.
    16. If you have any questions, complaints or comments about us or the services then please contact us via info@paynpark.co.uk or in writing by post to: Suite 1.1, 11 Mallard Way, Pride Park, Derby, England DE24 8GX.
    17. These terms are not intended to give rights to anyone except you and us.
    18. You acknowledge that we may transfer our rights under the terms (and any related claims) to any third party without having to obtain your prior permission.
    19. These terms together with our policies contain all terms agreed between you and us. They replace any prior agreements between you and us in relation to the Services.
    20. You agree that your right to access and use the Services is also subject to applicable law and any rules or policies applied by the relevant App Store from which you access the App.
    21. Use of the APP requires access to the internet. Any cost associated with accessing the internet (Data usage cost) will be borne by you.
    22. Any cost incurred by you to receive or send communication (Eg: Email, SMS , Text , Calls from Landine or Mobile) to us will be borne by you.

12. HOW TO USE THE 'PARK NOW' SERVICES

    1. Once you have logged into the App you can use the App to pay for Parking Sessions. You will provide / confirm the following information before starting a Parking Session: the location of the Available Parking Place (location ID), the duration of parking time and the vehicle being parked. You will then be asked to confirm the payment amount to start a Parking Session. You may use one of two parking booking options depending on the Available Parking Space. It may be that the Available Parking Place is available for regeneration or it may be on a park now basis where you find a free Available Parking Place on an unreserved parking facility and to use displayed QR codes to register vehicle details and process payment.

13. How you will be charged

    1. You will be charged using the payment information you provide when you set up your account and that you confirm you wish to use before starting each Parking Session.
    2. You will be charged the amount shown on screen before your Parking Session begins.
    3. You can update the payment details you use to pay for the Services before confirming each Parking Session.
    4. You will be liable for any charges in connection to any calls made and SMS/ text services used when paying for your Parking Session. You may be asked if you want to opt-in to receive text message reminders or confirmations/receipts. These messages may be chargeable and you will be made aware of the fee before paying.
    5. Your payments for Parking Sessions will be processed by our trusted payment partner.
    6. Once you have received a confirmation it is not possible to cancel your Parking Session. If there is an issue with your Parking Session (for example you have input the incorrect vehicle details or other information) please contact our customer service team at info@paynpark.co.uk. Our customer service team will happily update the incorrect details for you, but we will not be able to cancel the Parking Session. We will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your Parking Session.