Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: In this Policy, the following terms shall have the following meanings:
Means an account required to access and use Our App and Site, as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App and Site;
means the contract between Us and you for the purchase and sale of a Subscription to Our App and Site, as explained in Clause 6;
means your order for a parking session;
means confirmation of your Payment;
means our Website located at www.qwikpark.co.uk
means a user of Our App and/or our Site;
means QwikPark, a limited company registered in England under company number 10943079, whose registered address is 61 Hooks Farm Way, Bedhampton, Hants, PO9 3DY.
Information About Us
Our App and our Site is owned and operated by QwikPark, a limited company registered in England under company number 10943079, whose registered address is 61 Hooks Farm Way, Bedhampton, Hants, PO9 3DY
Access and Changes to Our App
Access to Our App is free.Access to our Site is free.
We may from time to time make changes to Our App and Site:
Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. Minor changes may be made to reflect changes in the law or other regulatory requirements; and
We will continue to develop and improve Our App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2.
An Account is required to use Our App.
You may not create an Account if you are under 16 years of age.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the General Data Protection Regulation (GDPR)
If you wish to close and delete your Account, you may do so at any time. Closing your Account will result in the removal of your information from Our system. Closing your Account will also remove any User Content that you have created onOur system.
Pricing and Availability
We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our App and Site) correspond to the actual services that will be provided to you.
All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
Payments – How Contracts Are Formed
You will be guided through the booking process to make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen booking and amend any errors in your Order. Please ensure that you check carefully before confirming your purchase.
No part of Our App, website or any other material constitutes a contractual offer capable of acceptance. By purchasing a parking session, you are making Us a contractual offer that We accept. Our acceptance is indicated by Us sending you a Confirmation by text or email. Only once We have sent you a Confirmation will there be a legally binding contract between Us and you (“the Contract”).
Confirmations contain the following information:
Confirmation of your parking session;
Fully itemised pricing, including, where appropriate, taxes and other additional charges;
Details of the duration of your parking session including the start date, time and the end date and time.
If We do not accept or cannot process your purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 30 days.
Subject to the cancellation provisions determined in each car park, once you have confirmed your purchase, your booking cannot be changed.
By purchasing a parking session, you are expressly requesting that you wish access to Our App and Site to be made available to you immediately (and will be required to acknowledge this). If you are a consumer, this will result in your right to cancel during the “cooling-off” period being lost.
Payment for parking sessions will be due either at the time of purchase or at the end of your parking session, dependant on the type of parking session you have purchased. Your chosen payment method will be billed immediately upon confirmation of your booking or the end of your parking session.
We accept the following methods of payment:
Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
Please note that, as explained in sub-Clause 6.6, because access to Our App and Site is made available immediately upon the purchase of a parking session, the 14-day cooling-off period does not apply.
You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services not provided:
We have incorrectly described Our App and Site, or it is faulty; or
We have informed you of an upcoming change to Our App and Site or to these Terms and Conditions that you do not agree to; or
We have informed you of an error in the price or description of your booking or Our App and Site and you do not wish to continue; or
There is a risk that the availability of Our App and Site may be significantly delayed due to events outside of Our control; or
We have informed you that We have suspended, or are planning to suspend, availability of Our App and Site for a period greater than 30 days; or
We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
To cancel a booking for any reason, please inform us using one of the following methods:
By telephone on 02392 473575 or
By email at email@example.com
Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method unless you specifically request otherwise.
In certain limited circumstances We may cancel your booking and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
If your Account is closed and your booking cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your booking in error, please contact Us at firstname.lastname@example.org
If your Account is closed and/or your booking is cancelled for any other reason, you will be refunded your booking fee in full. Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method unless you specifically request otherwise.
Our Intellectual Property Rights and Licence
We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App and Site tosearch and book parking sessions for personal and business purposes, subject to these Terms and Conditions.
All other Content included in Our App and Site(including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
By accepting these Terms and Conditions, you hereby undertake:
Not to copy, download or otherwise attempt to acquire any part of Our App and Site;
Not to disassemble, decompile or otherwise reverse engineer Our App and Site;
Not to allow or facilitate any use of Our App and Site that would constitute a breach of these Terms and Conditions; and
Not to embed or otherwise distribute Our App or pages from our Site on any website, ftp server or similar.
Links to Our App and Site
You may link to Our App and Siteprovided that:
You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
You do not use any of Our logos or trade marks (or any others displayed on Our App and Site) without Our express written permission; and
You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
Deep-linking to other parts of Our App and Site requiresOur express written permission.
You may not link to Our App and Site from any other website the content of which contains material that:
Is sexually explicit;
Is obscene, deliberately offensive, hateful or otherwise inflammatory;
Promotes or assists in any form of unlawful activity;
Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
Is calculated or is otherwise likely to deceive another person;
Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.3);
Implies any form of affiliation with Us where none exists;
Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Please note that the content criteria described above in sub-Clause 10.3 apply only to content over which the owner and/or operator of the website in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a website on which you establish a link to Our App and Site post content such as comments that violate the above criteria.
Links to Other Content
We may provide links to other content such as websites, Apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
Intellectual Property Rights
We take technical measures to limit and/or restrict the ability of Users to unlawfully copy Content created using Our App and Site.
Acceptable Usage Policy
You may only use Our App and Sitein a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
You must not use Our App and Site in any way, or for any purpose, that is unlawful or fraudulent;
You must not use Our App and Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
You must not use Our App and Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your Account and/or your access to Our App and Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
Suspend, whether temporarily or permanently, your Account and/or your right to access Our App and Site;
Issue you with a written warning;
Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach or infringement of IP;
Take further legal action against you as appropriate;
Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
We may feature advertising within Our App and SiteandWe reserve the right to display advertising on the same page as any User Content.
You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our App and Siteincluding, but not limited to, any errors, inaccuracies, or omissions.
Problems with Our App or the Site and Consumers’ Legal Rights
If you have any questions or complaints regarding Our App and Site, please email Us at email@example.com or by using any of the methods provided on Our contact page.
If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our App and Site:
Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
No part of Our App and Siteor any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
Subject to your legal rights if you are a consumer (as summarised above in Clause 15), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App and Site will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the content contained within Our App and Siteis complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App and Site(and the content therein) is complete, accurate or up-to-date.
If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our App and Site or the use of or reliance upon any Content.
To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App and Siteor any Content included in Our App and Site.
If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our App and Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App and Site (including the downloading of any Content from it) or any other website or service that We may provide a link to.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App and Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Where we process loyalty points on behalf of each car park, we do not process or administer any queries relating to loyalty points.
All loyalty points are subject to each car parks’ terms and conditions, available to review prior to purchase.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our App and Siteis secure and free from viruses and other malware. We do not, however, guarantee that Our App and Siteis secure or free from viruses or other malware and accept no liability in respect of the same.
You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App and Site.
You must not attempt to gain unauthorised access to any part of Our App and Site, the server on which Our App and Siteis stored, or any other server, computer, or database connected to Our App and Site.
You must not attach Our App and Siteby means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App and Sitewill cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
Privacy and Cookies
Communications from Us
If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our App and Site,and changes to your Account.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at firstname.lastname@example.org.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App and Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact Us, please email Us at email@example.com.
Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.